[HISTORY: Adopted by the Albany County Legislature 7-9-2007 by L.L. No. 4-2007. Amendments noted where applicable.]
A.
This Legislature hereby finds that New York Vehicle and Traffic Law § 1210(c)
provides that towing agencies which remove vehicles unlawfully parked
on private property at the request of the owner of the premises and
without the written consent of the owner of the vehicle shall immediately
notify the local police station having jurisdiction over the area
where such vehicle was unlawfully parked, of the description of the
car which was removed and the time of removal, so as to inform owners
of towed vehicles that their cars have not been stolen.
B.
This Legislature finds and determines that consumers are currently
at risk of having their vehicles seized without substantive due process,
notice or opportunity to retrieve their vehicles without the fear
and panic or believing that their towed cars have been stolen, as
evidenced by the growing number of incidents involving senior citizens
and other innocent consumers who return to the upsetting scene of
an apparent theft of their vehicles in a shopping center parking lot,
apartment complexes or other private parking lots.
C.
This Legislature finds that public safety is affected when physical
confrontations occur between tow truck operators and vehicle owners.
D.
This Legislature finds that public safety is affected when emergency
responder personnel and people with serious medical conditions are
unknowingly deprived of their vehicles during a time of emergency.
E.
Therefore, the purpose of this chapter is to regulate the towing
and seizure of consumers' motor vehicles in noncriminal law enforcement
situations by private towing companies in order to protect consumers
while maintaining the rights of property owners.
As used in this chapter, the following terms shall have the
meanings indicated:
As it is or may be defined by New York Vehicle and Traffic
Law § 1224.
The Albany County Department of General Services, Division
of Weights and Measures.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power. This term shall
specifically include, but shall not be limited to, motorcycles and
snowmobiles, as such terms are or may be defined by the New York Vehicle
and Traffic Law.
A.
A private property owner who wishes to have a vehicle towed from
his, her or its privately owned, publicly accessed parking lots, without
the written consent of the owner of the vehicle, shall comply with
the following requirements:
(1)
The parking lot shall have conspicuously posted, at each entrance
of each parking area and/or every 30 parking spaces, signs (at least
two feet high with at least two-inch-high lettering), which shall
contain the following information:
(a)
A statement warning that illegally parked vehicles will be towed.
(b)
The hours during which this prohibition is applicable.
(c)
The cost of the tow to be paid by the vehicle owner.
(d)
Name and phone number of the towing company.
(e)
Location where the vehicle is to be towed.
(f)
Property owner's name.
(2)
The property owner shall supply the towing company with a signed
statement authorizing tows, which shall contain the following:
(a)
The name, address and phone number of the owner.
(b)
The address and description of the property.
(c)
The name of the authorized tow company.
(d)
The cost of the tow to be paid by the vehicle owner.
(e)
The specific violations in which the tows/seizures are authorized.
(f)
The specific days and hours during which towing is authorized.
(g)
The location where the vehicles will be stored.
B.
A tow company or tow truck operator shall comply with the following
regulations when seizing or towing vehicles for privately owned, public
access parking lots, without the written consent of the owner of the
vehicle:
(1)
Tow companies shall enter into an agreement with the property owner
prior to any towing of vehicles.
(2)
The seizure or tow of a vehicle is only authorized when the owner
of the property or his/her representative is actually present and
requests that a particular vehicle be seized or towed. The property
owner's representative cannot be the tow company or tow truck operator
unless the tow company or operator is the actual property owner.
(3)
The tow truck operator shall have a copy of the statement required by Subsection A(2) of this section from the property owner in his/her possession.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
The tow truck operator shall have a written "seizure/tow authorization"
in his/her possession, to tow a specific vehicle, which shall be signed
by the property owner or his/her representative prior to the seizure/tow.
This authorization shall contain the following information:
(a)
Date and time of the seizure/tow.
(b)
Location of the seizure/tow.
(c)
Reason for the seizure/tow.
(d)
Cost of the seizure/tow to be paid by the vehicle owner.
(e)
Location to which the vehicle is towed.
(f)
Description of the vehicle (plate number, vehicle identification
number, year, make, model, color and notation of any damage to the
vehicle).
(g)
Name, address and date of birth of the tow truck operator.
(h)
Tow company name, address and phone number.
(i)
Name and address of the owner or representative who authorized
the seizure or tow.
(j)
Signature of the owner or representative who authorized the
seizure/tow.
(5)
The tow truck operator who seizes or tows a vehicle shall immediately
notify the nearest police station and provide a copy of the seizure/tow
authorization.
C.
When the seizure/tow of a vehicle from privately owned publicly accessed
parking lots, without the written consent of the owner of the vehicle,
is in dispute or a breach of the peace occurs, the following shall
apply:
(1)
If the seizure/tow process has begun, but the vehicle is still at
the location, the following shall apply:
(a)
The vehicle shall be released to the owner upon the owner providing
the tow truck operator with proper personal and vehicular identification;
and
(b)
The property owner and tow company shall have recourse to civil
court or small claims court to seek compensation for any monetary
damages incurred as a result of the actions of the vehicle owner.
(2)
If the seizure/tow process has been completed (the vehicle is no
longer at the location), the following shall apply:
(a)
A vehicle owner shall pay the tow truck operator to release
the vehicle;
(b)
The only additional fee that may be assessed is for storage
of the vehicle, which fee shall not exceed $20 per day. Storage fees
shall not be charged for days on which the vehicle is not available
for pickup from the pertinent tow operator or for days on which the
pertinent tow operator is closed; and
(c)
The vehicle owner shall have recourse to civil court or small
claims court to seek compensation for any monetary damages incurred
as a result of the actions of the property owner or the tow company.
D.
Fees charged for the seizure/tow of a vehicle from privately owned
publicly accessed parking lots within the County of Albany shall not
exceed the fees established for municipal towing purposes by the town
within which the tow/seizure occurs.
E.
Upon payment of all required charges for the release of a towed vehicle,
the towing company shall provide the owner or authorized user of the
vehicle with a receipt that reflects all payments made to the towing
company.
F.
No private property owner shall receive or enter into a contract
or other agreement to receive from a tow company, nor shall any tow
company pay or enter into any contract or other agreement to pay to
the private property owner, any share or the payments received for
the towing or storage of a towed motor vehicle or any fee or amount
dependent upon the number of towed vehicles removed from said private
property owner's parking lot.
G.
The use of immobilization devices on any motorized vehicles is prohibited
in the County of Albany or any of its municipalities, whether on public
or private property, except when authorized by federal, state or local
law enforcement authorities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This chapter shall be enforced by the Division. The Director
of the Division is hereby authorized and empowered to issue and promulgate
such rules and regulations as he/she shall deem necessary and appropriate
to implement and carry out the provisions of this chapter.
A.
Any person who intentionally violates this chapter, or a rule or
a regulation issued pursuant to this chapter, shall be guilty of an
unclassified misdemeanor, punishable by a fine of not less than $5,000
nor more than $10,000 or up to one year's imprisonment, or both. Each
such violation shall constitute a separate and distinct offense.
B.
Any person who intentionally violates this chapter, or a rule or
regulation issued pursuant to this chapter, shall also be subject
to a civil penalty of not less than $1,000 nor more than $10,000 for
each violation. Each such violation shall constitute a separate and
distinct offense.
This chapter shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or substantially
similar provisions as are contained in this chapter, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Albany.
The County Legislature may determine via mere resolution whether or
not identical or substantially similar statewide legislation has been
enacted for the purposes of triggering the provisions of this section.
