[Added 6-22-1998 by L.L. No. 9-1998]
A.
The Village Board of Trustees finds that significant
numbers of persons fail to respond to summonses issued for violations
of parking orders, rules, regulations, ordinances and local laws,
and that a significant number of such persons are persistent violators,
and that by reason of out-of-state registration of such vehicles,
transfer of ownership and reregistration of such vehicles and other
devices, violators frequently are able to evade existing enforcement
measures.
B.
By reason of the foregoing, the Village Board of Trustees
finds that the health, welfare and safety will be served by adoption
of a local law providing additional means of enforcing parking orders,
rules and regulations, ordinances and local laws in the case of vehicle
owners who fail to timely respond to summonses issued for parking
violations.
C.
The Village Board of Trustees does hereby enact this
article to accomplish the aforesaid purposes.
A.
The Chief of Police shall provide for the immobilization
of vehicles against which three or more parking summonses have been
issued for a violation of this chapter or of the New York State Vehicle
and Traffic Law and remain unpaid during any twelve-month period,
and such vehicle is parked illegally in violation of this chapter.
B.
Such vehicles may be immobilized and left where found,
secured by the use of a wheel lock or such other immobilization device
as may be designated by the Chief of Police.
C.
Such immobilization and any towing and storage charges
shall be at the sole expense of the owner of the vehicle.
When an immobilization device is used, the Police
Department or its agents shall attach to the vehicle, in such form
as may be directed by the Chief of Police, a notice containing the
following information (hereinafter referred to as the "notice"):
A.
The location and identifying characteristics of the
vehicle.
B.
The date and time of placement of the device and signature
of installer.
C.
Notice that further parking restrictions will be waived
during the immobilization period for a period of three days from the
date of immobilization.
D.
Notice that any person tampering with the device,
the notice or the vehicle will be subject to criminal prosecution
and liable for any loss to the Village.
E.
The steps which the owner must take to obtain the
release of the vehicle, including the right to a post-immobilization
hearing.
F.
Such other information, statements, notices and warnings
as the Chief of Police may, from time to time, determine to be appropriate.
No person shall attempt to or shall tamper with,
deface, remove or destroy an immobilization device or the notice or
move a vehicle immobilized as herein provided.
A.
If after three days any vehicle that has been immobilized has not been released to its owner, such vehicle shall be impounded by or under the direction of a member of the Police Department by towing or otherwise. Such vehicle shall be released to its owner in accordance with § 173-85.
B.
It shall be the duty of the Police Department within
24 hours of such towing or impoundment to ascertain to the extent
possible the owner of the vehicle and to notify such person of the
immobilization, removal and impoundment of such vehicle and of the
amount which will be required to redeem the same.
A.
Any vehicle immobilized or impounded as herein provided
shall be released to its owner upon cash payment of the expenses of
immobilization, as set forth in the Master Fee Schedule, as may be
amended, and upon payment of all impoundment charges, towing charges
and outstanding fines and penalties as they relate to such vehicle.
B.
In lieu of payment of the above described charges,
the owner of such vehicle can post a cash bond. The Desk Sergeant
on duty at the Pleasantville Police Station shall be authorized to
accept such cash bond on an amount determined by the Village Court
or Court Clerk, together with the expense of immobilization and/or
impoundment. In determining the amount of such security, consideration
shall be given to the likelihood of the vehicle owner appearing in
Village Court to answer outstanding summonses and the number of outstanding
summonses involved. The amount of such security shall not exceed the
total of the maximum fines permitted upon conviction of the offenses
charged in the outstanding summonses against the vehicle, plus the
expense of immobilization and/or impoundment. Security payments shall
be promptly transmitted to the Village Court.
A.
There is hereby established an Administrative Hearing
Board which shall consist of the Village Administrator, one Village
Board of Trustees member to be appointed by the Mayor, and the Mayor.
Upon the written request of a person whose vehicle has been impounded
or immobilized, the Administrative Hearing Board shall hear an appeal
from such charges. Such hearing will be held within 48 hours of such
request, and the owner shall be given an opportunity to be heard before
the Administrative Hearing Board.
B.
The Administrative Hearing Board shall decide on the
appeal whether or not such immobilization or impoundment was warranted.
A majority vote shall be binding. The Administrative Hearing Board's
determination shall not be determinative of or adjudicate any citation
issued relative to any impounded vehicle.
While a vehicle is immobilized as herein provided,
any parking restrictions of which such vehicle may be in violation
shall be suspended as they apply to such vehicle for a period of three
days from the date of immobilization.
Any person violating any of the provisions of
this article shall, upon conviction, be punishable by a fine not to
exceed $250 or by imprisonment for a term not to exceed 15 days, or
both.
