The following terms, when used in this Division 5, shall have
the meanings indicated:
APPLICANT
The entity or individual that is applying for a license to
tow and/or store vehicles on behalf of the City of Olean and/or to
attach immobilization devices as prescribed by this chapter.
IMMOBILIZATION DEVICE
A device which when locked to one of the wheels or axles
of a parked motor vehicle immobilizes the motor vehicle, and which
cannot be removed by the owner of the motor vehicle.
LICENSE
The license, issued by the City of Olean, authorizing the
licensee to attach immobilization devices to motor vehicles within
the City of Olean, or to conduct a business that does so and/or to
impound and store vehicles pursuant to the provisions of this chapter.
LICENSEE
An entity or individual holding a valid license issued under
this chapter.
PERSON
An individual, partnership, unincorporated association, corporation,
limited-liability company or other entity.
PROPERTY
A parcel of land located within the City of Olean, regardless
of the form of legal ownership.
It shall be unlawful for any person or entity to operate a business
which attaches immobilization devices to motor vehicles within the
City, without first having obtained a license.
There shall be no fee associated with this license.
Any person who violates any provision of this chapter shall
be punishable for each violation by a fine not to exceed $250 or by
imprisonment for a period not to exceed 15 days, or by both such fine
and imprisonment.
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:
(1) Vehicles which have three or more outstanding and unpaid parking
violations issued against them and which, after mailing a notice to
the registered owner at the last address shown for him or her in the
Department of Motor Vehicles' registration records for the automobile
in question, are found operated 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 City of Olean.
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 §
24-61(e) above of the fact of its towing, the place where it may be recovered and the conditions under which it will be released.
Before the owner of any vehicle taken into custody, as above
provided, shall be allowed to repossess or to secure the release of
said vehicle, the owner or his agent shall pay the following:
(1) All sums due the City of Olean for any parking violations issued
and outstanding against such vehicle and/or any other vehicle owned
by such person.
(2) Additional fees may be owed to the contractor hired to immobilize
or tow said vehicle prior to removal of immobilization device or release
from storage for the costs of booting, towing, and storage for each
day that such vehicle is so stored.
No such vehicle shall be released until the owner or his agent
has established his identity and right to possession and has a proper
receipt therefore signed by the Olean City Clerk.
If any provision of this Division 5 or the application thereof
to any person or circumstances is held invalid, the validity of the
remainder of the division and the application of such division to
other persons and circumstances shall not be affected thereby.
This Division 5 shall supersede any and all the provisions of
ordinances, rules or regulations previously enacted or promulgated
which are inconsistent with the provisions of this division.