[Added 8-19-2003 by L.L. No. 5-2003]
The Board of Trustees recognizes that many parking
tickets issued in the Village of Ossining for violations of local
parking laws go unanswered and that appropriate fines that would be
imposed upon conviction for violation of Village of Ossining Parking
rules and regulations have gone uncollected.
[Added 9-1-2021 by L.L. No. 8-2021]
A.
Legislative findings and purposes.
(1)
The Village Board finds that significant numbers of vehicle owners
fail to respond to parking summonses issued for violations of parking
orders, rules, regulations and local laws; that a significant number
of such owners are persistent violators; and that by reason of out-of-state
registration of vehicles, transfer or ownership, reregistration of
vehicles, and other circumstances, violators frequently are able to
evade existing enforcement measures.
(2)
By reason of the foregoing, the Village Board finds that the health,
welfare, and safety of the Village will be served by the adoption
of a local law providing additional means of enforcing parking orders,
rules, regulations and local laws in the case of vehicle owners who
fail to timely respond to summonses issued for Village parking violations.
B.
PARKING VIOLATION DEFAULT
VEHICLE IMMOBILIZATION
VEHICLE IMMOBILIZATION DEVICE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A parking violation default is incurred when an unpaid parking
summons has not been answered by the required appearance date.
The clamping, affixing, or locking of a booting device onto
the wheel of a parked vehicle to prevent the wheel from rotating,
thereby immobilizing the vehicle.
A device that is clamped, affixed or locked onto the wheel
of a parked vehicle to prevent the wheel from rotating, thereby immobilizing
the vehicle until it is unlocked and removed.
[Amended 9-1-2021 by L.L. No. 8-2021[1]]
A.
In addition to any other penalties or fines imposed for the violation
of the provisions of any local law, state law, rule or regulation,
the provisions of this article shall apply to the following categories
of vehicles:
(1)
Vehicles operated or parked on any public street, public highway,
any portion of the entire width between the boundary lines of any
way publicly maintained when any part thereof is opened to the use
of the public for purposes of vehicular travel or on any property
leased by or in the possession or control of the Village of Ossining
in violation of any provision of any local law, state law, rule or
regulations.
(2)
Vehicles which have three or more outstanding and unpaid parking
violations issued against them for which the aggregate permissible
fines total $500 or more and which, after mailing to the registered
owner of a final notice, mailed regular first-class mail, are found
operated or parked on any public street, public highway, any portion
of the entire width between the boundary lines of any way publicly
maintained when any part thereof is opened to the use of the public
for purpose of vehicular traffic or on any property leased by or in
the possession and control of the Village of Ossining.
B.
Any such vehicle may be removed or caused to be removed by or under
the direction of a member of the Police Department by towing or otherwise.
In addition to or in lieu of towing, any such vehicle may be immobilized
in such manner as to prevent its operation, except that no such vehicle
shall be immobilized by any means other than by the use of an immobilization
device or other mechanism which will cause no damage to such vehicle
unless it is moved while such device or mechanism is in place. In
any such case involving immobilization of a vehicle pursuant to this
subsection, such member of the Police Department shall cause to be
placed on such vehicle, in a conspicuous manner, a notice containing
the following information:
(1)
The location and a description of the vehicle.
(2)
The date and time of the installation of the vehicle immobilization
device and the signature of the installer.
(3)
Notice that any person tampering with, defacing, removing, or destroying
the vehicle immobilization device will be subject to criminal prosecution
and liable for any loss to the Village resulting from damage to the
device.
(4)
The steps which must be taken by the owner of the vehicle to obtain
its release.
(5)
Notice that the vehicle may be towed if it remains in the same location
for 72 hours after immobilization.
(6)
Such other information, statements, notices, and warnings as the
Chief of Police may, from time to time, determine to be appropriate.
C.
Within two business days after towing or immobilization, the Police
Department shall notify the owner of such vehicle by regular mail
of the fact of the towing or immobilization, the place where the vehicle
may be recovered and the conditions under which it will be released.
D.
The Village shall provide warning signs, advising of the possibility
of towing, on public streets where towing may be done and at the entrance
to any Village parking lots where towing may be done.
[Amended 9-1-2021 by L.L. No. 8-2021[1]]
A.
Generally. The individual attempting to redeem a vehicle that has
been immobilized or towed under this article must demonstrate to the
satisfaction of the Town of Ossining Justice Court Clerk that he or
she is the owner of the vehicle or is authorized to act on behalf
of the owner. It shall be a defense that the vehicle in question was
stolen and thereafter parked illegally; however, this defense shall
only be available when a bona fide report of the theft has been filed
with a police department. In the event of a theft, the vehicle owner
shall be responsible for paying the towing and storage fees associated
with towing and storage of the vehicle.
B.
Release of immobilized vehicles.
(1)
To obtain a release of an immobilized vehicle, the owner of the vehicle
shall visit the office of the Town Justice Court during normal business
hours and provide the Town Justice Court Clerk with payment in full
of all outstanding Village parking violations relating to the vehicle.
