A motor vehicle shall be deemed to be an abandoned
vehicle if left unattended:
A.
Unregistered and/or with no number plates affixed
for more than six hours on any highway or other public place.
B.
For more than 24 hours on any highway or other public
place, except a portion of a highway or public place on which parking
is legally permitted.
C.
For more than 48 hours after the parking of such vehicle
shall have been become illegal, if left on a portion of a highway
or public place on which parking is legally permitted.
D.
For more than 96 hours on property of another if left
without permission of the owner.
If an abandoned vehicle, at the time of abandonment,
is unregistered and/or has no number plates affixed and is of a wholesale
value, taking into consideration the condition of the vehicle, of
$750 or less, ownership shall immediately vest in the local authority
having jurisdiction thereof; and title to the vehicle shall vest in
accordance with applicable law and regulations of the Commissioner;
provided, however, that a local authority shall not be required to
obtain title to an abandoned vehicle that is subject to the provisions
of this section if the vehicle will be sold or otherwise disposed
of as junk or salvage, dismantled for use other than as a motor vehicle
or otherwise destroyed.
A.
Except for vehicles governed by § 300-9, the City of Hudson, having custody of an abandoned vehicle, shall make an inquiry concerning the last owner of such vehicle as follows:
B.
The City of Hudson shall notify the last owner, if known, that the vehicle in question has been recovered as an abandoned vehicle and that, if not claimed, it will be sold at public auction after 10 days from the date such notice was given. If the agency described in Subsection A also notifies the City of Hudson that a lien or mortgage exists, such notice shall also be sent to the lien holder or mortgagee. Notice shall be by certified mail, return receipt requested. Any person claiming such vehicle shall be required to pay the costs of removing and storage of such vehicle.
C.
Ownership of such abandoned vehicles, if unclaimed.
shall vest in the City of Hudson 10 days from the date such notice
is given or, if the last owner cannot be ascertained, when notice
of such fact is received.
A.
The City of Hudson shall determine if an abandoned
vehicle is suitable for operation on the public highways. If so, the
vehicle shall be sold at public auction to the highest bidder or converted
pursuant to the provisions of this article.
B.
If the City of Hudson determines that an abandoned
vehicle is not suitable for operation on the public highways, it shall
remove and destroy the vehicle identification number plate and sell
the vehicle to a vehicle dismantler or scrap processor registered
or certified pursuant to § 415-a of the Vehicle and Traffic
Law or to a vehicle dismantler or scrap processor who does not have
a place of business in this state but who conforms to the laws and
regulations of the state in which he has a place of business.
C.
An abandoned vehicle without a vehicle identification
number plate must be sold only to a vehicle dismantler or a scrap
processor registered or certified pursuant to § 415-a of
the Vehicle and Traffic Law or to a vehicle dismantler or scrap processor
who does not have a place of business in this state but who conforms
to the laws and regulations of the state in which he has a place of
business. Nothing contained herein shall be construed as preventing
the City of Hudson from applying for a replacement vehicle identification
number plate.
A.
No person shall cause any vehicle to be an abandoned
vehicle, There shall be a rebuttable presumption that the owner of
an abandoned vehicle caused such vehicle to be abandoned. A violation
of this section shall be punishable by a fine of not more than $250.
B.
For purposes of this section only, the term “owner”
means any person, corporation, partnership, firm, agency, association,
lessor or organization who at the time of the issuance of a notice
of violation for a violation of this article:
(1)
Is the beneficial or equitable owner of the abandoned
vehicle;
(2)
Has title to such vehicle;
(3)
Is the registrant or co-registrant of such vehicle
registered with the Department of Motor Vehicles of this state or
any other state, territory, district, province, nation or other jurisdiction;
(4)
Uses such vehicle in its renting and/or leasing business;
or
(5)
Is an owner of such vehicle as defined by Subdivision
(a) of § 2101 of the Vehicle and Traffic Law.
The last owner of an abandoned vehicle shall
be liable to the City of Hudson for the costs of removal and storage
of such vehicle.
The City of Hudson incorporates herein all rules
and regulations prescribed by the New York State Commissioner of Motor
Vehicles under and pursuant to Vehicle and Traffic Law § 1224.
Any police officer, code enforcement officer,
towing service owner, operator or employee shall not be held to answer
or be liable for damages in any action brought by the registered owner,
former registered owner or his legal representative or any other person
legally entitled to the possession of a motor vehicle or other vehicle
when the vehicle was processed and sold or disposed of as provided
by this article.
