[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 6-18-1984
by L.L. No. 1-1984. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Removal of a motor vehicle to a storage facility, either by a police
officer of the Village of Haverstraw or by a contractor for towing and storage,
in response to a request from a police officer of the Village of Haverstraw.
[Amended 8-11-1997 by L.L. No. 4-1997]
It shall be unlawful to park a motor vehicle in any designated municipal
parking lot between the hours of 2:00 a.m. and 6:00 a.m., unless there is
displayed on the rear left window a parking permit issued by the Village Clerk.
[Amended 8-11-1997 by L.L. No. 4-1997]
Applications for parking permits shall be made to the Village Clerk's
office. Rules and regulations, including parking permit fees for parking in
village lots, as set forth in the village schedule of fees, shall be established
by the Board of Trustees.[1]
Permits issued hereunder for any particular lot may be used by any passenger
motor vehicle in that lot.
It shall be unlawful to park a motor vehicle at any of the lots enumerated in § 231-2 unless the vehicle is parked in the area designated for parking.
Any motor vehicle parked in violation of § 231-5 of this chapter may be impounded, with or without the issuance of a summons for unlawful parking, in accordance with the procedures set forth herein.
A vehicle which a police officer has probable cause to believe is abandoned
may be impounded if the vehicle is not moved within five days after a notice
is mailed to the registered owner, or to any other person who claims a right
of possession of the vehicle.
A vehicle in violation of this chapter may be impounded without giving
prior notice to its owner only under the following circumstances:
A.
When the motor vehicle poses an immediate danger to the
public safety;
B.
When a police officer has probable cause to believe that
the vehicle is stolen;
C.
When a police officer has probable cause to believe the
vehicle is abandoned and, after due diligence, is unable to identify or locate
its owner; or
A.
Not more than 48 hours after impoundment of a motor vehicle,
the Police Department shall mail a notice to the registered owner of the vehicle
and to any other person who claims the right of possession of the vehicle.
The notice shall be mailed to the registered owner at the address provided
by the New York State Department of Motor Vehicles or the corresponding agency
of any other state. If a police officer who has knowledge of the impoundment
has reason to believe that an owner is residing at some different address
which is known to the officer, a copy of the notice shall also be mailed to
such owner in a manner designated, as nearly as practicable, to give actual
notice. The notice shall contain particulars of the impoundment, redemption
and opportunity to contest the propriety of the impoundment as hereinafter
provided.
Vehicles impounded by the village shall be redeemed only under the following
circumstances:
A.
Only the registered owner, a person authorized by the
registered owner or one who has purchased a vehicle from the registered owner
who produces proof of ownership or authorization and signs a receipt therefor
may redeem an impounded vehicle.
B.
Any person so redeeming a vehicle impounded by the village shall pay to the towing contractor, who shall be licensed by the County of Rockland, the costs of impoundment (towing and storage) prior to redeeming such vehicle, except as provided for by § 231-13. Such costs shall not exceed those permitted by the County of Rockland for towing such vehicle and storage charges per day or fraction thereof.
As to any vehicle impounded pursuant to this chapter by or at the request of the Village of Haverstraw, its agents or employees, a person who has a legal entitlement to possession of the vehicle has a right to a post-seizure administrative hearing to determine whether there was probable cause to impound the vehicle if such person files a written demand with the Village of Haverstraw within 10 days after such person has learned that such vehicle has been impounded or within 10 days after the mailing of the date set in the notice specified in § 231-9, whichever occurs first.
A hearing shall be conducted before a hearing officer designated by
the Mayor within 48 hours of receipt of a written demand therefor from the
person seeking the hearing unless such person waives the right to a speedy
hearing. Saturdays, Sundays and village holidays are to be excluded from the
calculation of the forty-eight-hour period. The hearing officer shall be someone
other than the person who directed the impounding and storage of the vehicle.
The sole issue before the hearing officer shall be whether there was probable
cause to impound the vehicle in question. "Probable cause to impound" shall
mean such a state of facts as would lead a person of ordinary care and prudence
to believe that there was violation of this chapter. The hearing officer shall
conduct the hearing in an informal manner and shall not be bound by technical
rules of evidence. The person demanding the hearing shall carry the burden
of establishing that such person has the right to possession of the vehicle.
The Police Department shall carry the burden of establishing that there was
probable cause to impound the vehicle in question. At the conclusion of the
hearing, the hearing officer shall prepare a written decision. A copy of such
decision shall be provided to the person demanding the hearing and the registered
owner of the vehicle (if not the person requesting the hearing). The hearing
officer's decision in no way affects any criminal proceeding in connection
with the impound in question, and any criminal charges involved in such proceeding
may only be challenged in the appropriate court. The decision of the hearing
officer is final. Failure of the registered or legal owner, or their agent,
to request or attend a scheduled post-seizure hearing shall be deemed a waiver
of the right to such hearing.
The hearing officer shall only determine, as to the vehicle in issue,
either that there was probable cause to impound the vehicle or that there
was no such probable cause. In the event that the hearing officer determines
that there was no probable cause, the hearing officer shall prepare and date
a certificate of no probable cause, copies of which shall be given to the
possessor of the vehicle and the Police Department. Upon receipt of the possessor's
copy of such certificate, the garage having custody of the vehicle shall release
the vehicle to its possessor. Upon a finding of no probable cause, towing
and storage fees shall be paid by the Village of Haverstraw. If the possessor
fails to present such certificate to the garage having custody of the vehicle
within 24 hours of its receipt, excluding such days when the garage is not
open for business, the possessor shall assume liability for all subsequent
storage charges. Such certificate shall advise the possessor of such requirement.
The Police Department shall keep and make available for public inspection
a record of all vehicles impounded by it under the provisions of this chapter.
The record shall include at least the following information:
A.
The manufacturer's trade name or make.
B.
The vehicle license number and state of registration.
C.
The vehicle identification number.
D.
Such other descriptive information as the Chief of Police
deems useful for purposes of vehicle identification.
E.
The basis for impoundment, including reference of the
appropriate section or sections of this chapter.
F.
Disposition of the vehicle and the date of disposition.
Any person who violates the provisions of this chapter shall be guilty
of unlawful parking and, upon conviction thereof, shall be punished by a fine
of $10, in addition to costs of towing and storage which might be imposed
by the provisions of this chapter.
Police officers and meter persons of the Village of Haverstraw are authorized to issue tickets for violation of this chapter and for violation of any parking regulations set forth in the Code of the Village of Haverstraw, a chapter, ordinance, Mayor's promulgation, Board of Trustees' resolution or the New York State Vehicle and Traffic Law, if such violation occurs in any of the parking lots specified in § 231-2 of this chapter and, in the case of the meter persons, on any of the streets or other public places in the Village of Haverstraw.
