[HISTORY: Adopted by the Common Council of the City of Kingston 8-7-1984
by L.L. No. 3-1984, approved 8-28-1984, as Ch. of the 1984 Code. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Truck Restricted
Parking Ordinance of the City of Kingston, New York."
The following definitions shall apply in the interpretation and enforcement
of this chapter:
Any area zoned RRR, RR, R1, R2, R3, R4, R5 or R6 by the zoning regulations
of the City of Kingston, as amended.
[1]That portion of a street or highway improved, designed or ordinarily
used for vehicular travel inclusive of berm or shoulder.
The entire width between the boundary lines of every publicly maintained
street or highway when any part thereof is open to the use of the public for
purposes of vehicular travel.
Any vehicle with a weight of 10,000 pounds unloaded, any vehicle
with three or more axles or any unit of a tractor trailer.
No truck shall be parked on any city street, highway or roadway between
the hours of 8:00 p.m. and 7:00 a.m. in any residential area.
A.
Members of the Police Department are hereby authorized
to remove or have removed a vehicle from the street to the nearest garage
or other place of safety, including another place on a street, or to a garage
designated or maintained by the Police Department, or otherwise maintained
by this city when the vehicle is parked on any street, highway or roadway
in violation of terms of this chapter.
B.
Whenever an officer removes or has removed a vehicle
from the street, as authorized in this section, and the officer knows or is
able to ascertain from the registration records in the vehicle the name and
address of the owner thereof, such officer shall immediately give notice in
writing to such owner of the fact of such removal and the reasons therefor
and the place to which such vehicle has been removed, in the event that any
such vehicle is stored in a public garage, a copy of such notice shall be
given to the proprietor of such garage.
C.
Whenever an officer removes or has removed a vehicle
from a street under this section and does not know and is not able to ascertain
the name of the owner as hereinbefore provided, and in the event that the
vehicle is not returned to the owner within a period of three days, then,
in that event, the officer shall immediately send or cause to be sent a written
report of such removal by mail to the state department, whose duty it is to
register motor vehicles, and shall file a copy of such notice with the proprietor
of any public garage in which the vehicle may be stored. Such notice shall
include a complete description of the vehicle, the date, time and place from
which removed, the reasons for such removal and the name of the garage or
place where the vehicle is stored.
D.
No person shall recover any vehicle removed in accordance
with this section, except as provided herein. Before the owner or person in
charge of such vehicle shall be allowed to recover it from the place where
it has been placed or impounded, he shall present to a member of the Police
Department evidence of his identity and right to possession of the vehicle,
shall sign a receipt for its return, shall pay the cost of removal not to
exceed $75, and shall pay any cost of storage accrued, not to exceed $8 for
the first day or portion thereof, and $8 for each additional day or portion
thereof, until paid, these charges constitute a lien on the vehicle which
may be enforced in the same manner as a garage keeper's lien.
[Amended 12-16-1999 by L.L.
No. 2-2000; approved 1-3-2000]
E.
It shall be the duty of the Police Department to keep
a record of each vehicle removed in accordance with this section. The record
shall include a description of the vehicle, its license number, the date and
time of its removal, where it was removed from, its location, the name and
address of its owner and last operator, if known, its final disposition, and
the violation involved.
F.
This section shall be supplemental to any other provisions
of law granting members of the Police Department authority to remove vehicles.
Every person convicted of a violation of this chapter shall be punished
by a fine of not more than $15 for the first offense, $25 for the second offense
and $50 for the third offense.
