Village of Spring Valley, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Spring Valley 9-20-2003 by L.L. No. 5-2003.
Editor's Note: This local law also repealed former Ch. 244, Vehicles, Abandoned, adopted 8-11-1987 by L.L. No. 12-1987, as amended.
Amendments noted where applicable.]
GENERAL REFERENCES

Property maintenance — See Ch. 192.

Vehicles and traffic — See Ch. 249.

§ 244-1
Title. 

§ 244-2
Legislative intent. 

§ 244-3
Findings. 

§ 244-4
Determination of lack of registration. 

§ 244-5
Determination of abandonment; disposition; penalties. 

§ 244-6
Title to low-value abandoned or unregistered vehicles. 

§ 244-7
Establishment of ownership. 

§ 244-8
Title to abandoned or unregistered vehicles on state land. 

§ 244-9
Disposition of abandoned or unregistered vehicles not suitable for operation on public roadways. 

§ 244-10
Proceeds of sale of abandoned or unregistered vehicles. 

§ 244-11
Fine for causing vehicle to be abandoned or unregistered. 

§ 244-12
Prohibition to remove abandoned or unregistered vehicles. 

§ 244-13
Liability for costs of removal of abandoned or unregistered vehicles. 

§ 244-14
Removal of vehicles obstructing traffic. 

§ 244-15
Removing of vehicles in fire lanes or during public emergency. 

§ 244-16
Storage out of doors prohibited. 

§ 244-17
Impoundment and storage; fees and charges. 

§ 244-18
Impoundment with consent; disposal. 

§ 244-19
Penalties for offenses. 

§ 244-20
Applicability. 

§ 244-1 Title.

This chapter shall be known and may be cited as the "Abandoned and Unregistered Vehicles Law" of the Village of Spring Valley.

§ 244-2 Legislative intent.

The attention of the Board of Trustees of the Village of Spring Valley has been directed to the unwanted presence in the Village of unregistered and/or abandoned vehicles. The presence of those vehicles, many of which are illegally parked, are often in poor condition and are frequently vandalized, are unsightly and are a source of concern to the residents who live in the areas where those vehicles are located. It is, therefore, the intent of the Village Board, by enactment of this chapter, to minimize and, to the extent possible, prevent the presence in the Village of unregistered and/or abandoned vehicles thereby promoting the health, safety and general welfare of the public.

§ 244-3 Findings.

A. 

It is hereby determined and declared that the placing, abandoning, leaving, keeping or out-of-doors storage of any motor vehicle which is not registered for the current year or a vehicle which is not currently in use for transportation or any other unused machinery or equipment on public or private lands in the Village of Spring Valley is contrary and inimical to the public welfare in that such articles, so placed, abandoned, unregistered, left, kept, or stored, attract or may attract persons of tender years who, being so attracted, may play in and about them and be injured in so doing, and in that such articles so placed, abandoned, unregistered, left, kept or stored out of doors, exposed to the elements, deteriorate, and in themselves are unsightly and, deteriorating, become more unsightly, and are detrimental to and depreciate the value of properties in the neighborhoods where they are located and in the Village as a whole.

B. 

It is further determined that the placing or parking of any motor vehicles in areas of the Village designated as fire lanes, or in other areas of the Village where the placing of such vehicles is prohibited by law or by regulation of the Police Department, is contrary and inimical to the public welfare in that such vehicles so placed or parked create conditions which are dangerous to life and to the welfare of the Village and of the community as a whole.

C. 

It is hereby further found and declared that the placing, abandoning, leaving, keeping or storage out of doors of any articles mentioned hereinabove, except as permitted herein, is a violation of this chapter and shall be punished by the penalties set forth hereinafter.

§ 244-4 Determination of lack of registration.

A motor vehicle shall be deemed to be unregistered if it does not contain valid license plates as required by the Vehicle and Traffic Law of the State of New York or an equivalent law of any other state or does not display a sticker, tag or other indicia of current registration in its front window which coincides with the displayed license plates.

§ 244-5 Determination of abandonment; disposition; penalties.

A motor vehicle shall be deemed to be an abandoned vehicle if left unattended:

A. 

With no number plates affixed thereto for more than six hours on any highway, street or other public place.

B. 

For more than 24 hours on any highway, street or other public place, except a portion of a highway, street or public place on which parking is legally permitted.

C. 

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

D. 

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

§ 244-6 Title to low-value abandoned or unregistered vehicles.

If an abandoned or unregistered vehicle is, at the time it is deemed abandoned, to have no license plate affixed or the licensed plate affixed does not correspond to the registration and the wholesale value of the vehicle, taking into consideration its condition, is $1,250 or less, title shall immediately vest in the Village of Spring Valley.

§ 244-7 Establishment of ownership.

A. 

Except as governed by § 244-6 above, the Village of Spring Valley, having custody of an abandoned or unregistered vehicle, shall make inquiry concerning the last owner of such vehicle as follows:

(1) 

Abandoned or unregistered vehicles with valid number plates affixed; to the jurisdiction which issued the number plates.

