Village of Rockville Centre, NY Article XV Impoundment of Vehicles

[Adopted 6-20-1983 by L.L. No. 7-1983]

§ 309-51 Authority to impound or immobilize.

[Amended 4-7-1986 by L.L. No. 2-1986; 11-19-1990 by L.L. No. 8-1990]

A. In addition to any other penalties or fines imposed for the violation of this chapter, the provisions of this section shall apply to the following categories of vehicles:

(1) Vehicles operated or parked on any public street, on any public highway, on any portion of the entire width between the boundary lines of any way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or on any property leased by or in the possession and control of the Village of Rockville Centre, in violation of any provision of any local law, state law, rule or regulation or when such vehicle is on said street, highway or Village-controlled property during a public emergency.

(2) Vehicles which have three or more outstanding and unpaid parking violations issued against them and which, after mailing to the registered owner a final notice, are found operated or parked on any public street, on any public highway, on any portion of the entire width between the boundary lines of any way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or on any property leased by or in the possession and control of the Village of Rockville Centre.

B. Any such vehicle may be removed or caused to be removed by or under the direction of a member of the Police Department by towing or otherwise. In addition to or in lieu of towing, any such vehicle may be immobilized in such a manner as to prevent its operation, except that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. In any case involving immobilization of a vehicle pursuant to this subsection, such member of the Police Department shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that any attempt to move such vehicle might result in damage to such vehicle.

C. Within 24 hours after towing or immobilization, the Police Department shall notify the owner of such vehicle of the fact of its towing or immobilization, the place where it may be recovered and the conditions under which it will be released.

D. Release of vehicle.

(1) Before the owner or person in charge of any vehicle taken into custody or immobilized as above provided shall be allowed to repossess or to secure the release of said vehicle, the owner or his/her agent shall pay the following:

(a) All sums legally due for any Village of Rockville Centre parking violations issued and outstanding against such vehicle.

(b) To the Village of Rockville Centre, the cost of towing the vehicle and an impound administrative fee to be determined by resolution of the Mayor and Board of Trustees.

(c) To the towing service, the cost of storage for each day or portion of a day that such vehicle is so stored in excess of the first 24 hours.

(2) No such vehicle shall be released until the owner or his agent has established his identity and right to possession and has signed a proper receipt therefor.

E. Any person who, after having had his vehicle towed or immobilized, shall remove such vehicle without complying with Subsection D(1) and (2) shall, in addition to the charges provided for in said subsection, be liable for any damage done to the immobilization device or mechanism and be subject to a fine of not more than $250.

F. If an impounded vehicle has not been properly and lawfully released within 10 days after the Police Department notifies the owner of such vehicle of the impounding pursuant to Subsection C above, then such vehicle shall be deemed to be an abandoned motor vehicle.

(1) The Police Department shall make an inquiry concerning the last owner of such abandoned vehicle as follows:

(a) If the abandoned vehicle had number plates affixed to it, the inquiry shall be directed to the jurisdiction which issued such number plates.

(b) If the abandoned vehicle did not have number plates affixed to it, inquiry shall be directed to the Department of Motor Vehicles.

(2) The Police Department shall notify the last owner, if known, that the vehicle has been recovered as an abandoned vehicle and that, if it is not claimed, it will be sold at public auction, by bid, or the ownership of such vehicle may be transferred to the tow company in lieu of towing and storage charges after 10 days from the date of notice. If the agency notified as per Subsection F(1) above notifies the Police Department that a lien or other security interest exists, a notice will be promptly sent to the lienholder or party in interest. This notice shall be given in the manner presented by the Commissioner of Motor Vehicles. Any party claiming the abandoned vehicle shall be required to pay the amounts described in Subsection D(1) above.

(3) If the Police Department determines that an abandoned vehicle is not suitable for operation on the public highways, it shall sell the vehicle or cause the vehicle to be delivered to a vehicle dismantler or scrap processor who is registered or certified pursuant to Vehicle and Traffic Law § 415-a.

(4) If the abandoned vehicle is not released by the owner or lienholder in accordance with Subsection D above, the Village may:

(a) Sell the vehicle at auction and apply the proceeds as follows:

[1] To the towing service, the cost of storage for each day; then

[2] The costs of towing incurred by the Village of Rockville Centre; then

[3] All sums legally due the Village of Rockville Centre for parking violations issued and outstanding against such vehicle and the impound administrative fee; then

[4] The remainder to the owner and any known lienholder.

(b) Convert unclaimed vehicles to Village use.

[1] The Village may convert in any calendar year up to 1% of its unclaimed abandoned vehicles not affected by Subdivision 2 of § 1224 of the Vehicle and Traffic Law or two such vehicles, whichever is greater, to its own use.

[2] Any proceeds from the sale of an abandoned vehicle less expenses incurred by the Village shall be held by the Village, without interest, for the benefit of the owner of such vehicle for a period of one year. If not claimed within such one-year period, such proceeds shall be paid into the general fund of the Village.

G. The last owner of an abandoned vehicle shall be liable to the Village for the costs of removal and storage of such vehicle.