[Amended 9-14-2021 by L.L. No. 12-2021]
The Police Commissioner or any lawful agent of the Police Commissioner
shall have the power to remove or to cause to be removed any motor
vehicle parked or left standing upon any City-owned property, public
street or highway of the City of Yonkers or other surface that endangers
public safety on which parking is prohibited or restricted by ordinance
or by regulations issued by the Police Commissioner or any motor vehicle
parked or left standing in front of any private or nonpublic driveway.
[Amended 9-14-2021 by L.L. No. 12-2021; 11-28-2023 by L.L. No. 18-2023]
A. The Police Commissioner or any lawful agent of the Police Commissioner, including but not limited to the Office, shall have the power and authority to provide for the removal, immobilization and storage of vehicles on which there are outstanding traffic warrants, outstanding tickets, or outstanding judgments entered in accordance with §
109-42 for unpaid parking violations or other violations of the City Code, including but not limited to the red light camera violations as well as any and all violations of the laws, rules and regulations of the City, the New York State Department of Motor Vehicles and the New York State Vehicle and Traffic Law where the total amount of such warrant(s) or judgment(s) or tickets, including interest, is $300 or greater.
B. Such vehicles may be removed, towed, immobilized or stored or otherwise
secured by or under the direction of members of the Police Department
or authorized agent by means of towing or other methods or means of
removal, securing by use of a wheel lock or other immobilizing device
and storage at a public or private impound lot, facility or locations
designated by the Police Commissioner.
C. Such removal, immobilization and storage shall be at the expense
and risk of the owner or lessor of the vehicle.
[Amended 9-14-2021 by L.L. No. 12-2021]
When an immobilization device is used, the Police Department
or its agents shall attach or affix or otherwise securely place on
the vehicle, in such form as directed by the Police Commissioner or
any lawful agent of the Police Commissioner, 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 the 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 vehicle will
be subject to prosecution and liability for any loss to the City.
E. The steps which the owner or lessor must take to obtain release of
the vehicle.
F. Such other information, statements, notices and warnings as the Police
Commissioner shall from time to time determine.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. When any motor vehicle is towed or otherwise removed, the Police
Commissioner or lawful agent of the Police Commissioner shall with
all reasonable due diligence promptly notify all interested parties
as defined herein in this chapter of such towing or removal as well
as how such vehicle can be recovered.
B. The notification to the interested party shall be to the address
filed in the relevant City Department or Office or if no such address
can be reasonably ascertained, then the Office shall determine the
identity of the interested parties through an exercise of reasonable
due diligence under the circumstances.
C. In the event records maintained by the New York State Department
of Motor Vehicles or similar databases do not reveal the identity
and addresses of all interested parties, then the relevant City Department
or Office shall use reasonable due diligence to locate by any other
means to ascertain the identity and address of any interested parties.
[Amended 11-28-2023 by L.L. No. 18-2023]
D. The notification required in Subsection
B herein shall be sent by the Office promptly after the towing or seizure of the vehicle, and said Office notification shall advise the interested party of the right to a seizure hearing. Any interested party seeking such a seizure hearing shall within 30 calendar days of the date of said Office notification send such a request for said hearing by certified mail to the Office address set forth on said notification or appear in person at the aforesaid address of said Office to demand such a seizure hearing. The notification shall contain the following information:
[Amended 11-28-2023 by L.L. No. 18-2023]
(1)
The make, plate, body type and vehicle identification number
("VIN") of the seized vehicle;
(2)
A plate summary of all violations associated with this seizure;
(3)
A statement that the purpose of said hearing is to determine
the possessory interests in the vehicle and the person or entity who
will or can retain the vehicle subsequent to the conclusion of the
hearing;
(4)
The outstanding fines, judgments, warrants, unpaid parking tickets
and other penalties incurred, in addition to any fees associated with
the immobilization towing and storage of the vehicle;
(5)
That the aforesaid fines, penalties and fees can be contested
at that hearing and the right to possession of the vehicle also determined;
(6)
That the lawful basis of the seizure or tow can be contested;
(7)
That the interested party can post a financial bond in twice
the amount of the outstanding fines and judgments in satisfactory
form as security for payment of the aforesaid costs assessed to obtain
the immediate release of the vehicle to the interested party;
(8)
That the interested party can appear in person as well as by
an attorney duly licensed to practice law in the State of New York;
(9)
That a neutral decision maker which is an Administrative Law Judge as provided for herein shall determine all of the above issues pursuant to Article VIA, Part B, §
C6A-12 of the City Code and all other applicable provisions of law.
(10)
That an appeal of the hearing decision can be made pursuant
to applicable law.
E. Within no less than 15 business days and no more than 30 business
days after the Office receives such request for a seizure hearing,
the Office shall schedule such a hearing and provide the interested
party with written notice of the place, time and date of said hearing
and any other information required by law.
F. Nothing herein shall permit an interested party to contest at said
seizure hearing any other violations previously adjudicated lawfully
pursuant to the Code. Should more than one interested party request
a seizure hearing, said hearings shall be scheduled jointly with any
other requested hearing regarding the same tow or seizure of a vehicle.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. The interested party of any motor vehicle towed or removed from the
public streets, highways or elsewhere or stored or immobilized under
the authority of this article, or his, her or its agent, before being
permitted to obtain release of any impounded or immobilized vehicle
such motor vehicle, shall furnish satisfactory evidence as to his,
her or its identity and as to the ownership or superior right of possession
of such motor vehicle and shall, prior to the delivery of the motor
vehicle to him, her or it make payment of all authorized charges incurred
in the removal and storage of said motor vehicle, make payment of
all outstanding parking fines, adjudicated violations or judgements,
including but not limited to red light camera violations, or other
violation of the City Code, or any other violation of City laws, rules
or regulations; judgments, and costs and satisfy all outstanding traffic
warrants as well as New York State Department of Motor Vehicle suspensions
lawfully related to the subject vehicle and/or interested party.
[Amended 11-28-2023 by L.L. No. 18-2023]
B. A motor vehicle shall not be delivered to the interested party or
his, her or its agent by the owner, operator or employee of any public
garage or parking facility to which it has been towed, removed or
stored except on order or other lawful direction from the appropriate
agency or authority of the City of Yonkers indicating that the requirements
of this article have been complied with.
C. While a vehicle is immobilized as herein provided, any parking restrictions
which such vehicle would be in violation of by reason of the immobilization
shall be waived and suspended for a period not to exceed three days.
[Amended 9-14-2021 by L.L. No. 12-2021]
The Police Commissioner shall, from time to time, examine available
facilities for the towing and storage of such motor vehicles and the
cost thereof and may, with the approval of the Mayor, enter into a
contract, including the amount to be charged for the towing and storage
of motor vehicles, with the owners of such facilities for the towing
and storage of motor vehicles removed from the public streets and
highways of the City as well as all places under the control of the
City pursuant to the authority of this article.