(2) 

Abandoned or unregistered vehicles with invalid or no number plates affixed; to the New York State Department of Motor Vehicles.

B. 

The Village of Spring Valley shall notify the last owner, if known, that the vehicle in question has been recovered as an abandoned or unregistered vehicle and that 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 Subsection A(1) above also notifies the Village of Spring Valley that a lien or mortgage exists, notice shall be given to the lienholder or mortgagee.

C. 

Notice shall be given in accordance with the regulations promulgated by the Commissioner of Motor Vehicles. Any person claiming such vehicle shall be required to pay the costs of removal and storage of the vehicle.

D. 

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

§ 244-8 Title to abandoned or unregistered vehicles on state land.

A. 

The Village of Spring Valley shall be entitled to custody of abandoned or unregistered vehicles in the Village unless such vehicles are found on property of:

(1) 

The New York State Thruway Authority;

(2) 

Property under the jurisdiction of the Office of Parks and Recreation and Historic Preservation;

(3) 

The Department of Transportation; or

(4) 

A public authority or commission.

B. 

Vehicles found on such properties belong to the respective authority, office, department or commission.

§ 244-9 Disposition of abandoned or unregistered vehicles not suitable for operation on public roadways.

The Village of Spring Valley shall determine if an abandoned or unregistered vehicle is suitable for operation on the public roadways. If so, the vehicle should be sold at public auction to the highest bidder or converted pursuant to § 244-10.

A. 

If the Village determines that an abandoned or unregistered vehicle is not suitable for operation on the public roadways, 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 the Vehicle and Traffic Law of the State of New York or to a vehicle dismantler or scrap processor who does not have a place of business within the state but who conforms to the laws and regulations of the state in which he/she has a place of business.

B. 

An abandoned or unregistered vehicle without a vehicle identification number plate must be sold only to a vehicle dismantler or scrap processor registered or certified pursuant to the Vehicle and Traffic Law of the State of New York or to a vehicle dismantler or scrap processor who does not have a place of business within the state, but who conforms to the laws and regulations of the state in which he/she has a place of business. Nothing contained herein shall prevent the Village of Spring Valley from applying for a replacement vehicle identification number plate.

[Amended 10-11-2006 by L.L. No. 6-2006]

§ 244-10 Proceeds of sale of abandoned or unregistered vehicles.

The Village of Spring Valley may convert in any calendar year up to 1% of its unclaimed abandoned or unregistered vehicles not affected by § 244-4 of this chapter or two such vehicles, whichever is greater, to its own use. Any proceeds from the sale of an abandoned or unregistered vehicle less any expenses incurred by the Village shall be held by the Village for a period of five years. If not claimed within such five-year period, such proceeds shall be paid into the general fund of the Village of Spring Valley.

§ 244-11 Fine for causing vehicle to be abandoned or unregistered.

[Amended 10-11-2006 by L.L. No. 6-2006]

No person shall cause a vehicle to be abandoned or unregistered. A violation of this section shall be punishable by a fine of not less than $100 nor more than $250 for a first violation; not less than $250 nor more than $500 for a second violation and not less than $500 nor more than $1,000 for each additional violation. The second or additional violations refer to the violator not to the vehicles abandoned or unregistered. If any fine imposed hereunder is unpaid for more than 30 days, the court shall revoke the driver’s license of the individual who caused the vehicle to be abandoned or unregistered and direct that a copy of the judgement of conviction be mailed by the Clerk to the Commissioner of Motor Vehicles.

§ 244-12 Prohibition to remove abandoned or unregistered vehicles.

No person other than one authorized by the Village of Spring Valley shall destroy, deface or remove any vehicle or part thereof which is left untended on a highway or other public place without number plates affixed or which is abandoned or unregistered. A violation of this section shall be a Class A misdemeanor.

§ 244-13 Liability for costs of removal of abandoned or unregistered vehicles.

The last owner of an abandoned or unregistered vehicle shall be liable to the Village of Spring Valley for the costs of removal, storage or other charges attributable thereto, including all fines and penalties due for illegal parking of said vehicle.

§ 244-14 Removal of vehicles obstructing traffic.

A. 

When any vehicle found parked, left unattended, abandoned or unregistered on any public roadway or public parking lot within the Village constitutes an obstruction to traffic or a danger to pedestrians or where stopping, standing or parking is prohibited, said vehicle may be removed by the Village Police, Code Enforcement Officer or Parking Enforcement Officer.

B. 

The last owner of said vehicle shall be liable to the Village of Spring Valley for the costs of removal, storage or other charges attributable thereto, including all fines and penalties due for illegal parking of said vehicle,

§ 244-15 Removing of vehicles in fire lanes or during public emergency.

A. 

