[Added 9-2-2008 by L.L. No. 2-2008]
This article may be cited as the "Booting and Towing Law of
the City of Cortland, New York."
A.
The City Council finds that significant numbers of vehicle owners
fail to respond to parking summonses issued for violations of parking
orders, rules, regulations 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.
B.
By reason of the foregoing, the City Council finds the health, welfare,
and safety will be served by adoption of a local law providing additional
means of enforcing parking orders, rules, regulations and local laws
in the case of vehicle owners who fail to timely respond to summonses
issued for parking vehicles or have outstanding fines for parking
violations.
C.
The City Council does hereby enact this article as a local law to
accomplish the aforesaid purposes.
A.
The Chief of Police and/or any police officer is hereby authorized
to provide for immobilization or towing of vehicles against which
there are fines or charges for parking violations in at least the
sum of $100 wherein notification has been issued and has not been
answered within 45 days of the issuance date or dates shown on the
notice upon which there are outstanding fines for parking violations
which have not been paid.
B.
Such vehicles may be immobilized and left where found, secured by
the use of a steel lock or such other immobilization device as may
be designated by the Chief of Police and/or any police officer, or,
in the alternative, may be towed by the City's authorized towing company,
as determined by the Chief of Police, to a specified lot or yard.
C.
Such immobilization and/or towing shall be at the expense of the
owner of the vehicle and shall include all storage charges and/or
any other charge attributable thereto, including all fines and penalties
due for parking vehicles.
D.
Any vehicle that has been immobilized and not lawfully released or
lawfully removed by the owner of the vehicle for 24 hours from the
time of such initial immobilization may be impounded and towed at
the direction of the Chief of Police and/or any police officer, which
removal and storage shall be at the expense of the owner of the vehicle.
When an immobilization device is used, the Police Department
and/or the Traffic Enforcement Department or their agents shall attach
to the vehicle in such form as may be directed by the Chief of Police
and/or the Traffic Enforcement Officer a notice containing the following
information:
A.
The location and identifying characteristics of the vehicle.
B.
The date and time of placement of the device and signature of the
installer.
C.
Notice that further parking restrictions will be waived during the
immobilization period.
D.
Notice that any person tampering with the device or the vehicle will
be subject to criminal prosecution and liable for any loss to the
City.
E.
The steps the owner must take to obtain the release of the vehicle.
F.
Such other information, statements, notices and warnings as the Chief
of Police and/or the Traffic Enforcement Officer may from time to
time determine to be appropriate.
A.
Any vehicle immobilized as herein provided shall be promptly released
to its owner upon:
(1)
Payment of the expenses of immobilization, hereby found to be $100
and the costs of towing, storage and all incidental charges, together
with payment of all fines and penalties for delinquent parking tickets
or judgments against the owner arising from such nonpayment.
(2)
An order of the City Court authorizing such release. The City Court
shall coordinate with the Parking Ticket Bureau to ascertain that
the expense of immobilization and all other costs referenced in this
section have been paid before authorizing the release of the vehicle.
(3)
The owner furnishing security for appearance in the City Court to
answer parking summonses outstanding against such vehicle and the
expense of immobilization or towing and storage.
B.
The operator or owner will be issued a receipt authorizing pickup
of the vehicle or to have the boot removed. Payment shall be by cash,
certified check, bank check or money order.
C.
The amount of such security shall not exceed the total of the maximum
fines permitted upon conviction of the offenses charged in outstanding
summonses against the vehicle or the vehicle owner's failure to timely
answer, plus the expense of the immobilization.
D.
While a vehicle is immobilized as herein provided, any parking restriction
of which such vehicle may be in violation, except as provided herein,
shall be suspended as it applies to such vehicle for the period of
immobilization.