Should an owner wish to contest any of the delinquent parking tickets,
the owner shall post a cash bond equal to the amount of the fines
due for the contested tickets along with any late fees. The cash bond
will be held by the Town Justice Court Clerk pending the disposition
of the contested tickets. Upon receiving payment for all outstanding
parking tickets or a combination of payment and cash bond, the Town
Justice Court Clerk shall provide the owner with a certificate as
proof of payment.
(2)
After obtaining the certificate described above, the owner of the
immobilized vehicle shall go to the Ossining Police Department and
present the certificate. The owner shall pay to the Police Department
the administrative charge to cover the cost of booting and releasing
the vehicle. That fee is set out in the Village's annual fee schedule.
Thereafter, a representative from the Police Department, designated
by the Chief of Police shall remove the immobilization device in a
reasonably prompt manner.
(3)
Parking tickets may be issued to a vehicle fitted with a vehicle
immobilization device and penalties will continue to accrue until
payment is made.
C.
Release of vehicles subject to towing.
(1)
To obtain a vehicle subject to towing under this article, the owner
of such vehicle shall visit the office of the Town Justice Court during
normal business hours and provide the Town Justice Court Clerk with
payment in full of all outstanding Village parking tickets relating
to the vehicle. Should an owner wish to contest any of the delinquent
parking tickets, the owner shall post a cash bond equal to the amount
of the fines due for the contested tickets along with any late fees.
The cash bond will be held by the Town Justice Court Clerk pending
disposition of the contested tickets. Upon receiving payment for all
outstanding Village parking tickets or a combination of payment and
cash bond, the Town Justice Court Clerk shall provide the owner with
a certificate as proof of payment. At the same time, the Town Justice
Court Clerk also shall provide the owner of the vehicle with the name
and contact information of the tow company that towed and stored the
vehicle.
(2)
After obtaining the certificate described in Subsection C(1) above, the owner of the towed vehicle shall obtain from the Ossining Police Department a Police Department release form which form, along with the certificate described in Subsection C(1), shall be presented to the towing company where the vehicle is being stored. The owner of the towed vehicle shall pay the tow truck operator (see Chapter 247) the required towing and storage fees as published in the Village's annual fee schedule before the towed vehicle can be released.
D.
Unauthorized removal of vehicle.
(1)
If after a vehicle has been immobilized or towed, any person shall remove such vehicle without complying with § 250-66A, B and/or C or shall do any damage to the immobilization device, then the owner of such vehicle and the person removing such vehicle or doing such damage shall be liable for any damage to the immobilization device and in addition be punishable as provided in Chapter 1, General Provisions, Article III.
[1]
Editor's Note: This local law repealed former § 250-66,
Responsibility of Ossining Police Department and parking enforcement
officers.
[Added 9-1-2021 by L.L. No. 8-2021[1]]
A.
Whenever a vehicle, other than an abandoned vehicle, that has been
immobilized or towed pursuant to this article is not claimed within
10 calendar days, it shall be the responsibility of the Chief of Police
or designee to mail a notice of removal, via certified mail, to the
last registered owner, if such can be ascertained with reasonable
diligence. Such notice shall state:
(1)
The date of towing or immobilization and the place of storage.
(2)
What must be done by the owner to secure release of the vehicle.
(3)
That if the vehicle is not claimed within 10 calendar days of receipt
of the notice (calculated as three days from mailing) the vehicle
will be sold at a public auction by the Village of Ossining.
(4)
That if personal property within the vehicle is unclaimed within
10 days of receipt of the notice, the property will become the property
of the Village of Ossining and be disposed of according to law and
procedures established by the Village Treasurer.
B.
If the vehicle is not claimed within 10 calendar days of the date
the owner receives the notice or of the date the postal service reports
the notice was undeliverable to the owner, the Chief of Police or
designee shall notify the Village Treasurer who shall arrange for
the vehicle to be sold at public auction. Further, if personal property
within the vehicle is unclaimed within 10 calendar days of the notice,
the Chief of Police or designee shall be responsible to secure the
property and turn the same over to the Village Treasurer for disposition.
C.
Abandoned vehicles shall be disposed of in accordance with § 1224
of the Vehicle and Traffic Law.
[1]
Editor's Note: This local law repealed former § 250-67,
Redemption of vehicle.
[Added 9-1-2021 by L.L. No. 8-2021[1]]
The proceeds from the sale of any vehicle sold as provided in § 250-67 of this chapter shall be applied first to the costs of the sale; second against towing charges; third against any storage charges; and fourth to any and all unpaid delinquent parking tickets issued in the Village of Ossining against the vehicle and any other vehicles registered to the owner. In the event that the sale proceeds exceed the above cost and charges, the excess shall be held without interest by the Village Treasurer for the benefit of the owner for a period of one year. If the proceeds remain unclaimed after the one-year period, the proceeds shall be paid into the Village’s general fund.
No person shall tamper with, attempt to remove,
deface or damage a boot which has been affixed to a vehicle pursuant
to the provisions of this article. A conviction for a violation of
this section shall be punishable by a maximum fine of $250.[1]
[1]
Editor's Note: Former § 250-70, Abandoned vehicles,
which immediately followed this section, was repealed 9-1-2021 by
L.L. No. 8-2021.
