Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[Added 6-2-1998 by L.L. No. 11-1998[1]]
[1]
Editor's Note: This local law also repealed former Ch. 6, Removal and Storage of Vehicles.

§ TC-6-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
A motor vehicle shall be deemed to be an abandoned vehicle if left unattended:
[Amended 3-21-2000 by L.L. No. 3-2000; 3-9-2004 by L.L. No. 5-2004; 6-22-2010 by L.L. No. 6-2010]
A. 
Which does not display a valid license plate or valid registration stickers, properly issued and registered to the vehicle and properly affixed to the vehicle in compliance with the regulations of the state issuing the license plate and/or registration sticker; or
B. 
For more than 96 hours on land of another if left without permission of the landowner.

§ TC-6-2 Authority to impound vehicles.

A. 
When any vehicle constitutes an obstruction to traffic or is parked or abandoned on any street, highway or parking area within this Town during a snowstorm, flood, fire or other public emergency which affects that portion of the public street, highway or parking area upon which the vehicle is parked or abandoned, or is otherwise abandoned as defined in § 6-1 of this chapter, said vehicle may be removed by the Town.
[Amended 3-21-2000 by L.L. No. 3-2000]
B. 
Any motor vehicle which is parked, stored or present, on any street or highway within the Town of Babylon, which does not display valid license plates and/or valid registration stickers, properly issued and registered to the vehicle and properly affixed to the vehicle in compliance with the regulations of the state issuing the license plate and/or registration sticker, may be immediately removed by the Town of Babylon.
[Amended 3-9-2004 by L.L. No. 5-2004]
C. 
Any motor vehicle which is parked or stored, either wholly or partially, on any street or highway within the Town of Babylon, which displays a sign, writing or other indication that said vehicle is "For Sale" in violation of § 3-17B, may be immediately removed by the Town of Babylon.
[Added 3-25-2003 by L.L. No. 3-2003; amended 3-9-2004 by L.L. No. 5-2004]
D. 
Impounded vehicles shall be stored by the Department of Public Works. A vehicle may be redeemed by the owner only upon proof of ownership in a form satisfactory to the Town Attorney and upon the payment by cash, certified check, bank check, or money order of all applicable fees, such as but not limited to, towing, storage and such other costs as are incidental thereto, due at the time of redemption.
[Added 3-7-2006 by L.L. No. 9-2006; amended 6-20-2006 by L.L. No. 18-2006]
E. 
If any vehicle impounded under any provision of this Code or applicable state or local law is not redeemed within 10 days of the date of the notice pursuant to § 6-7 of this Code, ownership of said vehicle shall vest in the Town of Babylon pursuant to § 6-7D of this Code and the New York State Vehicle and Traffic Law.
[Added 6-20-2006 by L.L. No. 18-2006]
F. 
No person shall enter an area used as an impound facility owned, maintained and/or operated by the Town of Babylon, and no person shall remove or tamper with any vehicle stored thereat without the prior approval and/or consent of the Department of Public Safety or other authorized Town official. Any person who shall violate this provision shall be guilty of a Class A misdemeanor and, upon conviction thereof, a fine of not less than $1,500 nor more than $2,000 must be imposed and a term of imprisonment for a period not to exceed one year may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, shall be guilty of a Class A misdemeanor, and upon conviction, a fine of not less than $2,500 nor more than $5,000 must be imposed and a term of imprisonment for a period not to exceed one year may be imposed, or both; and, upon conviction for a third or subsequent offense, shall be guilty of a Class A misdemeanor and a fine of not less than $5,000 nor more than $10,000 must be imposed and a term of imprisonment for a period not to exceed one year, or both. Any fine imposed under this section shall be in addition to and distinct from the redemption fee, and the payment of a fine imposed by the court cannot be applied to or credited against the payment of said redemption fee, or vice versa.
[Added 6-20-2006 by L.L. No. 18-2006]
G. 
This chapter and its provisions shall be enforced by the Police Department of New York State or Suffolk County and/or by employees of the Town of Babylon responsible for enforcement of the ordinances and codes of the Town of Babylon.
[Added 6-20-2006 by L.L. No. 18-2006]
H. 
Any motor vehicle which is parked, stored or present on any street or highway within the Town, which was previously issued a parking summons from the Town of Babylon for a violation of the Town of Babylon Uniform Code of Traffic Ordinances, and the registered owner of said vehicle fails to respond, in writing, within 60 days after issuance, may be impounded by the Town.
[Added 9-15-2010 by L.L. No. 26-2010]

§ TC-6-3 Tow-away zones.

The locations described below are hereby designated as towaway zones, and when any vehicle is found unattended and unlawfully parked in such a zone, said vehicle may be removed by the Commissioner of the Department of Public Works or by the Suffolk County Police Department, or their respective designees:
A. 
Any public parking field owned or leased by the Town of Babylon.
B. 
All no-parking or restricted parking areas on the streets and highways in the Town.
C. 
Any lot or piece of land owned or leased by the Town of Babylon.

§ TC-6-4 Notice of removal.

The Commissioner of the Department of Public Works shall, without delay, report the removal and the disposition of any vehicle removed as provided in this chapter to the Suffolk County Police Department, and it shall be the duty of the the Suffolk County Police Department to ascertain, to the extent possible, the owner of the vehicle or person having custody of the same and notify him of the removal and disposition of such vehicle and of the amount which shall be required to redeem the same.

§ TC-6-5 Storage and charges.

