[Res. No. 20-09, 3-24-2009; amended 3-9-2016 by Res. No.
15-16]
The following terms, when used in this Division 5, shall have
the meanings indicated:
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.
The City of Olean.
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.
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.
An entity or individual holding a valid license issued under
this chapter.
Includes automobiles, trucks and vans.
An individual, partnership, unincorporated association, corporation,
limited-liability company or other entity.
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.
(a)
An application for a license under this chapter shall be filed with
the Clerk of the City upon forms which shall be provided by the City
and which shall be verified under oath.
(b)
A verified application for a license shall contain the following
information:
(1)
The name and address of the applicant, the names and addresses
of all corporate shareholders having more than 25% ownership share,
the names and addresses of all officers and directors, if the applicant
is a corporation, and of all members of an unincorporated association,
partnership or limited-liability company, as the case may be.
(2)
A disclosure of misdemeanor or felony convictions against the
applicant or any person described in subsection (b)(1), where the
convictions were entered and the date thereof.
(3)
Any other relevant information which the City may require.
(c)
Any license issued hereunder shall be valid for a period of two years
from the date of its issuance. Any such license may be renewed in
the thirty-day period prior to its expiration date upon submission
to the City Clerk of the same information that would be required under
an initial application.
(d)
Insurance. No license hereunder shall be issued before the applicant
provides a certificate of insurance or other proof satisfactory to
the City Clerk to demonstrate that the licensee is insured against
liability for personal injury and property damage in an amount of
at least $100,000. Said certificate of insurance shall require that
the City Clerk receive 10 days' prior written notice of cancellation
or amendment of said policy.
There shall be no fee associated with this license.
(a)
The license of any person to attach immobilization devices within
the City or to operate a business which engages in attachment of immobilization
devices to motor vehicles within the City may be suspended or revoked
for a period to be determined by the City Clerk if such person shall
violate any provisions of this chapter or any rule or regulation adopted
hereunder or if the licensee shall be guilty of making a false statement
or misrepresentation in its application for a license. No suspension
or revocation shall be made by the City Clerk without a hearing having
been held thereupon not less than five business days after written
notice thereof shall have been given to the licensee, either in person
or by registered or certified mail.
(b)
The City Clerk, upon receiving information giving him/her reasonable
cause to believe that any licensee has violated any provision of this
chapter or has been convicted of any violation referred to in this
section or is guilty of having made a false statement or misrepresentation
in its application, and upon finding that the public safety and welfare
requires immediate action, may temporarily suspend forthwith such
person's license and permission to attach immobilization devices within
the City until such time as a hearing is held by the City Clerk as
provided hereinabove and the City Clerk shall have rendered his or
her determination thereon.
(c)
Effect of suspension or revocation. It shall be unlawful for any
person to attach an immobilization device to any motor vehicle within
the City or to cause such a device to be attached if it has been determined,
in accordance with this section that said person's license to operate
within the City has been suspended or revoked.
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.
