[Amended 9-14-2021 by L.L. No. 12-2021]
It shall be unlawful for any person, his, her or its agent or
employee to park, leave or suffer or permit to be parked or left any
motor vehicle owned or operated by him, her or it which, in the credible
and objective belief based upon facts of a member of the Police Department,
is so disabled as to prevent its operation or which, in his or her
opinion, has been willfully abandoned upon any public street or highway
of the City of Yonkers or property controlled by the City of Yonkers
on which parking is not prohibited or restricted by ordinance or by
regulation of the Police Commissioner for more than one week.
[Amended 9-14-2021 by L.L. No. 12-2021]
The Police Commissioner or his lawful agent shall have power
to remove or to cause to be removed any such motor vehicle parked
or left for a period of more than one week upon any public street
or highway of the City of Yonkers or property controlled by the City
of Yonkers on which parking is not prohibited or restricted.
[Amended 9-14-2021 by L.L. No. 12-2021]
The Police Commissioner shall have power to cause to be removed
from the public streets and highways of the City of Yonkers or property
controlled by the City of Yonkers all motor vehicles parked or abandoned
thereon during snowstorms, floods, fires or other public emergencies
or emergency situations, by towing, to parking places which shall
be designated by the said Police Commissioner in each precinct.
[Amended 9-14-2021 by L.L. No. 12-2021]
A.
When any vehicle is removed as authorized pursuant to provisions in this Code, the Police Commissioner or his lawful agent shall, in the exercise of due diligence, ascertain from the Bureau of Motor Vehicles the name and address of the interested party thereof and shall immediately give or cause to be given notice, in writing by first-class mail with proof of mailing, to such interested party of the fact of such removal and reasons therefor and of the place to which such motor vehicle has been removed. In the event that any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. Notice shall also contain all the information set forth in § 109-134D.
B.
When any vehicle in a damaged condition is left upon a public street
or highway on property controlled by the City of Yonkers without proper
license plate identification or other identification concerning the
identity of any interested party, said vehicle shall be deemed abandoned
by the owner or interested party thereof as abandoned or junk, and
the Police Commissioner, with the approval of the Mayor, may make
arrangements for the disposition thereof as abandoned or junk, 10
days after publication in an official newspaper of the City that said
vehicle will be so disposed of as abandoned. Said publication shall
set forth the time, place, means and manner when any interested party
can seek the recovery of said vehicle and the consequences of not
recovering said vehicle. In the event any claim is made regarding
ownership or other interest in said vehicle, all costs incurred by
the City to remove, store and publish any notice shall be paid by
the owner or other interested party of the subject vehicle.
[Amended 9-14-2021 by L.L. No. 12-2021]
Whenever the Precinct Commander or his lawful is not able to
ascertain the name of the owner or interested party of such motor
vehicle or for any other reason is unable to give notice to the owner
or interested party as hereinbefore provided, and in the event that
the vehicle is not returned to the owner or interested party within
a period of 10 days, then and in that event the Precinct Commander
shall immediately send or cause to be sent a written report of such
removal by mail to the Commissioner of Motor Vehicles of the State
of New York and shall file a copy of such notice with the proprietor
of any garage in which such vehicle may be stored. Such notice shall
include a complete description of the vehicle, the date, time and
place from which removed, the reasons for such removal and the name
and address of the garage or place where the vehicle is stored.
[Amended 9-14-2021 by L.L. No. 12-2021]
The owner of any motor vehicle removed from the public streets
or highways or other property controlled by the City of Yonkers under
the authority of this article, or his agent, before being permitted
to obtain the release of any impounded or immobilized such motor vehicle,
shall furnish satisfactory evidence as to his, her or its identity
and as to the ownership or right to possession of such motor vehicle
and shall, prior to the delivery of the motor vehicle to him, her
or it, make payment of all charges incurred in the removal and storage
of said motor vehicle as well as all fines, penalties, judgments or
other costs regarding said vehicle. Said 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 removed except on order of the Police Commissioner
or a Precinct Commander, and such order shall not be issued until
the provisions of this section relating to identification, ownership
and payment of all charges as set forth herein have been fully complied
with.
[Amended 9-14-2021 by L.L. No. 12-2021]
Title to all removed motor vehicles that have not been redeemed by the interested parties thereof within one month from the commencement of the storage of such removed motor vehicle, or which the Commissioner of Motor Vehicles has refused to accept custody of, shall vest in the City of Yonkers after due notice as set forth herein. Before title shall vest in the City of Yonkers, notice by publication shall be made as set forth in § 109-144B. In addition to said notice, the Police Commissioner or his lawful shall also mail by first-class mail no less than five days prior to the date of publication a notice of such vesting, containing the date of vesting and a brief description of said vehicle and where the vehicle is stored and how the vehicle can be recovered pursuant to the City Code, to the interested party if the name and address of such interested party is known after reasonable due diligence so as to ascertain the mailing contact information of the interested party. Vesting of title in the City shall become absolute 20 days after publication unless the interested party makes application to a court of appropriate jurisdiction to stay any such vesting.
The City Council may authorize the Mayor to enter into a contract
with any person, firm or corporation for the disposal of any or all
vehicles after title to the same is vested in the City, as provided
in the Yonkers City Code.
[Amended 9-14-2021 by L.L. No. 12-2021]
The Police Commissioner or his lawful agent shall from time
to time investigate available facilities for the towing and storage
of vehicles and the cost thereof and may, with the approval of the
Mayor, make necessary arrangements, 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 under the authority of
this article.