When any vehicle is found parked, left unattended, abandoned or unregistered on any public roadway, public parking lot or parking lot servicing any commercial or residential establishment within the Village during a snowstorm, flood, fire or other public emergency affecting that portion of any public roadway, public parking lot or parking lot servicing any commercial or residential establishment upon which that vehicle is parked, abandoned or unregistered, or when any vehicle is parked, left unattended, abandoned or unregistered within the designated fire lanes on any public roadway, public parking lot or parking lot servicing and commercial or residential establishment within the Village, said vehicle may be removed by the Village Police, Code Enforcement Officer or Parking Enforcement Officer.

B. 

The last owner of said vehicle shall be liable to the Village of Spring Valley for the costs of removal, storage or other charges attributable thereto, including all fines and penalties due for illegal parking of said vehicle.

§ 244-16 Storage out of doors prohibited.

A. 

No person shall place, abandon, leave, keep, store or suffer or permit the placing, abandoning, leaving, keeping or storing of any motor vehicle out of doors which is not currently in use for transportation or which is not currently registered upon any public land in the Village or between the right-of-way side lines of any public thoroughfare therein.

B. 

No person shall place, abandon, leave, keep, store or suffer or permit the placing, abandonment, leaving, keeping or storing of more than one unregistered motor vehicle on private land in the Village.

C. 

If the vehicle which is placed, left, kept or stored on private property is determined by a Parking Enforcement Officer, Code Enforcement Officer or Code Inspector of the Village of Spring Valley to be dangerous to the safety and health of the public because of its condition, and if said vehicle is placed, left, kept or stored on the property of a multiple dwelling, the Parking Enforcement Officer. Code Enforcement Officer or Code Inspector shall give notice to remove said vehicle to the record property owner by certified mail, return receipt requested, or by posting in a conspicuous place on said property.

D. 

If said property is a private residence rather than a multiple residence and the owner is not a tenant at said private residence, then notice to remove shall be given to the property owner or tenant by certified mail, return receipt requested, or by posting in a conspicuous place on said property.

E. 

If a vehicle covered by this section of the Code is not removed within five days, the Parking Enforcement Officer or Code Inspector of the Village of Spring Valley is authorized to have said vehicle removed. It shall be presumed that the vehicle is on said property in violation of this chapter. Violation of this section shall result in a fine of not less than $100 nor more than $250 for a first violation: not less than $250 nor more than $500 for a second violation and not less than $500 nor more than $1,000 for each additional violation. The second or additional violations refer to the violator not to the vehicles. Such fines shall be in addition to payment for towing and storage charges.

[Amended 10-11-2006 by L.L. No. 6-2006]

F. 

Nothing contained herein shall be deemed to prohibit the placing, leaving, keeping or storing of any such vehicle in an enclosed garage or other building.

§ 244-17 Impoundment and storage; fees and charges.

A. 

A Parking Enforcement Officer, Code Enforcement Officer or Code Inspector of the Village of Spring Valley is hereby authorized to remove or have removed by towing or otherwise any vehicle left, kept or stored at any place within the Village in violation of any of the sections of this chapter or which otherwise appears to be lost, stolen or unclaimed. Such vehicle shall be impounded by the Village at such place as may be, from time to time, authorized by the Board of Trustees.

B. 

Vehicles so removed may be reclaimed and shall be subject to a towing charge, plus a storage charge of $10 a day. If a vehicle is not claimed within 30 days from the date it was impounded, the Village shall dispose of the vehicle impounded in accordance with this chapter and shall deposit any funds received to the general fund of the Village, subject only to the requirements of the Vehicle and Traffic Law of the state and regulations issued pursuant thereto.

C. 

If a vehicle is removed from private property within the Village, the Parking Enforcement Officer, Code Enforcement Officer or Code Inspector of the Village of Spring Valley shall, within 10 days after impoundment, send a notice by certified mail, return receipt requested, to the owner of the land, at the last address shown on the assessment roll of the Village, advising that the vehicle has been impounded and must be reclaimed within 30 days. In the event that the vehicle is not so reclaimed, then the towing charge and any storage charge shall be added to the following year's tax assessment upon such land, and the vehicle shall be disposed of in accordance with applicable state and local law and in the manner set forth in this chapter.

§ 244-18 Impoundment with consent; disposal.

Abandoned or unregistered vehicles impounded by the Village with the consent of the owner of the land upon which the vehicle has been abandoned may be disposed of by the Village, subject to state law, immediately upon impounding, upon direction of the impounding official, and any funds received as a result thereof shall be deposited to the general fund of the Village as permitted by state law.

§ 244-19 Penalties for offenses.

[Amended 10-11-2006 by L.L. No. 6-2006]

Except where the amount of a fine is otherwise specified in various sections of this chapter, any person, firm or corporation found guilty of a violation of this chapter may be fined, in addition to the charges for impoundment, towing and storage of the vehicle, not less than $100 nor more than $250 for a first violation: not less than $250 nor more than $500 for a second violation and not less than $500 nor more than $5,000 for each additional violation and/or imprisonment for a period not to exceed 15 days, or both.

§ 244-20 Applicability.

This chapter shall not have any applicability to car rentals and new or used car sales, businesses or agencies.