Vehicles parked illegally in restricted areas, as defined by
this article, may be subject to towing at the owner's expense, as
directed by the Rye Police Department.
[Amended 3-9-2004 by Art. 21; 3-9-2010 by Art. 14]
A. Owner responsibility for illegal parking. A person shall not allow,
permit or suffer a vehicle registered in his or her name to stand
or park in violation of any of the provisions of this article, and
the owner or person in whose name such vehicle is registered shall
be held as prima facie responsible for such violation.
B. Notice of violation. A police officer or parking enforcement officer
observing a violation of any of the provisions of this article shall
attach to the vehicle a notice to the operator or owner that the vehicle
has been parked in violation of this article and ordering the operator
or owner to report to police headquarters to pay the appropriate penalty.
The notice shall contain the location where the vehicle is parked;
the state registration number of the vehicle; the time at which such
vehicle is parked in violation of this article; and any other facts
which are necessary to understand the circumstances of the violation.
C. Penalties. A person violating a provision of this article shall be
punished by a fine or penalty as follows:
[Amended 3-12-2019 by Art. 33; 3-10-2020 by Art. 28]
(1) A person violating any provision of this article by parking without
a Town permit where parking is allowed only by Town permit shall be
punished by a fine or penalty of up to $100 for each offense, as follows:
$100 if paid within five days of the issuance of a notice of violation;
$125 if paid after five days from the issuance of a notice of violation;
$200 if a court summons must be issued.
(2) A person violating any provision of this article by parking in a
handicapped designated space without the required handicapped license
plate, decal or card shall be punished by a fine or penalty of up
to $250 for each offense, as follows: $250 if paid within five days
of the issuance of a notice of violation; $325 if paid after five
days from the issuance of a notice of violation; $350 if a court summons
must be issued.
(3) A person violating any other provision of this article shall be punished
by a fine or penalty of up to $50 for each offense, as follows: $50
if paid within five days from the issuance of a notice of violation;
$65 if paid after five days from the issuance of a notice of violation;
$100 if a court summons must be issued.
D. Appeal to Chief of Police. Any person to whom a notice of violation
has been issued may appeal to the Chief of Police or his designee
within five days of such notice. The Chief of Police, or his designee,
is hereby authorized to review the facts and circumstances surrounding
the issuance of the notice of violation and to affirm the notice of
violation or revoke it if he determines that it was issued in error
or otherwise as justice may require.
[Added 3-10-2015 by Art. 18]
A. Authorization for towing and immobilization. The Police Chief is
authorized to have a motor vehicle, the owner of which is listed on
the Tow or Immobilization List and which is illegally parked in or
on any public way, towed and stored, or otherwise immobilized, subject
to the notice provision of this section.
B. Preliminary notice of possible towing or immobilization.
(1) The Police Chief may, at any time subsequent to an owner accumulating
three unpaid parking tickets or unpaid fines in excess of $135 on
any and all vehicles registered in the owner's name, send the owner,
by certified mail, notice that failure to resolve the violations within
10 days' notice may lead to towing or immobilization of any or all
of the owner's vehicles pending resolution of the outstanding tickets
and fines. If the owner of the vehicle is issued a must appear in
court summons and defaults, this may lead to the towing or immobilization
of the vehicle.
(2) The preliminary notice shall describe the right of appeal set forth in Subsection
E of this section and the owner's responsibility for paying the towing and storage charge for any vehicle which is towed.
C. Final notice of possible towing or immobilization.
(1) If the preliminary notice of possible towing or immobilization does
not result in the resolution of the subject unpaid parking fines,
the Police Chief may, at any time 10 days subsequent to the mailing
of the preliminary notice, send the owner, by certified mail or by
issuance of a red tag warning directly on the driver's side window
of the registered vehicle, notice that failure to resolve the violations
within five days of receipt of the notice may lead to towing or immobilization
of any or all of the owner's vehicles pending resolution of the outstanding
tickets and fines. If the owner of the vehicle is issued a must appear
in court summons and defaults, this may lead to the towing or immobilization
of the vehicle.
(2) The final notice shall describe the right of appeal set forth in Subsection
E of this section and the owner's responsibility for paying the towing and storage charge for any vehicle which is towed.
D. Tow or Immobilization List. The Police Department shall maintain a list of owners whose vehicles are subject to being towed and held in storage or immobilized pending final resolution of unpaid parking violations. The list shall include all motor vehicles belonging to an owner who has received notice as specified in Subsection
B. The owner's name shall be removed from the list if the Police Chief, after hearing, orders otherwise or if all fines for offenses contained in the notice of towing or immobilization are paid in full and received.
E. Hearing. At the request of the recipient of a notice issued pursuant to Subsection
B or
C, the Police Department shall arrange a hearing with the Police Chief. Such hearing shall be scheduled during normal business hours of the Police Department. The Police Chief shall conduct and preside over all hearings. The hearing shall be informal and the rules of evidence shall not apply. At such hearing, the owner of the motor vehicle which is the subject of the hearing may present any defense of law or fact which is relevant to the issue of whether or not the subject vehicle should be placed on the Tow or Immobilization List. The decision of the Police Chief shall be final.
F. Release of towed or immobilized vehicles. A person may have his or
her name or vehicle removed from the Tow or Immobilization List, and/or
motor vehicles released from storage, and/or may have immobilization
devices removed in the following manner:
(1) By order of the Police Chief, after hearing;
(2) Police Chief may use his discretion prior to a hearing;
(3) By payment in full of all parking fines attributable to the violations
contained in the notice of towing or immobilization;
(4) By posting a bond with the Tenth Circuit Court of Portsmouth in an
amount sufficient to make payment in full of all parking fines arising
out of the violations contained in the notice of towing or immobilization
in order to allow a judicial determination of the violations pursuant
to state law; or
(5) By a judicial determination resolving the violations and the payment
of any fine arising out of such determination.
G. Unauthorized removal of immobilization device. A person shall not
remove an immobilization device from a vehicle without authority to
do so. Any person who removes an immobilization device from a vehicle
without authority to do so shall be guilty of a misdemeanor and subject
to a fine or penalty of $1,000.
[Amended 3-10-2020 by Art. 28]
H. Release of stored vehicle. A motor vehicle that has been towed and
stored pursuant to this section shall not be released until all fees
and charges incurred by the towing company for the towing and storage
of the vehicle have been paid.