[Added 2-21-2024 by L.L.
No. 10-2024]
A private property owner with a publicly accessed parking lot,
who wishes to have a vehicle towed without the written consent of
the owner of the vehicle, shall comply with the following requirements:
A. The parking lot shall have conspicuously posted, at each entrance,
signs (at least four feet high with at least two-inch-high lettering),
which shall contain the following information:
(1) A statement warning that illegally parked vehicles will be towed,
together with any other lawful conditions imposed on use of the parking
lot which could result in towing if violated.
(2) The hours during which this prohibition is applicable.
(3) The name and phone number of the towing company contracted by the
owner of the parking lot.
(4) The property owner's name.
B. Upon entering into an agreement with a towing company, the property
owner shall supply the towing company with a signed letter, a copy
of which shall be filed with the Riverhead Town Clerk and the Riverhead
Town Police Department, and shall contain the following:
(1) The name, address, and phone number of the owner.
(2) The address and description of the property.
(3) The name of the authorized tow company.
(4) The cost of the tow to be paid by the vehicle owner.
(5) The specific violations for which the tows/seizures are authorized.
(6) The specific days and hours during which towing is authorized.
(7) The location where the vehicles will be stored.
A tow company or tow truck operator shall comply with the following
regulations when seizing or towing vehicles for privately owned, publicly
accessed parking lots, without the written consent of the owner of
the vehicle:
A. Tow companies shall enter into an agreement with the property owner
prior to any towing of vehicles.
B. The seizure or tow of a vehicle is only authorized when the owner
of the property or his or 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.
C. The tow truck operator shall have a copy of the signed letter stated above in §
289-68B from the property owner in his or her possession.
D. The tow truck operator shall have a written seizure/tow authorization
in his or her possession, to tow a specific vehicle, which shall be
signed by the property owner or his representative prior to the seizure/tow.
This authorization shall contain the following information:
(1) Date and time of the seizure/tow.
(2) Location of the seizure/tow.
(3) Reason for the seizure/tow.
(4) Cost of the seizure/tow to be paid by the vehicle owner.
(5) Location to which the vehicle is towed.
(6) Description of the vehicle (plate number, vehicle identification
number, year, make, model, color and notation of any damage to the
vehicle).
(7) Name and address of the tow truck operator.
(8) Tow company name, address and phone number.
E. Immediately after the tow truck operator seizes or tows a vehicle,
he or she shall provide a copy of the seizure/tow authorization to
the Riverhead Town Police Department.
Any person who violates any provision of this article shall
be guilty of a violation and be subject to a fine of not less than
$500 nor more than $1,500 and/or a period of incarceration not to
exceed 15 days.
This article shall be deemed effective and apply to any actions
occurring on or after March 1, 2024.