[HISTORY: Adopted by the Board of Trustees of the Village
of Brewster 1-5-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
A.
The Board of Trustees of the Village of Brewster 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.
B.
By reason of the foregoing, the Board of Trustees 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.
C.
The Board of Trustees hereby orders and enacts this chapter to accomplish
the aforesaid purposes.
As used in this chapter, the following terms shall have the
meanings indicated:
The title owner of a vehicle as identified by the registration
records of the New York State Department of Motor Vehicles with respect
to a vehicle subject to the provisions of this chapter.
The registered owner of a vehicle against which three or
more parking summonses have been issued, at least two of which have
been issued on separate dates, and a minimum of three of which remain
unanswered for a period of 30 days of the appearance date or dates
shown on such summonses.
A machine propelled by power other than human power, designed
to travel along the ground, to transport persons or property or pull
items or machinery, and shall include, without limitation, automobiles,
trucks, trailers, motorcycles, scooters, all-terrain vehicles, recreational
vehicles, campers, and tractors.
In addition to any other penalties or fines imposed for the
violation of any parking law, rule or regulation, the provisions of
this chapter shall apply to the following categories of vehicles:
A.
Vehicles operated, standing or parked on any public street, public
highway or private road open to public travel, including any portion
of the entire width between the boundary lines of such roads, streets
and highways, paved or unpaved, or on any property leased by or in
the possession and control of the Village of Brewster, in violation
of any provision of any municipal state or county ordinance, law,
rule or regulation.
B.
Vehicles which have three or more outstanding and unpaid parking
violations issued against them and which, after mailing and notice
to the registered owner at the last address shown for such owner in
the Department of Motor Vehicles' registration records for the
automobile in question, are found operated, standing or parked on
any public street, public highway or private road open to public travel,
including any portion of the entire width between the boundary lines
of said roads, streets or highways, paved or unpaved, or on any property
leased by or in the possession and control of the Village of Brewster.
A.
Any vehicle in one of the categories described in § 253-3 above may be removed or caused to be removed by or at the instructions of a member of the Village of Brewster Police Department by towing or otherwise.
B.
Within 48 hours or by the first business day after towing, the Police Department shall send a certified letter to the registered owner of such vehicle at the address described in § 253-3B above of the fact of its towing, the place where it may be recovered and the conditions under which it will be released.
A.
Any vehicle removed and impounded as herein provided shall be promptly
released to its owner upon:
(1)
Payment in full of all sums due the Village of Brewster for any and
all parking violations issued and outstanding against such vehicle
and/or any other vehicle owned by such person;
(2)
Payment of the cost of any and all towing charges involved in the
towing of the subject vehicle(s);
(3)
Payment of the cost of storage for each day or portion of a day that
such vehicle is so stored;
(4)
Payment of any and all administrative fees related to the towing
and storage of vehicles as may be determined from time to time by
resolution of the Board of Trustees and set forth in the schedule
of fees of the Village of Brewster; and
(5)
Presentation by the owner or agent of the owner of sufficient proof
and identification to establish such party's identity and right
to possession of the vehicle, and upon signing a receipt therefor.
B.
If an impounded vehicle has not been properly and lawfully released
within 10 days after the owner of such vehicle is notified that the
vehicle has been towed and impounded, then such vehicle shall be deemed
to be an abandoned motor vehicle. In such case, the following procedure
shall be followed by the Village of Brewster with respect to such
vehicle.
(1)
The Village Clerk shall make an inquiry concerning the last owner
of such abandoned vehicle as follows:
(2)
The Village Clerk shall notify the last owner, if known, that the
vehicle has been recovered as an abandoned vehicle and that, if it
is not claimed, it will be sold at public auction, by bid, or the
ownership of such vehicle may be transferred to the tow company in
lieu of towing and storage charges after 10 days from the date of
notice. If the agency notified as per § 235-5B(1) above
notifies the Village Clerk that a lien or other security interest
exists, a notice will be promptly sent to the lienholder or party
in interest. This notice shall be given in the manner presented by
the Commissioner of Motor Vehicles. Any party claiming the abandoned
vehicle shall be required to pay the amounts described in § 235-5A
above.
(3)
If the Village Clerk determines that an abandoned vehicle is not
suitable for operation on the public highways, he or she shall sell
the vehicle or cause the vehicle to be delivered to a vehicle dismantler
or scrap processor who is registered or certified pursuant to § 415-a
of the Vehicle and Traffic Law of the State of New York.
(4)
If the abandoned vehicle is not released by the owner or lienholder
in accordance with this chapter, the Village may:
(a)
Sell the vehicle at auction and apply the proceeds as follows:
[1]
To the towing service, the cost of storage for each day; then
[2]
The costs of towing and impounding incurred by the Village of
East Brewster; then
[3]
All sums legally due the Village of Brewster for parking violations
issued and outstanding against such vehicle and the administrative
fees associated therewith; then
[4]
The remainder, if any, to the owner and any known lienholder.
(b)
Convert unclaimed vehicles to Village use as follows.
[1]
The Village may convert in any calendar year up to 1% of its
unclaimed abandoned vehicles not affected by Subdivision 2 of § 1224
of the Vehicle and Traffic Law of the State of New York, or two such
vehicles, whichever is greater, to its own use.
[2]
Any proceeds from the sale of an abandoned vehicle less expenses
incurred by the Village shall be held by the Village without interest
for the benefit of the owner of such vehicle for a period of one year.
If not claimed within such one-year period, such proceeds shall be
paid into the general fund of the Village.
Any person who, after having had his vehicle towed, shall remove
such vehicle without complying with this chapter shall, in addition
to the other charges provided for herein, be liable for a fine of
up to $250.
