[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except as provided in §§ 127-28C, 127-29C and 127-32.1A, every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not more than $50 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
[Added 3-2-2010 by L.L. No. 1-2010]
A.
Any
person, firm, or corporation engaged in wrecker or tow services violating
sections of this chapter shall, upon conviction, be subject to a fine
not exceeding $250 for the first offense and/or imprisonment for up
to 15 days. The limit for the fine shall increase by $250 for each
conviction of any defendant within five years of the date of the subject
offense.
B.
It shall
be the duty of the officer in charge to notify the Village Board of
any of the tow services on the rotation list that are in violation
of any part of this chapter. After notice and opportunity to be heard
by the Village Board, it may suspend or revoke said towing service
from the rotation list.
[Added 8-3-2021 by L.L.
No. 7-2021]
A.
Police officers of the Village of Yorkville are hereby authorized
to and shall immobilize any motor vehicle parked in violation of an
applicable parking law, regulation or duly posted sign, on which there
are three or more outstanding parking summonses, warrants for nonappearance
or unpaid fines. Said officers shall immobilize such vehicle by use
of a wheel lock or other immobilization device which shall prevent
said vehicle from being moved on its own until and unless such device
is removed.
B.
Any vehicle immobilized pursuant to Subsection A shall be promptly released to its owner by the Police Department upon the posting of a cash bond equal to the potential fines for outstanding summons and unpaid fines and penalties already imposed, together with an administrative immobilization fee of $30 or, in the alternative, upon disposition of such summonses by a plea of guilty and payment in full of the appropriate fines and penalties and such administrative fee. If all of such summonses are dismissed or the defendant is found not guilty, said bond shall be returned and such administrative fee shall be waived.
C.
At the time said vehicle is immobilized, the police officer shall
affix to the windshield of such vehicle a notice containing the following
information:
(1)
The location and identifying characteristics of the vehicle.
(2)
Date and time of placement of the device and signature of the
installer.
(3)
Notice that further parking restrictions will be waived during
the immobilization period.
(4)
Notice that any person tampering with the device, or the vehicle,
will be subject to prosecution and liable for any loss to the Village.
(5)
The procedure to obtain the release of the vehicle.
(6)
Such other information as the Chief of Police or officer in
charge shall, from time to time, deem necessary.
A.
Except those parts, if any, which are subject to approval
under § 1684 of the Vehicle and Traffic Law of the State
of New York, this chapter and any regulations adopted hereunder shall
take effect as provided by law.
B.
Any part or parts of this chapter and any regulations
adopted hereunder which are subject to approval under § 1684
of the Vehicle and Traffic Law of the State of New York shall take
effect from and after the day on which approval, in writing, is received
from the New York State Department of Transportation.
