[Added 5-8-1996, approved 5-9-1996]
No person shall tow or cause to have towed an unauthorized motor vehicle from a private or public parking lot, as heretofore defined, unless the following requirements have been complied with:
A.
A towing permit shall have been obtained for the premises from the City Clerk and an annual fee of $100 paid to the City of Mount Vernon for each lot covered by the permit.
[Amended 10-8-2014, approved 10-9-2014]
B.
A sign of minimum dimensions of three feet by three feet shall be conspicuously posted at each entrance and exit to the parking lot and wherever else the Commissioner deems necessary. Each sign must contain the following information:
(1)
A statement that any car parked without authorization on the premises shall be towed at the owner's expense.
(2)
The towing fee to be charged, said fee not to exceed $65 for the first offense and $100 for a second or subsequent offense, with the maximum fine in each and every instance which may be imposed not to exceed $250.
[Amended 9-8-1999, approved 9-9-1999; 3-27-2019, approved 4-2-2019]
(3)
The per-diem storage fee charged shall not exceed $10.
[Amended 9-8-1999, approved 9-9-1999]
(4)
The permit number.
(5)
The name, address and telephone number of where the motor vehicle can be claimed.
C.
Only a person licensed by the City of Mount Vernon pursuant to this chapter may tow said vehicle from said premises.
D.
The charge for towing and storage shall not exceed the maximum permitted charges as provided by this chapter.
E.
It shall be unlawful for a licensed tower to tow from a private or public parking lot unless a permit has been issued to said premises.
F.
No permit issued hereunder shall be transferred to another premises.
G.
The City of Mount Vernon and one-family and two-family residential properties are exempt from this section.
H.
The owner of the vehicle is to be notified, in writing, by certified mail, within five days of removal by the licensed tow operator. In the event that the owner is not so notified, no additional per-diem charges shall accrue after the fifth day.
I.
Upon pickup, the licensed tow operator must notify the Police Department radio room of the color, make, year and model of the auto towed from the private property, as well as the date and time and complete Form MV-31A at Mount Vernon Police Headquarters. The tow operator must also maintain a running log of all vehicles picked up pursuant to this section, listing the date and time of pickup, the color, make, year and model number of the vehicle picked up and time of the call to the Police Department and the name of the person receiving the information.
J.
The licensed tow operator shall be required to maintain for a two-year period all billing and towing records for vehicles towed from private and public parking lots as defined in this chapter and shall be required to make available for inspection all such records to the Commissioner or the Commissioner's designee upon demand.
K.
Booting.
[Added 9-8-1999, approved 9-9-1999]
(1)
Where the operator of a booting service places a booting device on an unattended motor vehicle parked without authorization on a privately owned real property under the direction of the owner or an individual acting on behalf of the owner of such property, said operator shall immediately notify the Police Department. Said operator shall only be entitled to charge the owner of such motor vehicle the maximum fee of $45 for the placement and removal of such booting device.
[Amended 5-9-2012, approved 5-10-2012]
(2)
No person shall boot or cause to have booted an unauthorized motor vehicle from a private or public parking lot, as heretofore defined, unless the following requirements have been complied with:
(a)
A sign with minimum dimensions of three feet by three feet shall be conspicuously posted at each entrance and exit to the parking lot and where else the Commissioner deems necessary. Each sign must contain the following information:
[1]
A statement that any car parked without authorization on the premises shall be booted at the owner's expense.
[2]
The booting fee to be charged, which shall not exceed $45.
[Amended 5-9-2012, approved 5-10-2012]
[3]
The name, address and telephone number of booting company, and how the boot can be removed.