City of Cohoes, NY Removal of Vehicles from Streets

For more than 48 hours after the parking of such vehicle shall have been become illegal, if left on a portion of a highway or public place on which parking is legally permitted.

For more than 96 hours on property of another if left without permission of the owner.

§ 263-6 Ownership of abandoned vehicles.

[Amended 8-13-1996 by Ord. No. 44-1996[1]]

If an abandoned vehicle, at the time of abandonment, is unregistered and/or 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 local authority having jurisdiction thereof, and title to the vehicle shall vest in accordance with applicable law and regulations of the Commissioner; provided, however, that a local authority shall not be required to obtain title to an abandoned vehicle that is subject to the provisions of this section 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.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 263-7 Inquiry of last owner; notification.

[Amended 8-13-1996 by Ord. No. 44-1996] Except for vehicles governed by § 263-6, the City of Cohoes, having custody of an abandoned vehicle, shall make an inquiry concerning the last owner of such vehicle as follows:

(1)

Abandoned vehicle with registration and/or number plates affixed: to the jurisdiction which issued such registration and/or number plates.

(2)

Abandoned vehicles unregistered or with no number plates affixed: to the Department of Motor Vehicles.

The City of Cohoes shall notify the last owner, if known, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after 10 days from the date such notice was given. If the agency described in Subsection A also notifies the City of Cohoes that a lien or mortgage exists, such notice shall also be sent to the lien-holder or mortgagee. The New York State Commissioner of Motor Vehicles shall prescribe the methods of giving notice. Any person claiming such vehicle shall be required to pay the costs of removing and storage of such vehicle.

Ownership of such abandoned vehicles, if unclaimed, shall vest in the City of Cohoes 10 days from the date such notice is given or, if the last owner cannot be ascertained, when notice of such fact is received.

§ 263-8 Custody of abandoned vehicles. [1]

The City of Cohoes shall be entitled to custody of an abandoned vehicle abandoned in the city, except that if a vehicle is abandoned on property of New York State Thruway Authority or property under the jurisdiction of the Office of Parks, Recreation and Historic Preservation, the Department of Transportation or a public authority or commission, such Authority, Office, department or commission shall be entitled to the custody of such vehicle. Notwithstanding any provision of this section to the contrary, the office of general services shall be entitled to the custody of any vehicle abandoned on state property subsequent to its sale by such office. The Commissioner may, by regulation, provide that a county may act as the agent for a local authority for the purpose of removing and disposing of abandoned vehicles.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 263-9 Public auction; destruction of vehicles.

The City of Cohoes shall determine if an abandoned vehicle is suitable for operation on the public highways. If so, the vehicle shall be sold at public auction to the highest bidder or converted pursuant to § 263-10 of this article.

If the City of Cohoes determines that an abandoned vehicle is not suitable for operation on the public highways, it shall remove and destroy the vehicle identification number plate and sell the vehicle to a vehicle dismantler or scrap processor registered or certified pursuant to § 415-a of the Vehicle and Traffic Law or to a vehicle dismantler or scrap processor who does not have a place of business in this state but who conforms to the laws and regulations of the state in which he has a place of business.

An abandoned vehicle without a vehicle identification number plate must be sold only to a vehicle dismantler or a scrap processor registered or certified pursuant to § 415-a of the Vehicle and Traffic Law or to a vehicle dismantler or scrap processor who does not have a place of business in this state but who conforms to the laws and regulations of the state in which he has a place of business. Nothing contained herein shall be construed as preventing the City of Cohoes from applying for a replacement vehicle identification number plate.

§ 263-10 Use of abandoned vehicles by city; disposition.

The City of Cohoes may convert to its own use those abandoned vehicles not affected by § 263-6 of this article 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; provided, however, that the total number of vehicles converted and/or transferred in any calendar year may not exceed 1% of the local authority's unclaimed abandoned vehicles not affected by § 263-6 of this article or two such vehicles, whichever is greater.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any proceeds from the sale of an abandoned vehicle less any expenses incurred by the City of Cohoes shall be held by the City of Cohoes 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 city.

§ 263-11 Penalties for offenses. [1]

No person shall cause any vehicle to be an abandoned vehicle. There shall be a rebuttable presumption that the owner of an abandoned vehicle caused such vehicle to be abandoned. A violation of this section shall be punishable by a fine of not more than $250.

For purposes of this section only, the term "owner" means any person, corporation, partnership, firm, agency, association, lessor or organization who at the time of the issuance of a notice of violation for a violation of this article:

(1)

Is the beneficial or equitable owner of the abandoned vehicle;

(2)

Has title to such vehicle;

(3)

Is the registrant or coregistrant of such vehicle registered with the Department of Motor Vehicles of this state or any other state, territory, district, province, nation or other jurisdiction;

(4)

Uses such vehicle in its renting and/or leasing business; or

(5)

Is an owner of such vehicle as defined by Subdivision (a) of § 2101 of the Vehicle and Traffic Law.[2]

[2]

Editor's Note: Former Section 8, dealing with authorized destruction, defacement and removal, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 263-12 Liability for costs of removal.

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

§ 263-13 Incorporation of state law.

The City of Cohoes incorporates herein all rules and regulations prescribed by the New York State Commissioner of Motor Vehicles under and pursuant to Vehicle and Traffic Law, § 1224.

§ 263-14 Liability for damages.

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.