As used in this article, the following terms shall have the
meanings indicated:
As defined and set forth in § 1224 of the Vehicle
and Traffic Law of the State of New York.
Includes any alley, lane, highway or other way publicly maintained
for vehicular traffic.
No person shall abandon a vehicle or any part of a vehicle on
any street or public place within the City of Saratoga Springs. No
person shall store a vehicle or any part of a vehicle on any street
or public place within the City of Saratoga Springs. For purposes
of this article, a vehicle or part thereof shall be deemed stored
when it has been left unattended on any street or public place for
more than 96 hours. If any vehicle or part thereof is so found, it
may be removed by the Police Department.
Pursuant to the authority of § 1224 of the Vehicle
and Traffic Law, the City of Saratoga Springs is hereby authorized
to convert abandoned vehicles to its own use as provided in said § 1224
and to do any lawful and proper act necessary to carry out such authority.
No vehicle shall be parked, left unattended or abandoned on
any street within the City of Saratoga Springs where stopping, standing
or parking is prohibited. If any vehicle is so found, it may be removed
by the City Police Department.
No vehicle shall be parked, left unattended or abandoned on
any street within the City of Saratoga Springs during a snowstorm,
snow-removal operations, flood, fire or other public emergency in
such a manner that it creates a hazard or obstruction to traffic.
If any vehicle is so found, it may be removed by the City Police Department.
A.
All streets in the City of Saratoga Springs, except those streets
posted for alternate side parking, are hereby designated and declared
to be emergency snow routes for the purpose of this section. Whenever
the Commissioner of Public Works finds, on the basis of observation
or on the basis of weather service forecasts, that weather conditions
will make it necessary that motor vehicle traffic be expedited and
that parking on City streets be prohibited or restricted for snow
plowing and other purposes, he shall have the authority to put into
effect a parking prohibition on all emergency snow routes. The Commissioner
of Public Works shall publicly announce his declaration of a parking
prohibition in a reasonable manner whenever feasible. While such a
parking prohibition is in effect, no persons shall park or stand or
allow to remain parked or standing any vehicle on any portion of an
emergency snow route for any period of time in excess of 12 hours.
B.
All those streets posted for alternate side parking will be strictly
enforced as posted.
C.
The Commissioner of Public Works shall have the authority to post
streets, including those designated for alternate parking, to prohibit
parking, for snow removal purposes. Signs will be placed between 4:00
p.m. and 8:00 p.m. on the day prior to the commencement of the snow
removal. Snow removal will commence at approximately 4:00 a.m. the
day after the posting.
D.
All vehicles parked on City streets shall be moved within 12 hours
after the abatement of any snow storm which results in an accumulation
of three inches or more of snow or ice, whether or not a snow emergency
has been declared by the Commissioner of Public Works. The Department
of Public Works shall notify the Police Department when such twelve-hour
period has commenced.
E.
When any vehicle is parked upon any street in violation of any of
the provisions of this article and after the Police Department has
made a reasonable attempt to give notice to the owner or other person
in charge of said vehicle, said vehicle may be ticketed and removed,
without further notice, by any police officer.
F.
After removal of any vehicle as provided in this section, it shall
be the duty of the Police Department to ascertain to the extent possible
the owner of the vehicle or person having charge of same and notify
said person of the removal and disposition of such vehicle.
No vehicle shall be parked, left unattended or abandoned on
any street in the City of Saratoga Springs in such a manner as to
constitute a hazard or obstruction to traffic. If any vehicle is so
found, it may be removed by the City Police Department.
[Amended 11-16-2004; 11-18-2008]
A.
Any vehicles removed pursuant to this article may be stored by the
City Police Department or by such person or towing services as may
be engaged by the City by contractual agreement for such purpose.
The contract shall include a hold-harmless agreement, in a form satisfactory
to the City, by which the person or towing service shall indemnify
and save harmless the City and its agents and employees from and against
all claims, damages, loss and expense (including but not limited to
attorneys’ fees) arising out of or resulting from the contract
activity, sustained by any person or persons, provided that any such
claims, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of property
caused by the tortuous act or negligent act or omission of the person
or towing service, or by the person’s or towing service’s
employees, agents or subcontractors. Any such vehicle shall be stored
in a suitable place at the expense of the owner or operator. Such
owner or operator may redeem the vehicle upon proof of expenses and
storage fees incurred. Such expenses and fees shall not exceed any
maximum amount or amounts established pursuant to contract between
the City and the persons or towing services so authorized, except
that the City shall have authority to establish a surcharge, payable
to the City, for each vehicle towed by an authorized towing service.
[Amended 4-4-2017]
B.
Said contract shall name the City as an additional insured on a primary
and noncontributory basis in an amount or amounts as may be established
from time to time by resolution of the City Council. The required
insurance shall be provided by insurance carriers licensed and admitted
to do business in the State of New York and must be rated “A-:
VII” or better by A.M. Best (Current Rate Guide).
[Amended 4-4-2017]
D.
For purposes of this section, the Commissioner of Public Safety shall
have the authority to establish a rotation list or other fair and
equitable selection method to establish the order of calling authorized
persons or towing services to the scene of traffic accidents or for
the removal of illegally parked or abandoned vehicles. The Commissioner
of Public Safety shall also have the authority to establish standards,
rules and regulations, in the interest of the public health, safety
and welfare, for persons or towing services who participate in such
rotation list or other selection method.
This article shall not apply to any authorized emergency vehicle.