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Village of Horseheads, NY
Chemung County
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Table of Contents
Table of Contents
A. 
When any vehicle is parked, stopped, standing or abandoned on any street or municipal parking lot within this Village during a snowstorm, flood, fire or other public emergency which affects that portion of the street or municipal parking lot upon which said vehicle is parked, stopped, standing or abandoned, said vehicle may be removed by or under the direction of the Chief of Police or the Director of Public Works.
B. 
When any vehicle is found unattended on any street or municipal parking lot within the Village where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or under the direction of the Chief of Police or the Director of Public Works.
C. 
In the event that any vehicle is unlawfully parked, stopped, standing or abandoned as provided by this chapter or New York State law, the Police Department is authorized to tow away or have towed away, by a competent person, all such vehicles.
D. 
Nothing herein shall be taken or construed as obligating the Police Department, Department of Public Works, or any other municipal department for damage done to or destruction of a vehicle impounded, removed, stored, or towed unless otherwise provided by law.
A. 
After removal of any vehicle as provided in this article, the Chief of Police or the Director of Public Works 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 it was stored the cost or charges therefor.
B. 
The cost of towing and storage as hereinbefore provided shall be determined as follows:
(1) 
If the towing or storage is done by a municipal department, the cost thereof shall be in accordance with the reasonable expense incident to same, plus a reasonable charge as compensation therefor, all as determined by the Village Manager from time to time.
(2) 
If the towing or storage is done by a private company or individual, then the cost shall be at the rate usually charged for such service by such company or individual, but in no case shall the cost exceed a reasonable compensation for the actual labor, material or space involved.
(3) 
It shall be entirely within the discretion of the Police Department or the Director of Public Works as to whether the towing and storage provided in this chapter shall be done by the Village or by a private company or individual; nevertheless best judgment shall be exercised in determining the means for such towing and the place for storage.
(4) 
The cost of towing and storage shall be charged against the owner of the vehicle and shall be added to and be made a part hereof of any fine hereafter imposed for the above reasons. Irrespective of any method for collecting fines for traffic violations, and in addition thereto, all towing and storage costs imposed under this section shall constitute and be a lien against any vehicle impounded as provided above, and such lien shall not be lost, nor shall same be considered waived by reason of the owner’s taking possession of the vehicle before the costs are paid.
It shall be the duty of the Chief of Police or the Director of Public Works or his or her designee to ascertain to the extent possible the owner of the vehicle or the person having the same in charge and to notify him or her of the removal and disposition of such vehicle and of the amount which will be required to redeem the same. Said Chief of Police or Director of Public Works shall also, without delay, report to the Village Clerk the removal and disposition of any vehicle removed as provided in this article.