Village of East Aurora, NY Article IX Removal and Storage of Vehicles

§ 249-30 Removal of vehicles.

[Amended 3-14-2006 by L.L. No. 1-2006]

In case of the violation of any of the parking or no parking provisions hereof, the police are hereby authorized to hire a tow car and cause any such vehicle parked in violation of the provisions hereof to be towed away to an impound area, as designated and authorized by the Police Department. Any such vehicle shall remain in the custody of the police until the towing charges are paid. In parking violations, the provisions of this section do no take the place of the provisions of § 249-35 hereof, but are in addition thereto.

§ 249-31 Parking on premises or property other than streets.

A. No person shall park, stand, store or leave a motor vehicle upon any public or privately owned premises or property, parking areas or parking lots without the consent and permission of the owner or lessee of such premises.

B. To effectuate the prohibition of parking on such premises as above described, a conspicuous sign or signs shall be posted at the entrances to such parking lots or parking areas informing the public as to the permitted conditions of parking thereof. A sign as hereinafter described shall be deemed substantial compliance with this section:

PARKING RESTRICTED	6 inches
EXCEPT FOR (list persons or conditions permitted) ONLY	4 inches
ALL OTHERS KEEP OUT	6 inches
UNDER PENALTY OF LAW § 249-31 OF THE CODE OF THE VILLAGE OF EAST AURORA	2 inches
POLICE ENFORCEMENT	2 inches

C. Such sign or signs shall be at least three feet high by four feet wide, with red lettering of a size not less than above indicated upon a white background. The words "police enforcement" and "under penalty of law" on such signs shall be construed, among other things, to mean a request by the owner or lessee that the police or special patrolmen shall enforce the provisions of this section against persons parking, standing, storing or leaving vehicles on such premises without the consent of the owner or lessee, and that the police are authorized to enter upon such premises to enforce the provisions of this chapter. Such sign or signs shall state the conditions of parking or the persons authorized by the owner or lessee to use said premises for parking, or both; and persons not included within such authorization or violating the regulations and conditions set out on said signs shall be deemed to be using said premises unlawfully without the authority and consent of the owner or lessee.

D. This section may be enforced by the police or special patrolmen in the same manner as elsewhere provided for in this chapter for the enforcement of traffic or parking ordinances, including the use of tags, summonses, towing and any other procedure authorized by law.

E. Proof of ownership of a vehicle shall be presumptive evidence in an action for enforcement of this section that the owner parked or caused his vehicle to be parked on such premises.

F. If such premises adjoin or abut upon a building or structure whose entrances or exits open upon such parking area, no vehicle shall be left parked, standing or placed in such manner to obstruct such entrances or exits, and a clear unobstructed passage shall be maintained and left open from such entrances or exits to the street or public right-of-way; such passageway shall be equal in width to the width of said entrances or exits in each instance, but in no case shall be less than five feet wide, and shall permit persons to enter and leave such building or structure with safety. A sign attached to such building or structure at the place of such entrances or exits shall inform users of such parking areas as to such restrictions, and failure to obey the regulations herein contained shall be deemed a violation of this section.

G. On demand of the police, any owner or lessee requesting police enforcement of this chapter shall furnish to the police a statement in writing, signed by him or his agent, to the effect that a specified vehicle was unlawfully parked, stored or left upon his premises at a certain time or during a certain period without his consent or permission, and such owner or lessee shall be available to testify to such facts in court at the request of the police. Failure of an owner or lessee to comply with the request of the police as set out shall be sufficient cause for the Chief of Police or his subordinates to cease the enforcement of this chapter at the premises of such owner or lessee who fails to give the cooperation required herein.

H. Where an owner of premises desires to prohibit completely parking thereon, he may notify the public to that effect by a conspicuous sign or signs placed on said premises stating in substance:

NO PARKING POLICE ENFORCEMENT UNDER PENALTY OF LAW § 249-31 OF THE CODE OF THE VILLAGE OF EAST AURORA

I. Such sign shall not be less than two feet in height by three feet in width, with red lettering not less than four inches high upon a white background. Any person who parks or leaves a vehicle on such posted premises shall be deemed to be in violation of this section.

J. Violations of this section shall be punishable as provided in § 249-35 of this chapter.