[Amended 9-14-2021 by L.L. No. 12-2021]
The Police Commissioner or any lawful agent of the Police Commissioner shall have the power to remove or to cause to be removed any motor vehicle parked or left standing upon any City-owned property, public street or highway of the City of Yonkers or other surface that endangers public safety on which parking is prohibited or restricted by ordinance or by regulations issued by the Police Commissioner or any motor vehicle parked or left standing in front of any private or nonpublic driveway.
[Amended 9-14-2021 by L.L. No. 12-2021; 11-28-2023 by L.L. No. 18-2023]
A. 
The Police Commissioner or any lawful agent of the Police Commissioner, including but not limited to the Office, shall have the power and authority to provide for the removal, immobilization and storage of vehicles on which there are outstanding traffic warrants, outstanding tickets, or outstanding judgments entered in accordance with § 109-42 for unpaid parking violations or other violations of the City Code, including but not limited to the red light camera violations as well as any and all violations of the laws, rules and regulations of the City, the New York State Department of Motor Vehicles and the New York State Vehicle and Traffic Law where the total amount of such warrant(s) or judgment(s) or tickets, including interest, is $300 or greater.
B. 
Such vehicles may be removed, towed, immobilized or stored or otherwise secured by or under the direction of members of the Police Department or authorized agent by means of towing or other methods or means of removal, securing by use of a wheel lock or other immobilizing device and storage at a public or private impound lot, facility or locations designated by the Police Commissioner.
C. 
Such removal, immobilization and storage shall be at the expense and risk of the owner or lessor of the vehicle.
[Amended 9-14-2021 by L.L. No. 12-2021]
When an immobilization device is used, the Police Department or its agents shall attach or affix or otherwise securely place on the vehicle, in such form as directed by the Police Commissioner or any lawful agent of the Police Commissioner, a notice containing the following information:
A. 
The location and identifying characteristics of the vehicle.
B. 
The date and time of placement of the device and the signature of the installer.
C. 
Notice that further parking restrictions will be waived during the immobilization period.
D. 
Notice that any person tampering with the device or vehicle will be subject to prosecution and liability for any loss to the City.
E. 
The steps which the owner or lessor must take to obtain release of the vehicle.
F. 
Such other information, statements, notices and warnings as the Police Commissioner shall from time to time determine.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. 
When any motor vehicle is towed or otherwise removed, the Police Commissioner or lawful agent of the Police Commissioner shall with all reasonable due diligence promptly notify all interested parties as defined herein in this chapter of such towing or removal as well as how such vehicle can be recovered.
B. 
The notification to the interested party shall be to the address filed in the relevant City Department or Office or if no such address can be reasonably ascertained, then the Office shall determine the identity of the interested parties through an exercise of reasonable due diligence under the circumstances.
C. 
In the event records maintained by the New York State Department of Motor Vehicles or similar databases do not reveal the identity and addresses of all interested parties, then the relevant City Department or Office shall use reasonable due diligence to locate by any other means to ascertain the identity and address of any interested parties.
[Amended 11-28-2023 by L.L. No. 18-2023]
D. 
The notification required in Subsection B herein shall be sent by the Office promptly after the towing or seizure of the vehicle, and said Office notification shall advise the interested party of the right to a seizure hearing. Any interested party seeking such a seizure hearing shall within 30 calendar days of the date of said Office notification send such a request for said hearing by certified mail to the Office address set forth on said notification or appear in person at the aforesaid address of said Office to demand such a seizure hearing. The notification shall contain the following information:
[Amended 11-28-2023 by L.L. No. 18-2023]
(1) 
The make, plate, body type and vehicle identification number ("VIN") of the seized vehicle;
(2) 
A plate summary of all violations associated with this seizure;
(3) 
A statement that the purpose of said hearing is to determine the possessory interests in the vehicle and the person or entity who will or can retain the vehicle subsequent to the conclusion of the hearing;
(4) 
The outstanding fines, judgments, warrants, unpaid parking tickets and other penalties incurred, in addition to any fees associated with the immobilization towing and storage of the vehicle;
(5) 
That the aforesaid fines, penalties and fees can be contested at that hearing and the right to possession of the vehicle also determined;
(6) 
That the lawful basis of the seizure or tow can be contested;
(7) 
That the interested party can post a financial bond in twice the amount of the outstanding fines and judgments in satisfactory form as security for payment of the aforesaid costs assessed to obtain the immediate release of the vehicle to the interested party;
(8) 
That the interested party can appear in person as well as by an attorney duly licensed to practice law in the State of New York;
(9) 
That a neutral decision maker which is an Administrative Law Judge as provided for herein shall determine all of the above issues pursuant to Article VIA, Part B, § C6A-12 of the City Code and all other applicable provisions of law.
(10) 
That an appeal of the hearing decision can be made pursuant to applicable law.
E. 
Within no less than 15 business days and no more than 30 business days after the Office receives such request for a seizure hearing, the Office shall schedule such a hearing and provide the interested party with written notice of the place, time and date of said hearing and any other information required by law.
F. 
Nothing herein shall permit an interested party to contest at said seizure hearing any other violations previously adjudicated lawfully pursuant to the Code. Should more than one interested party request a seizure hearing, said hearings shall be scheduled jointly with any other requested hearing regarding the same tow or seizure of a vehicle.
A. 
Any attempt by any person to tamper with, deface, remove or destroy an immobilization device or to move by any means a vehicle towed or secured as herein provided is a violation and separate from and in addition to the parking violations.
B. 
Any person tampering with, removing, defacing or destroying an immobilization device shall be liable to the City for any loss due to such attempt.
[Amended 9-14-2021 by L.L. No. 12-2021]
A. 
The interested party of any motor vehicle towed or removed from the public streets, highways or elsewhere or stored or immobilized under the authority of this article, or his, her or its agent, before being permitted to obtain release of any impounded or immobilized vehicle such motor vehicle, shall furnish satisfactory evidence as to his, her or its identity and as to the ownership or superior right of possession of such motor vehicle and shall, prior to the delivery of the motor vehicle to him, her or it make payment of all authorized charges incurred in the removal and storage of said motor vehicle, make payment of all outstanding parking fines, adjudicated violations or judgements, including but not limited to red light camera violations, or other violation of the City Code, or any other violation of City laws, rules or regulations; judgments, and costs and satisfy all outstanding traffic warrants as well as New York State Department of Motor Vehicle suspensions lawfully related to the subject vehicle and/or interested party.
[Amended 11-28-2023 by L.L. No. 18-2023]
B. 
A motor vehicle shall not be delivered to the interested party or his, her or its agent by the owner, operator or employee of any public garage or parking facility to which it has been towed, removed or stored except on order or other lawful direction from the appropriate agency or authority of the City of Yonkers indicating that the requirements of this article have been complied with.
C. 
While a vehicle is immobilized as herein provided, any parking restrictions which such vehicle would be in violation of by reason of the immobilization shall be waived and suspended for a period not to exceed three days.
[Amended 9-14-2021 by L.L. No. 12-2021]
The Police Commissioner shall, from time to time, examine available facilities for the towing and storage of such motor vehicles and the cost thereof and may, with the approval of the Mayor, enter into a contract, including the amount to be charged for the towing and storage of motor vehicles, with the owners of such facilities for the towing and storage of motor vehicles removed from the public streets and highways of the City as well as all places under the control of the City pursuant to the authority of this article.