The Town Board of the Town of Greenburgh finds that
a significant number of vehicle owners fail to respond to parking
summonses issued for violations of parking orders, rules, regulations,
ordinances and local laws; that a significant number of such owners
are persistent violators; and that by reason of out-of-state registration
of such vehicles, transfer of ownership and reregistration of such
vehicles and other devices, violators frequently are able to evade
existing enforcement measures.
By reason of the foregoing, the Town Board finds that
the public's health, welfare and safety will be served by the adoption
of a local law that provides additional means of enforcing parking
orders, rules, regulations, ordinances and local laws in the case
of vehicle owners who fail to timely respond to summonses issued for
parking violations.
The Chief of Police is hereby authorized to provide
for the removal and impoundment of vehicles against which three or
more parking summonses have been issued, if three or more of such
summonses, at least two of which have been issued on separate dates,
have not been answered within 45 days of the appearance date or dates
shown on such summonses.
As provided in § 460-46, the Police Department shall notify the last registered owner of said vehicle by certified mail, return receipt requested, of the impoundment and the procedures to be followed in order to redeem said vehicle.
The owner or his/her agent posting cash security in
an amount not to exceed the total of the maximum fines permitted upon
conviction of the offenses charged in the outstanding summonses against
the vehicle and the associated penalties levied because of the failure
of the owner to timely answer; or
Any police supervisor on duty at the Greenburgh Police
Station shall be authorized to determine the amount of security that
the owner, operator or agent of the owner must post for the release
of the vehicle. In determining the amount of such security, consideration
shall be given to the likelihood of the vehicle owner, operator or
agent appearing in Town Court to answer the outstanding summonses
and the number of such outstanding summonses against the vehicle.
The person posting the security shall be provided with a receipt,
and security payments shall be forwarded to the Town Court in the
same manner as cash bail.
Any police supervisor on duty at the Greenburgh Police
Station shall be authorized to establish an appearance date in Greenburgh
Town Court for the owners of any towed and impounded vehicles to answer
outstanding parking summonses.