[Added 2-21-2024 by L.L. No. 10-2024]
A. 
The Town of Riverhead hereby finds that § 1210, Subdivision (c), of the New York Vehicle and Traffic Law provides that towing agencies which remove vehicles unlawfully parked on private property at the request of the owner of the premises and without the written consent of the owner of the vehicle shall immediately notify the local police station house having jurisdiction over the area where such vehicle was unlawfully parked of the description of the car which was removed and the time of removal, so as to inform owners of towed vehicles that their cars have not been stolen.
B. 
The Town of Riverhead further finds and determines that consumers are currently at risk of having their vehicles seized without substantive due process, notice or opportunity to retrieve their vehicles without the fear and panic of believing that their towed cars have been stolen, as evidenced by the growing number of incidents involving senior citizens and other innocent consumers who return to the upsetting scene of an apparent theft of their vehicles in a shopping center parking lot. Moreover, consumers are at risk of being overcharged by towing companies in these situations.
C. 
Therefore, the purpose of this article is to regulate the towing, seizure and associated fees in noncriminal law enforcement situations by private towing companies hired by private property owners with publicly accessed parking lot in order to protect consumers while respecting the rights of property owners.
A private property owner with a publicly accessed parking lot, who wishes to have a vehicle towed without the written consent of the owner of the vehicle, shall comply with the following requirements:
A. 
The parking lot shall have conspicuously posted, at each entrance, signs (at least four feet high with at least two-inch-high lettering), which shall contain the following information:
(1) 
A statement warning that illegally parked vehicles will be towed, together with any other lawful conditions imposed on use of the parking lot which could result in towing if violated.
(2) 
The hours during which this prohibition is applicable.
(3) 
The name and phone number of the towing company contracted by the owner of the parking lot.
(4) 
The property owner's name.
B. 
Upon entering into an agreement with a towing company, the property owner shall supply the towing company with a signed letter, a copy of which shall be filed with the Riverhead Town Clerk and the Riverhead Town Police Department, and shall contain the following:
(1) 
The name, address, and phone number of the owner.
(2) 
The address and description of the property.
(3) 
The name of the authorized tow company.
(4) 
The cost of the tow to be paid by the vehicle owner.
(5) 
The specific violations for which the tows/seizures are authorized.
(6) 
The specific days and hours during which towing is authorized.
(7) 
The location where the vehicles will be stored.
A tow company or tow truck operator shall comply with the following regulations when seizing or towing vehicles for privately owned, publicly accessed parking lots, without the written consent of the owner of the vehicle:
A. 
Tow companies shall enter into an agreement with the property owner prior to any towing of vehicles.
B. 
The seizure or tow of a vehicle is only authorized when the owner of the property or his or her representative is actually present and requests that a particular vehicle be seized or towed. The property owner's representative cannot be the tow company or tow truck operator unless the tow company or operator is the actual property owner.
C. 
The tow truck operator shall have a copy of the signed letter stated above in § 289-68B from the property owner in his or her possession.
D. 
The tow truck operator shall have a written seizure/tow authorization in his or her possession, to tow a specific vehicle, which shall be signed by the property owner or his representative prior to the seizure/tow. This authorization shall contain the following information:
(1) 
Date and time of the seizure/tow.
(2) 
Location of the seizure/tow.
(3) 
Reason for the seizure/tow.
(4) 
Cost of the seizure/tow to be paid by the vehicle owner.
(5) 
Location to which the vehicle is towed.
(6) 
Description of the vehicle (plate number, vehicle identification number, year, make, model, color and notation of any damage to the vehicle).
(7) 
Name and address of the tow truck operator.
(8) 
Tow company name, address and phone number.
E. 
Immediately after the tow truck operator seizes or tows a vehicle, he or she shall provide a copy of the seizure/tow authorization to the Riverhead Town Police Department.
A. 
Fees charged for the seizure/tow of a vehicle from privately owned, publicly accessed parking lots within the Town of Riverhead shall not exceed the fees established for municipal towing purposes, which is $375.
B. 
The only additional fee that may be assessed is for storage of the vehicle, which fee shall not exceed $20 per day. Storage fees shall not be charged for days on which the vehicle is not available for pickup from the pertinent tow operator or for days on which the pertinent tow operator is closed; and
C. 
Upon payment of all required charges for the release of a towed vehicle, the towing company shall provide the owner or authorized user of the vehicle with a receipt that reflects all payments made to the towing company.
D. 
No private property owner with publicly accessed parking lots shall receive or enter into any contract or other agreement to receive from a tow company, nor shall any tow company pay or enter into any contract or other agreement to pay to the private property owner, any share of the payments received for the towing or storage of a towed motor vehicle or any fee or amount dependent upon the number of towed motor vehicles removed from said private property owner's parking lot.
Any person who violates any provision of this article shall be guilty of a violation and be subject to a fine of not less than $500 nor more than $1,500 and/or a period of incarceration not to exceed 15 days.
A. 
This article shall not apply to the removal of abandoned motor vehicles that are deemed abandoned pursuant to § 1224 of the New York Vehicle and Traffic Law or covered by Part 3 of this chapter of the Riverhead Town Code.
B. 
This article shall not apply to motor vehicles towed and/or seized by, or on behalf of, any state, local or federal law enforcement authorities.
This article shall be deemed effective and apply to any actions occurring on or after March 1, 2024.