City of Cohoes, NY
Albany County
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Table of Contents
Table of Contents
[Adopted 1-8-1985 by Ord. No. 1-1985]
[Amended 3-11-1986 by Ord. No. 23-1986]
It shall be unlawful to permit any motor vehicle which is duly registered but has become inoperative to remain parked on a city street, parking lot or other public property for more than 72 hours after such vehicle has become inoperative.
A. 
A registered motor vehicle shall be deemed inoperative if mechanical or other motor vehicle parts necessary for the operation of the motor vehicle on a highway, city street or other public place are not properly installed in or on the motor vehicle. A registered motor vehicle that has been deemed inoperative is authorized to be towed by the city if the deemed inoperative motor vehicle owner has been given six hours' notification by the Police Department or a Code Enforcement Officer to move the motor vehicle, and the registered owner does not or refuses to move the motor vehicle.
[Amended 8-13-1996 by Ord. No. 45-1996]
B. 
A registered motor vehicle shall be presumed inoperative if the registered owner has not moved the motor vehicle from its same position on a city street, parking lot or other public property for more than 72 hours, and the city reasonably suspects the motor vehicle to be inoperative or determines said motor vehicle should be moved in the interest of public safety and welfare. A registered motor vehicle presumed inoperative is authorized to be towed by the city, if the presumed inoperative motor vehicle owner has been given 24 hours' notification by the Police Department or a Code Enforcement Officer to move the motor vehicle and the registered owner does not move the motor vehicle or refuses to move the motor vehicle.
[Amended 8-13-1996 by Ord. No. 45-1996]
It shall be the duty of the registered owner of the motor vehicle to remove the same from the public street, parking lot or other public property after due notification by the Police Department in the form of a notice to be prescribed that such vehicle should be removed from its position within 24 hours.
Such vehicle shall be removed to private property or to a commercial garage and shall not under any circumstances be moved to another position on a public street, parking lot or other public property.
In the event that a vehicle is not removed within 24 hours after notice, its removal by a towing service may be authorized by order of the Chief of Police, the Mayor, the Commissioner of Public Works, the Fire Chief or the Corporation Counsel.
When a vehicle is removed from a public street, parking lot or other public property under the provisions of this article, the owner of the vehicle will be responsible for all towing costs, and such cost will be a lien upon the vehicle.
When a motor vehicle or other vehicle is authorized to be towed away, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.
A. 
When the municipal Police Department does not know the identity of the registered owner or other legally entitled person, they will cause the state motor vehicle registration records to be searched for the purpose of obtaining the required ownership information.
B. 
The Police Department will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the Police Department will cause the information contained in the national crime information center (NCIC) files to be searched by the State Police. The information determined from these record searches will be used by the Police Department in sending a notification by certified mail or personal delivery to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made and setting forth public sale information.
C. 
When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration file of the state or from the registration files of a foreign state, if applicable, the Police Department shall notify the State Police for the purpose of identifying the vehicle's owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of the owner.
Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this section until all towing and storage charges have been paid.
A. 
Whenever an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle (of seven years of age or newer and exceeding $750 in value) remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after notice has been given as provided herein, the Police Department having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least 10 days prior to the sale on the premises where the vehicle has been impounded. At least 10 days prior to the sale, the Police Department shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.
B. 
In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the addressee having moved or being unknown at the address obtained from the registration records of this state, the sending of a second certified notice will not be required.
When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or unclaimed vehicle (of seven years of age or newer and exceeding $750 in value) cannot be determined by any means provided for in this article, the vehicle may be sold as provided herein or disposed of in the manner authorized by this article without notice to the registered owner or other person legally entitled to the possession of the vehicles.
When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided by this article, a report of the transaction will be retained by the Police Department for a period of one year from the date of the sale or disposal.
When a vehicle located within the corporate limits of the city is authorized to be towed away by the Chief of Police and disposed of as set forth in this article, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the municipal treasury.
Any police officer, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner or his legal representative or any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this article.
[Added 12-10-1996 by L.L. No. 4-1996]
Any person, firm, copartnership or corporation violating any provision of this article shall, upon conviction, be subject to a fine not more than $250 or imprisonment for not more than 15 days, or both.