A. 
When any vehicle is parked or abandoned on any highway or public parking lot within this City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or parking lot upon which said vehicle is parked or abandoned, said vehicle may be removed by or under the direction of the Glen Cove Police Department.
B. 
When any vehicle is found unattended on any highway or public parking lot within the City where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or under the direction of the Glen Cove Police Department.
C. 
When any vehicle is parked or abandoned on any highway within this City in such a manner that it obstructs a private or public driveway, said vehicle may be removed by the Glen Cove Police Department.
D. 
When any motor vehicle is operated on any highway within this City in the presence of a police officer by a person less than 16 years of age, said vehicle may be removed by the Glen Cove Police Department.
E. 
When any motor vehicle is being operated on any highway within this City in violation of § 509, Subdivision 1, 2 or 3 or in violation of § 511, Subdivision 1, of the Vehicle and Traffic Law, said vehicle may be removed by the Glen Cove Police Department.
F. 
When any motor vehicle is being operated on any highway within this City in violation of § 319, Subdivision 1, § 401, Subdivision 1, or § 512 of the Vehicle and Traffic Law, said vehicle may be removed by the Glen Cove Police Department.
G. 
When the operator of a motor vehicle being operated in this City is arrested for a crime, and no one is present to secure said motor vehicle,, said vehicle may be removed by the Glen Cove Police Department for safekeeping.
H. 
When any motor vehicle is parked or abandoned on any highway within this City where stopping, standing or parking is prohibited, said vehicle may be removed by the Glen Cove Police Department.
After removal of any vehicle as provided in this article, the City may store or cause such vehicle to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the person with whom stored of the amount of all expenses actually and necessarily incurred in effecting such removal and storage.
[Amended 7-27-2021]
A. 
Upon seizure of a vehicle as provided in this article, the City shall, as soon practicable, ascertain the identity of the parties with property interests in the seized vehicle (the "interested parties"). The interested parties to be ascertained shall include the following four categories of persons (to the extent they exist for a given vehicle):
(1) 
The person in possession at the time of seizure;
(2) 
The registrant of the vehicle;
(3) 
The titled owner of the vehicle;
(4) 
Any lessor of the vehicle; and/or
(5) 
Any lienholder of the vehicle.
B. 
Within 10 days of the seizure of a vehicle as provided in this article, the City shall notify all interested parties of the seizure by certified mail, return receipt requested, with a notice of seizure sent to the interested parties as follows:
(1) 
The address used for an individual interested party shall be that listed on the individual's driver's license, registration documents, or such other address as reasonably calculated to give the lessor and/or lienholder notice of the seizure.
(2) 
The address used for the lessor and/or other lienholder (as applicable) of the vehicle shall be the address identified on the vehicle's title document, the vehicle's lease contract, and/or the vehicle's retail installment contract, and/or such other address as reasonably calculated to give the lessor and/or lienholder notice of the seizure.
C. 
The notice of seizure shall state that interested parties shall have the option to commence a proceeding, which must be commenced within 21 days from the time the notice of seizure is sent to all interested parties. The requested proceeding shall be held under the exclusive jurisdiction of the Glen Cove City Court, 13 Glen Street, Glen Cove, New York, to determine the respective rights of the City and the interested parties in the vehicle. The notice of seizure shall also include the following information:
(1) 
The make, model and vehicle identification number ("VIN") of the seized vehicle;
(2) 
A statement that the purpose of the proceeding is to determine the legality of the seizure, the appropriateness of any fees and expenses to be charged in relation to the seizure and storage of the vehicle, and determine the rights of possession in the vehicle at issue.
D. 
The proceeding shall be conducted before a neutral decision maker at the Glen Cove City Court, who shall review the legality of the seizure, the appropriateness of any fees and expenses to be charged in relation to the seizure and storage of the vehicle, and determine the rights of possession in the vehicle at issue.
E. 
If no interested party requests a proceeding or appears at the proceeding, all interested parties will be deemed in default. In the event of a default, the City Attorney shall conduct a post-default review of the seizure to determine the legality of the seizure, the appropriateness of any fees and expenses charged in relation to the seizure and storage of the vehicle. Following post-default review, the City may take such further actions as are called for by its laws or other policies and procedures, including the imposition of fees, seeking forfeiture or otherwise disposing of the vehicle.
F. 
In the event it is determined at a proceeding that a lessor or lienholder is entitled to take possession of a seized vehicle, the lessor or lienholder shall, prior to a lessor or lienholder retrieving a vehicle pursuant to disposition, send a notice to the driver or registrant of the vehicle informing them that their failure to retrieve the vehicle within 10 days will result in turnover of the vehicle to the lessor or lienholder, as applicable. Such a vehicle will not be turned over to a lessor or lienholder until the lessor or lienholder provides satisfactory proof of a lessor's or lienholder's right to take possession of a vehicle. Such proof shall be in the form of an affidavit from an appropriate custodian of records of the lessor or lienholder stating the reason(s) the lessor or lienholder has a current right to take possession of the vehicle and attaching the lease document or retail installment contract.
(1) 
Notwithstanding anything in this section to the contrary, the City may reasonably request the affidavit of right described in Subsection F to include the following:
(a) 
An agreement by the lessor or lienholder to reasonably cooperate with the City should a driver or registrant later make claims against the City related to the City's turnover of the vehicle to the lessor; and/or
(b) 
An agreement to release the City for its conduct in towing the vehicle.
(2) 
Satisfactory proof of a lessor's or lienholder's right to take possession of the vehicle shall not include any of the following:
(a) 
A requirement that the lessor or lienholder pay the City any fees, except those that may be imposed by a written disposition as a result of the retention hearing;
(b) 
An agreement not to return the vehicle to a driver, registrant, lessee or debtor (as applicable).