As used in this article, the following terms shall have the
meanings indicated:
BOOT
A device or lock which is affixed to the wheel of a motor
vehicle, preventing the wheel from rotating and, thereby, immobilizing
the vehicle; may also be referred to herein as a "booting device."
BOOTING
The act of affixing a boot to a motor vehicle.
IMPOUND LOT
A yard, garage or storage facility capable of storing motor vehicles safely and which is made secure by the installation of fences, walls and other security devices designed to protect vehicles being stored therein, subject to additional requirements set forth in §
211-40C of this article.
MOTOR VEHICLE
Shall be defined the same as §§
79-2 and
145-2 of the Beacon City Code and interpreted in conformity with the New York State Vehicle and Traffic Laws.
PRIVATELY OWNED REAL PROPERTY
Real property owned by an individual, firm, association,
joint venture, partnership, corporation, or other legal entity whatsoever,
and shall include, without limitation, the parking lots, parking areas,
driveways and sidewalks of shopping centers, parking garages, apartment
complexes, condominium complexes, and other land used for multifamily
or commercial purposes, but shall not include the driveways or parking
areas of private homes which are not held open to the public.
TOW
The lawful moving of a vehicle which has been parked illegally
or improperly on the privately owned real property of another or which
has been disabled, abandoned or improperly or illegally parked on
a public street.
TOWING COMPANY
Any business or person lawfully engaged in the practice of
towing vehicles for a fee in the City of Beacon. For purposes of this
article, "towing company" shall also include any business or person
lawfully engaged in the practice of booting motor vehicles for a fee
in the City of Beacon.
TOW TRUCK
A motor vehicle used for towing, usually equipped with a
crane, winch, tow bar, push plate, flat bed or other device or feature
used to push or pull another motor vehicle.
The owner/operator of privately owned real property may not
order a towing company to tow or boot a motor vehicle parked improperly
or illegally on the premises without first complying with the posting
requirements below.
A. All signs required pursuant to this section shall be commissioned,
installed and maintained at the expense of the property owner/operator.
All owners/operators of privately owned real property subject to towing
or booting practices have a continuing obligation to ensure that proper
signage is posted on the premises.
B. Posting requirements.
(1) Sign specifications. A sign shall be posted and maintained in a conspicuous
location, easily observable from motor vehicles entering upon privately
owned real property, and shall:
(a)
Be at least three feet wide and three feet high; and
(b)
Feature a black border with red lettering upon a white background.
(2) Warning. All signs shall feature the word "WARNING" in capital lettering,
displayed prominently on the top of the sign's facade, and shall state
that motor vehicles parked on the premises are subject to towing and/or
booting and, further, that any and all fees incurred as a result are
the responsibility of the vehicle owner. Such signs must also specify
the areas or spaces on the premises where parking is restricted or
prohibited, or indicate how vehicle operators can distinguish such
areas or spaces from those where parking is open to the public.
(3) Towing company information. In addition to the foregoing, all signs
hereunder shall feature the name and contact information of the towing
company contracted to provide towing and/or booting services to the
subject privately owned real property as well as the applicable fees
for towing, storage and booting of vehicles.
(4) Placement. All warning signs must be posted within 15 feet of each
curb cut that gives vehicular access to the privately owned real property,
facing in each authorized direction of travel on the abutting public
highway(s). Such sign must be posted no lower than seven feet above
grade level and no higher than 10 feet above grade level.
C. The Superintendent of Highways and a representative from the Beacon
Police Department shall jointly inspect the location where a warning
sign is to be installed no later than one week prior to installation,
and shall advise the property owner whether the proposed signage will
be sufficient and in compliance with the requirements of this section.
(1) The inspecting agents/officials shall order that any noncompliant
signage be replaced at the property owner/operator's expense.
(2) The inspecting individuals may order that a sign be relocated or
adjusted in order to comply with public safety concerns or the requirements
of this article.
(3) No vehicle may be towed from, or booted on, privately owned real
property until proper signage has been inspected, approved and properly
installed.
D. Written notice of booting. A booting company shall, at the time it
attaches a booting device to a motor vehicle, affix a written notice
to the same motor vehicle alerting the vehicle owner/operator that
a boot has been placed on the vehicle. All notices hereunder shall
be brightly colored, and shall state:
(1) The identifying features of the motor vehicle, including the make,
model and year of the vehicle, as well as the license plate number,
if possible;
(2) The date, time and street address/parking facility where the vehicle
is located;
(3) The name, contact information and business hours of the booting company
which attached the booting device; and
(4) The one-time fee for attachment and removal of the device.
E. Notification to Beacon Police Department. A towing company shall
alert the City of Beacon Police Department immediately before it tows
or boots any motor vehicle at the request of the owner/operator of
privately owned real property and shall inform the Police Department
of the time and location of the activity as well as the make, model,
year and license plate number of the affected motor vehicle.
After a hearing held on no fewer than 14 days' notice to the
licensee towing company, served either in person or by certified mail
to the mailing address on the towing company license application,
the Police Department may, in a writing setting forth such reasons,
deny a towing or booting license, refuse renewal of a towing or booting
license, or suspend or revoke a towing or booting license where:
A. The towing company application does not comply with one or more of
the provisions set forth in this article;
B. The towing company made intentional misrepresentations in its towing
license application;
C. The towing company is found to have violated the provisions of this
article on three occasions or more; or
D. There have been two or more complaints against the towing company
or its personnel alleging fraudulent or abusive practices which are
corroborated following a reasonable investigation by the Beacon Police
Department.
If any provision, paragraph, word or section of this article
is invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words and sections shall not be affected and
shall be continued in full force and effect.