City of Albany, NY Article X Towing, Storage and Immobilization of Vehicles

§ 359-92 Authorization; methods; responsibility for expenses.

A. The Chief of Police shall have the power and authority to provide for the removal, immobilization and storage of vehicles parked in violation of any statute, ordinance, rule or regulation and of vehicles on which there are outstanding traffic warrants or fines for parking violations.

B. Such vehicles may be removed, immobilized and stored by or under the direction of a member of the Department of Police by means of towing or other means of removal, securing by use of a wheel lock or other immobilization device and storage at a public or private impound lot as designated by the Chief of Police.

C. Such removal, immobilization and storage shall be at the expense and risk of the owner of the vehicle.

D. No vehicle shall be removed, immobilized or stored by or under the direction of a member of the Department of Police for outstanding traffic warrants or fines for parking violations, unless such vehicle has accumulated over $200 in outstanding traffic warrants or fines for parking violations.

[Added 5-15-2006 by Ord. No. 52.42.06]

§ 359-93 Notice and warning to owner.

When an immobilization device is used, the Police Department or its agents shall attach to the vehicle, in such form as directed by the Chief, a notice containing the following information:

A. The location and identifying characteristics of the vehicle.

B. Date and time of placement of the device and signature of the installer.

C. Notice that further parking restrictions will be waived during the immobilization period.

D. Notice that any person tampering with the device or the vehicle will be subject to prosecution and liable for any loss to the City.

E. The steps which the owner must take to obtain release of the vehicle.

F. Such other information, statements, notices and warnings as the Chief of Police shall from time to time determine.

§ 359-94 Tampering or attempted removal of immobilized vehicles.

Any attempt by any person to tamper with, deface, remove or destroy an immobilization device or to move by any means a vehicle towed or secured as herein provided may result in the prosecution of such person for any offense separate from and in addition to the parking violations; in addition, such person shall be liable for any loss suffered by the City due to any such attempt.

§ 359-95 Release of vehicle to owner; suspension of restrictions.

[Amended 2-18-1993; 11-25-2002 by Ord. No. 42.112.02]

A. Any vehicle removed, immobilized or stored as herein provided shall be promptly released to its owner upon the payment of outstanding parking fines, the satisfaction of outstanding traffic warrants and the administrative costs authorized herein.

B. While a vehicle is immobilized as herein provided, parking restrictions to which such vehicle may be subject shall be suspended during such immobilization period.

C. An administrative surcharge of $40 is hereby imposed to offset the costs of maintenance, placement and removal of the immobilization device; said surcharge to be paid prior to the release of an immobilized vehicle set forth in Subsection A.

§ 359-96 Severability.

If any provision of this article or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the article and of the application of such article to other persons and circumstances shall not be affected thereby.

§ 359-97 Repealer.

This article shall supersede any and all the provisions of ordinances, rules or regulations previously enacted or promulgated which are inconsistent with the provisions of this article.

§ 359-98 Effective date.

This article shall take effect May 15, 1981.