This chapter shall be known and may be cited
as the "Abandoned and Unregistered Vehicles Law" of the Village of
Spring Valley.
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.
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.
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.
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.
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]
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.
[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.
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.
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.
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.
[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.
This chapter shall not have any applicability
to car rentals and new or used car sales, businesses or agencies.