[HISTORY: Adopted by the Common Council of the City of Kingston 8-7-1984
by L.L. No. 3-1984, approved 8-28-1984, as Ch. 75 of the 1984 Code. Amendments
noted where applicable.]
[Amended 4-4-1995 by L.L.
No. 4-1995; approved 4-21-1995]
It shall be unlawful for any person, firm or corporation either as owner,
occupant, lessee, agent, tenant or otherwise to store or deposit or cause
or permit to be stored or deposited any abandoned motor vehicle, or any junked
motor vehicle, or any discarded motor vehicle, or any motor vehicle which
is not operable, or any vehicle which is not validly registered with valid
current license plates upon any private land, upon the surface of such land
within the corporate limits of the City of Kingston, New York.
In the event that such person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, violates any of the provisions of this chapter, the City of Kingston, acting through its duly authorized agents, officers, servants and employees, may enter upon the land of such person and remove said motor vehicle and cause the same to be destroyed. The expense incurred by the city shall be assessed against the land on which such vehicle is stored or deposited, shall constitute a lien thereon and shall be collected as provided by law. Such action may be taken by the City of Kingston only after five days have elapsed from the date of serving of the written notice as provided in § 384-3.
[Amended 4-4-1995 by L.L.
No. 4-1995; approved 4-21-1995]
If the provisions of the foregoing section are violated, the City Clerk
or the person or persons designated by him in writing may serve written notice,
either personally or by mail upon the owner, occupant or person having charge
of any such land to comply with the provisions of this chapter. The notice
shall be in substantially the following form:
|
To the owner, occupant or person having charge of land known on the assessment maps of the City of Kingston, as ....................................................... ........................................................ Notice is hereby given that an abandoned, junked, discarded or inoperable motor vehicle or motor vehicle which is not validly registered with valid current license plates has been found stored or deposited upon the above-described property in the City of Kingston. This automobile must be removed within five days from the date of this notice. In case you fail or refuse to comply with this notice on or before the expiration of said five days from the date of this notice, the City of Kingston, acting through its duly authorized agents, servants, officers and employees, may enter upon your land and remove and cause the same to be destroyed. The expense incurred by the city will be assessed against the above described land and shall constitute a lien thereon and be collected as provided by law. The city shall not be required to remove these vehicles but may rather seek to prosecute any violator pursuant to § 384-4.
|
[Amended 4-4-1995 by L.L.
No. 4-1995; approved 4-21-1995]
Any owner, occupant, lessee, agent or tenant who shall violate any provision of this Chapter 384 or who shall fail or refuse to comply with the provisions of any notice herein provided for, or who shall violate any of the provisions of this chapter or who shall resist or obstruct the duly authorized agents, servants, officers and employees of the city in the removal and destruction thereof, shall be, upon conviction thereof, fined a sum not exceeding $100 for each violation thereof. In addition to the penalty herein provided that the violation thereof shall constitute disorderly conduct, and the person violating the same shall be a disorderly person.
[Added 1-9-1990 by L.L. No.
2-1990; approved 1-31-1990[1]]
A.Â
It is the purpose and intent of this chapter, as amended,
to establish an orderly system for the safe and expeditious removal of disabled
motor vehicles from the streets of the City of Kingston and to remove vehicles
and dispose of vehicles abandoned on streets located in the City of Kingston.
B.Â
The provisions of this chapter shall not prohibit the
driver or owner of a vehicle which needs towing service from contracting with
any towing company of his own choice, provided that:
(1)Â
The vehicle is not being towed by police order pursuant
to an arrest or a violation of law or statute or for police investigation.
(2)Â
The towing service contracted with has the ability to,
and actually does, respond within a reasonable period of time, as determined
by the police officer in charge at the scene, taking into consideration traffic
conditions and the safety and well-being of those affected by the situation.
C.Â
Services provided by an authorized city tower not specifically
covered by this chapter shall not be regulated by the City of Kingston and
will be based solely on the contract which exists between the towing company
and the driver/owner of the vehicle.
[1]
Editor's Note: This local law repealed former § 384-6, When
effective. See now § 384-12.
[Added 1-9-1990 by L.L. No.
2-1990; approved 1-31-1990]
As used in this chapter, the following terms shall have the meanings
indicated:
An abandoned vehicle as defined in § 1224 of the Vehicle
and Traffic Law of the State of New York.
Any accident or occurrence in which one or more motor vehicles comes
in contact with each other or any other object, thereby causing damage to
or disabling a motor vehicle.
A towing company which has been approved by the City of Kingston Police Department pursuant to Chapter 370 of the Kingston City Code.
The City of Kingston.
A person who operates or drives or is in actual physical control
of an authorized tow truck upon the highways located in the City of Kingston.
The City of Kingston Police Department.
The carrying, lifting or moving of a single motor vehicle by another
motor vehicle.
[Added 1-9-1990 by L.L. No.
2-1990; approved 1-31-1990]
The Police Department may direct the removal of vehicles in the following
circumstances:
A.Â
When any vehicle is parked or abandoned on any highway
within the city during a snowstorm, flood, fire or other public emergency
which affects that portion of the public highway upon which said vehicle is
parked or abandoned.
B.Â
When any vehicle is found unattended on any highway within
the city where said vehicle constitutes an obstruction to traffic.
C.Â
When any vehicle is parked or abandoned on any highway
within the city where stopping, standing or parking is prohibited.
D.Â
When any vehicle is disabled and rendered inoperable
as a result of neglect or collision/accident upon a public highway or right-of-way.
[Amended 2-7-2006 by L.L. No. 2-2006,
approved 2-23-2006]
E.Â
When any vehicle is abandoned on public property.
F.Â
When any abandoned vehicle is on private property and
upon the request of the owner of the property.
[Added 1-9-1990 by L.L. No.
2-1990; approved 1-31-1990]
Title to abandoned vehicles with or without number plates affixed shall
vest in the City of Kingston pursuant to the authorization and the time schedule
contained in § 1224 of the Vehicle and Traffic Law. Any police officer
or any Corporation Counsel shall have the authority to dispose of any vehicle
pursuant to § 1224 of the Vehicle and Traffic Law and to provide
the notification which may be required in some instances pursuant to § 1224
of the Vehicle and Traffic Law.
[Added 1-9-1990 by L.L. No.
2-1990; approved 1-31-1990]
In addition to the penalties set forth above, the city may commence
an action in its own name against any person in any civil court of competent
jurisdiction to seek an injunction to enforce compliance with this chapter.
Such an action for injunctive relief may be independent of or a part of an
action to collect damages that may have been incurred.
[Added 1-9-1990 by L.L No.
2-1990; approved 1-31-1990]
Any police officer or enforcement officer shall have and is hereby given
the authority to go upon any parcel of real property in the city, public or
private, exclusive of enclosed structures or buildings, at any time during
daylight hours to examine and inspect any vehicles or parts or components
thereof to determine whether a violation of this chapter has been committed
or to determine the conditions of any vehicle or parts or components thereof.
The officer need not notify the property owner prior to entering on such property.
[Added 1-9-1990 by L.L. No.
2-1990; approved 1-31-1990]
This chapter shall take effect immediately after final passage, public
hearing and approval of the Mayor of the City of Kingston, New York, as provided
by law.