[Amended 5-7-2002 by L.L. No. 8-2002; 3-25-2003 by L.L. No. 3-2003; 9-21-2004 by L.L. No. 26-2004; 6-20-2006 by L.L. No. 18-2006]
A. 
After removal of any vehicle as provided in this chapter or any other appropriate section of the Code of the Town of Babylon, the Commissioner of the Department of Public Works may store such vehicle 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 Parking Violations Bureau of all outstanding fines (by guilty plea or default) which remain unpaid at the time of the impound of the vehicle, as well as payment to the Town Clerk of the amount of all expenses actually and necessarily incurred in effecting such removal, according to the schedule below:
Type of Vehicle
Charge
Automobile
$150 plus $75 per day storage; $225 if vehicle is claimed on day of tow
4- to 6-wheel trucks
$200 plus $100 per day storage; $300 if vehicle is claimed on day of tow
6- to 8-wheel trucks
$300 plus $150 per day storage; $450 if vehicle is claimed on day of tow
8- to 16-wheel trucks
$400 plus $200 per day storage; $600 if vehicle is claimed on day of tow
Tractor or trailer (tractor-trailer)
$500 plus $225 per day storage; $725 if vehicle is claimed on day of tow
16-wheel and above or any trailer-trailer combo
$600 plus $250 per day storage; $850 if vehicle is claimed on day of tow
(1) 
Additional charges.
[Added 6-22-2010 by L.L. No. 6-2010]
(a) 
There shall be an additional charge of $150 for vehicles removed by the Town of Babylon on a holiday and/or weekend.
(b) 
There shall be an additional charge of $350 for vehicles which require rigging and/or extraordinary removal by the Town.
B. 
There is hereby created a General Town Revenue Line Item for the collection of fees resulting from the towing and/or storage of vehicles by the Department of Public Works.

§ TC-6-6 Refund of towing and storage amount paid.

Where a vehicle owner is found not guilty of the parking violation that resulted in the removal of the vehicle at a hearing before the hearing officer or where the parking violation is dismissed by the hearing officer, the Town Clerk shall, when authorized by Town Board resolution, refund the amount paid by the vehicle owner for the removal and storage of the vehicle.

§ TC-6-7 Notice of sale.

[Amended 5-7-2002 by L.L. No. 8-2002]
A. 
If a vehicle, at the time of impound, has no number plates affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $750 or less, ownership shall immediately vest in the Town of Babylon and title to the vehicle shall vest in accordance with applicable law; provided, however, that the Town of Babylon shall not be required to obtain title to an impounded vehicle that is subject to the provisions of this subsection if the vehicle will be sold or otherwise disposed of as junk or salvage, dismantled for use other than as a motor vehicle, or otherwise destroyed.
[Amended 6-20-2006 by L.L. No. 18-2006]
B. 
Except for vehicles governed by § 6-7A, the Town of Babylon shall make an inquiry concerning the last owner of such vehicle as follows:
[Amended 6-20-2006 by L.L. No. 18-2006]
(1) 
Impounded vehicle with number plates affixed: to the jurisdiction which issued such number plates.
(2) 
Impounded vehicle with no number plates affixed: the Department of Motor Vehicles.
C. 
The Town of Babylon shall notify the last owner, if known, that the vehicle in question has been impounded and that, if unclaimed, it will be sold at public auction or by bid after 10 days from the date such notice was given. If the agency described in § 6-7B also notifies the Town of Babylon that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee.
[Amended 6-20-2006 by L.L. No. 18-2006]
D. 
Ownership of such impounded vehicles, if unclaimed, shall vest in the Town of Babylon 10 days from the date such notice is given; or if the last owner cannot be ascertained, when notice of such fact is received.
[Amended 6-20-2006 by L.L. No. 18-2006]
E. 
Contents. Such notice of sale shall specify the date, time and place of sale and shall contain a general description of the vehicle or property to be sold.
F. 
Adjourned sale. Notice of an adjourned sale need not be mailed, published or posted if announced at the time and place initially fixed for the sale.

§ TC-6-8 Conduct of sale.

A sale conducted under the provisions of this chapter shall be held at the time and place specified in the notice of sale or on any adjourned date or time or place of which oral or written notice is given or announced at the time and place set for the sale.

§ TC-6-9 Disposition of proceeds of sale.

A. 
The proceeds of any sale conducted under the provisions of this chapter shall be transmitted by the Chief of Police to the chief fiscal officer of the Town, together with a statement identifying the property sold and the sum received for each article or lot of articles sold, together with a statement of the costs and expenses to be paid or incurred in the removal, storage and sale of such articles or lots of articles sold.
B. 
Such proceeds shall be deposited in a special trust account by the chief fiscal officer. The chief fiscal officer shall pay all such costs and expenses out of the proceeds of such sale.
C. 
In the event that no lawful owner or entitled claimant shall have claimed the remainder of the proceeds of sale, without interest, within six months after the date of sale, such remainder of proceeds shall be paid into the general fund of the Town and there shall be no further obligation to the owner or any other person on the part of the Town.
D. 
The lawful owner of the property sold or other claimant shall be entitled to receive such net remainder of the sale price only after he has furnished satisfactory proof of ownership or entitlement to the Town prior to transmission of the net sale proceeds to the said general fund. Any payment by the Town made for expenses of storage, sale, etc., or of any net remainder of moneys realized on such sale to an owner or person apparently entitled thereto shall be a good and absolute defense in favor of the Town and its officers and employees against any other person claiming ownership or entitlement to such payment.

§ TC-6-10 Conversion authorized.

The Town may convert in any calendar year up to 1% of its unclaimed abandoned vehicles with a wholesale value of $750 or less to its own use or may, by sale or gift, transfer title to any of such vehicles to any other municipal corporation for use by its law enforcement agency.