[Adopted 5-23-2025 by L.L. No. 10-2025]
A. 
The Board of Trustees of the Village of East Hampton finds that a significant number of vehicle owners fail to respond to parking summonses issued for violations of parking orders, rules, regulations, ordinances and local law and that a significant number of such owners are persistent violators.
B. 
By reason of the foregoing, the Village Board of Trustees finds that the public's health, welfare and safety will be served by the adoption of a local law that provides additional means of enforcing parking orders, rules, regulations, ordinances and local laws in the case of vehicle owners who fail to timely respond to summonses issued for parking violations.
C. 
The Village Board of Trustees hereby orders and enacts this chapter to accomplish the aforesaid purposes.
As used in this chapter, the following terms shall have the meanings indicated:
OWNER
The title owner of a vehicle as identified by the registration records of the New York State Department of Motor Vehicles with respect to a vehicle subject to the provisions of this chapter.
VEHICLE
A machine propelled by power other than human power, designed to travel along the ground, to transport persons or property or pull items or machinery, and shall include, without limitation, automobiles, trucks, trailers, motorcycles, scooters, e-bikes, all-terrain vehicles, recreational vehicles, campers, and tractors.
In addition to any other penalties or fines imposed for the violation of any parking law, rule or regulation, the provisions of this chapter shall apply to vehicles:
A. 
That have three or more outstanding and unpaid parking summonses issued against them (at least two of which have been issued on separate dates) and a minimum of three of which remain outstanding for a period of 30 days of the appearance date or dates shown on such summonses; and;
B. 
Which, after mailing and notice to the registered owner at the last address shown for such owner in the Department of Motor Vehicles' registration records, are found operated, standing or parked on any public street, public highway or private road open to public travel, including any portion of the entire width between the boundary lines of said roads, streets or highways, paved or unpaved, or on any property owned, leased by or otherwise in the possession and control of the Village of East Hampton.
A. 
Any vehicle to which this chapter applies as defined in § 267-46-3 above may be removed or caused to be removed by or at the instruction of an officer of the Village of East Hampton Police Department by towing or otherwise.
B. 
Within 48 hours or by the first business day after towing, the Village Police Department shall send a certified letter to the registered owner of such vehicle at the address described in § 267-46-3 above of the fact of its towing, the place where it may be recovered and the conditions under which it will be released.
A. 
Any vehicle removed and impounded as herein provided shall be promptly released to its owner upon:
(1) 
Payment in full of all sums due the Village for any and all parking violations issued and outstanding against such vehicle and/or any other vehicle owned by such person;
(2) 
Payment of the cost of any and all towing charges involved in the towing of the subject vehicle(s);
(3) 
Payment of the cost of storage for each day or portion of a day that such vehicle is stored;
(4) 
Payment of any and all administrative fees related to the towing and storage of vehicles as may be determined from time to time by resolution of the Village Board of Trustees and set forth in the schedule of fees of the Village of East Hampton; and
(5) 
Presentation by the owner, or agent of the owner, of sufficient proof and identification to establish such party's identity and right to possession of the vehicle, and upon signing a receipt therefor.
B. 
If an impounded vehicle has not been properly and lawfully released within 10 days after the owner of such vehicle is notified that the vehicle has been towed and impounded, then such vehicle shall be deemed to be an abandoned vehicle. In such case, the following procedure shall be followed by the Village of East Hampton with respect to such vehicle.
(1) 
The Village shall make an inquiry concerning the last owner of such abandoned vehicle as follows:
(a) 
If the abandoned vehicle had number plates affixed to it, the inquiry shall be directed to the jurisdiction which issued such number plates.
(b) 
If the abandoned vehicle did not have number plates affixed to it, inquiry shall be directed to the Department of Motor Vehicles.
(2) 
The Village shall notify the last owner, if known, that the vehicle has been recovered as an abandoned vehicle and that, if it is not claimed, it will be sold at public auction, by bid, or the ownership of such vehicle may be transferred to the tow company in lieu of towing and storage charges after 10 days from the date of notice. If the agency notified as per § 267-46-5B above notifies the Village that a lien or other security interest exists, a notice will be promptly sent to the lienholder or party in interest. This notice shall be given in the manner presented by the Commissioner of Motor Vehicles. Any party claiming the abandoned vehicle shall be required to pay the amounts described in § 267-46-5A above.
(3) 
If the Village determines that an abandoned vehicle is not suitable for operation on the public highways, the Village shall sell the vehicle or cause the vehicle to be delivered to a vehicle dismantler or scrap processor who is registered or certified pursuant to § 415-a of the Vehicle and Traffic Law of the State of New York.
(4) 
If the abandoned vehicle is not released by the owner or lienholder in accordance with this chapter, the Village may:
(a) 
Sell the vehicle at auction and apply the proceeds as follows:
[1] 
To the towing service (for the cost of towing and storage for each day); then
[2] 
To the Village of East Hampton, for the costs of towing and impounding, to the extent incurred by the Village of East Hampton; then
[3] 
To the Village of East Hampton, for all sums legally due the Village of East Hampton for parking violations issued and outstanding against such vehicle and the administrative fees associated therewith; then
[4] 
The remainder, if any, to the owner and any known lienholder. Any proceeds from the sale of an abandoned vehicle less expenses incurred by the Village shall be held by the Village without interest for the benefit of the owner of such vehicle for a period of one year. If not claimed within such one-year period, such proceeds shall be paid into the general fund of the Village.
Or the Village may:
(b) 
Convert unclaimed vehicles to Village use as follows:
[1] 
The Village may convert, in any calendar year, up to one unclaimed abandoned vehicle not affected by Subdivision 2 of § 1224 of the Vehicle and Traffic Law of the State of New York.
Any person who, after having had his/her vehicle towed shall, in addition to the other charges provided for herein, be liable for a fine of up to $250.