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City of Kingston, NY
Ulster County
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Table of Contents
Table of Contents
[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.]
Tow trucks — See Ch. 373.
Abandoned vehicles — See Ch. 384.
Vehicles and traffic — See Ch. 390.
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.
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.
Editor's Note: See Ch. 405, Zoning.
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.
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.
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.
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.
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]
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.
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.