[Amended 11-26-1996 by L.L. No. 8-1996; 6-9-2009 by L.L. No. 3-2009]
Any person violating any provision of this chapter
shall be guilty of an offense against this chapter punishable by a
fine of $30 for the first offense, which shall be doubled to $60 if
not paid within 30 days, or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment. For second and third offenses,
the fine may be increased to $50 and $100, respectively.
A.
When any vehicle is parked or abandoned on any highway
or public parking lot within this Town during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway or public parking lot upon which said vehicle is parked or
abandoned, said vehicle may be removed by the Town of North Salem
Police Department.
B.
When any vehicle is found unattended on any highway
or public parking lot within the Town where said vehicle constitutes
an obstruction to traffic, said vehicle may be removed by the Town
of North Salem Police Department.
C.
When any vehicle is parked or abandoned on any highway
or public parking lot within this Town where stopping, standing or
parking is prohibited, said vehicle may be removed by the Town of
North Salem Police Department.
[Amended 3-13-2012 by L.L. No. 2-2012]
After removal of any vehicle as provided in
this section, the Chief of Police may cause such vehicle to be stored
in a suitable place at the expense of the owner. Such owner or person
in charge of the vehicle may redeem the same upon payment to the person
with whom stored of the amount of all expenses actually and necessarily
incurred in effecting such removal, such charges not to exceed $125
for removal and not to exceed $35 per day or fraction thereof for
storage. Additionally, such owner shall be required to execute a form
of general release in favor of the Town of North Salem prior to the
relinquishment of the vehicle to the owner.
The Town of North Salem Police Department shall
ascertain to the extent possible the owner of the vehicle or the person
having the same in charge and notify him of the removal and disposition
of such vehicle and of the amount which will be required to redeem
the same.
Because there are significant numbers of vehicle
owners who fail to respond to parking summonses issued for violations
of parking orders, rules, regulations, ordinances and local laws and
because a significant number of such owners are persistent violators
and that, by reason of out-of-state registration of such vehicles,
transfer of ownership and reregistration of such vehicles and other
devices, violators frequently are able to evade existing enforcement
measures, the Town finds that the health, welfare and safety will
be served by providing additional means of enforcing parking orders,
rules, regulations, ordinances and local laws in the case of vehicle
owners who fail to timely respond to summonses issued for parking
violations.
B.
In the event that there are outstanding parking summonses,
the owner shall furnish security for appearance in Town Court to answer
parking summonses outstanding against such vehicle and the expense
of towing and storage. The amount of such security shall not exceed
the total of the maximum fines permitted upon conviction of the offenses
charged in outstanding summonses against the vehicle owner plus the
expense of towing and storage.
C.
The Chief of Police or his designee shall be authorized
to establish a date for the vehicle owner's appearance in North Salem
Town Court to answer outstanding parking summonses, to determine the
amount of security required and to accept the same, together with
the expense of towing. In determining the amount of such security,
consideration shall be given to the likelihood of the vehicle owner
appearing in Town Court to answer outstanding summonses and the number
of outstanding summonses involved. Security payments shall be promptly
transmitted to the Town Court.
[Added 3-11-2014 by L.L. No. 1-2014; amended 4-22-2014 by L.L. No.
3-2014]
A.
The purpose of this policy is to assist the North Salem Police Department
in the immobilization of vehicles with a boot when there are outstanding
parking summonses.
B.
Police officers will call the North Salem Justice Court to confirm
that there are outstanding parking summonses before calling an authorized
tow agency for immobilization.
C.
A warning notice, advising of the boot procedure, may be completed
by the officer and placed on the driver's side window, but the giving
of such warning notice is entirely discretionary with the responding
officer.
D.
The officer shall attempt to call the registered owner after the
boot has been installed.
E.
Any vehicle left for 72 hours or longer with the boot attached will
be towed by the agency which installed the boot.
F.
Payment.
(1)
Before the installing agency is authorized to remove the boot,
the owner shall appear at the North Salem Justice Court and pay the
outstanding fines or post bail.
(2)
The Court will notify the authorized tow agency that the boot
may be removed. The cost to unlock the boot is $125.
(3)
If the vehicle is towed by the authorized tow agency after the
boot is installed on the vehicle, such charges shall not exceed $125
for towing and $35 per day or fraction thereof for storage.
G.
Additionally, such owner shall be required to execute a form of general
release in favor of the Town of North Salem prior to the relinquishment
of the vehicle to the owner.
