[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Plain 6-18-2019 by L.L. No. 1-2019; amended in its entirety 10-20-2020 by L.L. No.
2-2020. Subsequent amendments noted where applicable.]
A.
The Village Board finds that significant numbers of vehicle owners
fail to respond to parking summonses issued for violations of parking
orders, rules, regulations, and local laws; that a significant number
of such owners are persistent violators; and that, by reason of out-of-state
registration of vehicles, transfer of ownership, reregistration of
vehicles, and other circumstances, violators frequently are able to
evade existing enforcement measures.
B.
By reason of the foregoing, the Village Board finds that the health,
welfare and safety of the Village will be served by adoption of a
Village local law providing additional means of enforcing parking
orders, rules, regulations, and local laws in the case of vehicle
owners who fail to timely respond to summonses issued for Village
parking violations.
As used in this chapter, the following terms shall have the
meanings indicated:
A parking violation default is incurred when an unpaid parking
summons has not been answered by the required appearance date.
Includes a motor vehicle as defined in § 125 of the
Vehicle and Traffic Law, a tractor as defined in § 151-a of such
law; or a trailer as defined in § 156 of such law, as such sections
may be amended from time to time.
The clamping, affixing, or locking of a booting device onto
the wheel of a parked vehicle to prevent the wheel from rotating,
thereby immobilizing the vehicle.
A device that is clamped, affixed, or locked onto the wheel
of a parked vehicle to prevent the wheel from rotating, thereby immobilizing
the vehicle until it is unlocked and removed.
A.
The Chief of Police is hereby authorized to provide for vehicle immobilization
with respect to vehicles which have two or more outstanding Village
parking violation defaults against them.
B.
Notice. When a vehicle immobilization device is used, the Police
Department shall attach or cause to be attached to the vehicle, in
a conspicuous manner, in such form as may be directed by the Chief
of Police, a notice in substantially the following form:
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NOTICE
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THIS VEHICLE HAS BEEN IMMOBILIZED BY THE FORT PLAIN POLICE DEPARTMENT
FOR DELINQUENT PARKING VIOLATION TICKETS. DO NOT ATTEMPT TO REMOVE
OR TAMPER WITH. 'I'HE BOOT. THIS MAY CAUSE DAMAGE: TO THE BOOT AND/OR
THE VEHICLE. TAMPERING WITH THE BOOT IS AN OFFENSE PUNISHABLE BY A
FINE OF $300 PLUS THE COST OF FIXING OR REPLACING THE BOOT AND/OR
DAMAGE TO THE STREET.
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TO HAVE THE BOOT REMOVED, CONTACT THE FORT PLAIN POLICE DEPARTMENT
TO MAKE ARRANGEMENTS TO PAY ALL DELINQUENT PARKING VIOLATION TICKETS
AND AN ADMINISTRATIVE FEE OF $50 TO THE FORT PLAIN VILLAGE OFFICE
DURING NORMAL BUSINESS HOURS. THE BOOT WILL BE REMOVED BY THE POLICE
UPON PRESENTATION OF THE CERTIFICATE OF PROOF OF PAYMENT ISSUED BY
THE VILLAGE CLERK. IF THE DELINQUENT TICKETS ARE NOT PAID WITHIN 48
HOURS OF APPLICATION OF THE BOOT, THE VEHICLE MAY BE TOWED AS AN ABANDONED
VEHICLE IN VIOLATION OF THE NEW YORK STATE VEHICLE AND TRAFFIC LAW
AND AT YOUR EXPENSE.
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A.
Generally. The individual attempting to redeem a vehicle that has
been immobilized must demonstrate to the satisfaction of the Village
Clerk that he or she is the owner of said vehicle or is authorized
to act on behalf of such owner.
B.
Release of Immobilized vehicles.
(1)
To obtain the release of an immobilized vehicle, the owner or authorized
representative of the owner of said vehicle shall first contact the
Fort Plain Police Department to make arrangements to be accompanied
by a police officer to visit the Village Office during normal business
hours and provide the Clerk with payment in full of all outstanding
Village parking violations relating to the vehicle. Upon receiving
payment for all outstanding Village parking violations, together with
an administrative fee of $50 to cover the cost of engaging and removing
the vehicle immobilization device, the Clerk shall provide the owner
with a certificate as proof of payment.
(2)
After obtaining the certificate described above in Section B(2),
the owner of an immobilized vehicle shall visit the office of the
Police Department during normal business hours and present said certificate.
Thereafter, the Chief of Police or his duly designated agent shall
remove the vehicle immobilization device in a reasonably prompt manner.
(3)
New parking summonses may be issued to a vehicle that has been fitted
with a vehicle immobilization device, and penalties will continue
to accrue until payment is made.
Any person who attempts to remove, deface, or destroy a vehicle
immobilization device, having no lawful right to do so, shall be in
violation of this Village law. Notwithstanding any other provision
of this chapter, the fine for such violation shall be $300, plus all
actual expenses for replacement and/or repair of the vehicle immobilization
device.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This chapter shall supersede all prior local laws, ordinances,
rules and regulations which may be inconsistent with the provisions
of this chapter.
This chapter shall take effect immediately upon filing with
the Secretary of State.
The chapter designations and numerical/lettering designations
of the sections included in this chapter shall be delegated to the
discretion of General Code, which may renumber the chapter and sections
included in this chapter as necessary to accommodate incorporation
of this chapter in the Code of the Village of Fort Plain.
