[Amended 8-1-2006 by L.L. No. 4-2006, approved 8-18-2006]
When any vehicle is parked or abandoned on any street, highway or parking area within this City during a snowstorm, flood, fire or other public emergency which affects that portion of the public street, highway or parking area upon which said vehicle is parked or abandoned, or when any vehicle is found unattended on any street, highway or parking lot within the City where said vehicle constitutes an obstruction to traffic or when any vehicle is parked or abandoned on any street, highway or parking lot within this City where stopping, standing or parking is prohibited, said vehicle may be removed by or under the direction of the Police Department of the City of Kingston.
A. 
The Common Council of the City of Kingston finds that significant numbers of vehicle owners fail to respond to parking summonses issued for violations of parking orders, rules, regulations, ordinances and local laws; that a significant number of such owners are persistent violators; and that by reason of out-of-state registration of such vehicles, transfer of ownership and reregistration of such vehicles and other devices, violators frequently are able to evade existing enforcement measures.
B. 
By reason of the foregoing, the Common Council of the City of Kingston finds that the health, welfare and safety will be served by adoption of a local law providing 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 Common Council of the City of Kingston does hereby ordain and enact this article to accomplish the aforesaid purposes.
A. 
The Chief of Police, Comptroller or designee hereby is authorized to provide for the immobilization of vehicles against which three or more parking summonses have been issued if two or more of such summonses have not been answered within 45 days of the appearance date or dates shown on such summonses.
B. 
Such vehicles may be immobilized and left where found, secured by the use of a steel lock or such other immobilization device as may be designated by the Chief of Police, Comptroller or designee.
C. 
Such immobilization shall be at the expense of the owner of the vehicle.
D. 
Any vehicle that has been immobilized and not lawfully released or lawfully removed by the owner of the vehicle for 72 hours from the time of such initial immobilization may be impounded by the Chief of Police, which removal, boot release fee and storage shall be at the expense of the owner of the vehicle.
E. 
Storage and charges for storage and removal of vehicles for other than parking summonses shall be as provided in § 390-64.
A. 
When an immobilization device is used, the Police Department, or its agents, or Parking Violations Bureau employees shall attach to the vehicle, in such form as may be directed by the Chief of Police, Comptroller or designee, a notice containing the following information:
(1) 
The location and identifying characteristics of the vehicle.
(2) 
The date and time of placement of the device and the signature of the installer.
(3) 
Notice that further parking restrictions will be waived during the immobilization period for a period of five days from the date of immobilization.
(4) 
Notice that any person tampering with the device or the vehicle will be subject to criminal prosecution and liable for any loss to the City.
(5) 
The steps which the owner must take to obtain the release of the vehicle.
(6) 
Such other information, statements, notices and warnings as the Chief of Police, Comptroller or designee may from time to time determine to be appropriate.
B. 
Notice of removal of a vehicle and recovery of the vehicle by the owner for other than parking summonses shall be as provided in § 390-64.
A. 
No person shall attempt to or tamper with, deface, remove or destroy an immobilization device or move a vehicle immobilized as herein provided.
B. 
A violation of this section shall be punishable by a fine not exceeding $250 or by imprisonment for up to 10 days, or both.
A. 
Any vehicle immobilized as herein provided shall be promptly released to its owner upon:
(1) 
Payment of the expenses of immobilization which hereby are found to be $40; and either
(2) 
An order of the City Court authorizing such release; or
(3) 
The owner furnishing security for appearance in City Court to answer parking summonses outstanding against such vehicle and the expense of immobilization.
B. 
The amount of such security shall not exceed the total of the maximum fines permitted upon conviction of the offenses charged in outstanding summonses against the vehicle or the vehicle owner's failure to timely answer, plus the expense of immobilization.
C. 
Any police officer on desk duty at the Kingston Police Station or Parking Enforcement Officer, or Parking Violation Bureau Employee(s) of the Comptroller's Office of the City of Kingston shall be authorized to establish a date for the vehicle owner's appearance in Kingston City Court to answer outstanding parking summonses, to determine the amount of security required and to accept same together with the expense of immobilization. In determining the amount of such security, consideration shall be given to the likelihood of the vehicle owner appearing in Kingston City Court to answer outstanding summonses and the number of outstanding summonses involved. Security payments shall be promptly transmitted to the Kingston City Court.
D. 
While a vehicle is immobilized as herein provided, any parking restrictions of which such vehicle may be in violation, except as provided herein, shall be suspended as they apply to such vehicle for a period of three days from the initial date of immobilization.