Village of Owego, NY Article VI Removal and Storage of Unattended Vehicles

§ 187-45 Removal of vehicles.

A. When any vehicle is parked or abandoned on any highway within this Village during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned, said vehicle may be removed by or at the direction of the Village of Owego Police Department after the Department has first made a reasonable attempt under the circumstances then existing to notify the owner.

B. When any vehicle is found unattended on any highway within this Village where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or at the direction of the Village of Owego Police Department.

C. When any vehicle is parked or abandoned on any highway within this Village where stopping, standing or parking is prohibited, said vehicle may be removed by or at the direction of the Village of Owego Police Department.

D. When any vehicle which has three or more outstanding and unpaid parking violations issued against it and which, after mailing to the registered owner a final notice, is found operated or parked on any public street, Village-of-Owego-owned parking lot, public highway, any portion of the entire width between the boundary lines of any thoroughfare publicly maintained for the purpose of vehicular travel, or any property leased by or in the possession and control of the Village of Owego, said 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. The final notice will be generated by the Village of Owego Justice Court and addressed to the registered owner of said vehicle via certified mail, return receipt requested, to the registered owner's last known address. The registered owner will be given 10 business days to respond to said final notice and to pay any outstanding fines. In addition to or in lieu of towing, any such vehicle may be immobilized in such 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. The Police Department shall notify the owner of such vehicle of the fact of its towing or immobilization pursuant to procedures established by the Police Department.

[Added 4-16-2007 by L.L. No. 3-2007]

E. Any person who, after having had his vehicle immobilized, shall remove such vehicle without complying with Village of Owego Code § 187-46A and B, shall, in addition to the charges provided for in said section, be liable for any damage done to the immobilization device or mechanism and be subject to a fine of not more than $100.

[Added 4-16-2007 by L.L. No. 3-2007]

§ 187-46 Storage of vehicles.

A. Before the owner or person in charge of any vehicle taken into custody or immobilized as above provided pursuant to Village of Owego Code § 187-45 shall be allowed to repossess or to secure the release of said vehicle, the owner or his/her agent shall pay the following:

[Amended 4-16-2007 by L.L. No. 3-2007]

(1) All sums legally due for the Village of Owego parking violation, if any, issued and outstanding against such vehicle;

(2) The cost of towing and storage of the vehicle; and

[Amended 5-20-2013 by L.L. No. 7-2013]

(3) A fee of $25, payable to the Village of Owego Justice Court.

[Amended 5-20-2013 by L.L. No. 7-2013]

B. 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 thereof.

[Amended 4-16-2007 by L.L. No. 3-2007]

C. No person may park or store any vehicle on private property in front of a principal residential structure unless it is parked in a driveway or area designated for that purpose.

[Added 5-6-2002 by L.L. No. 2-2002]

D. It shall be the duty of the Chief of Police to ascertain, to the extent possible, the owner of the vehicle or the person having the same in charge and to notify him, to the extent possible, of the removal and disposition of such vehicle and of the amount which is required to redeem same. Said Chief of Police shall also, without delay, report the removal and disposition of any vehicle removed as provided in this article to the Village of Owego Clerk.

[Added 4-16-2007 by L.L. No. 3-2007]