[HISTORY: Adopted by the Board of Trustees
of the Village of East Rockaway 9-18-2006 by L.L. No. 6-2006. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 275.
A.
In addition to any other penalties or fines imposed
for the violation of this chapter, the provisions of this section
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 open
to the use of the public for purposes of vehicular travel or on any
property leased by or in the possession and control of the Village
of East Rockaway in violation of any provision of any local law, state
law, rule or regulation.
(2)
Vehicles which have one or more outstanding and unpaid
parking violations issued against them and which, after mailing to
the registered owner a final notice, 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 open to the use of the public for purposes of vehicular
travel, or on any property leased by or in the possession and control
of the Village of East Rockaway.
[Amended 8-11-2014 by L.L. No. 3-2014]
B.
Any such vehicle may be removed or caused to be removed
by or under the direction of the Village Clerk by towing or otherwise,
and impounded. In addition to or in lieu of towing and impounding,
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 a 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 case involving immobilization of
a vehicle pursuant to this subsection, such Village employee shall
cause to be placed on such vehicle, in a conspicuous manner, notice
sufficient to warn any individual to the effect that any attempt to
move such vehicle might result in damage to such vehicle.
C.
Notification of owner; failure to secure release of
immobilized vehicle.
[Amended 1-14-2008 by L.L. No. 1-2008]
(1)
Within 24 hours after towing and impounding or immobilization,
the Village Clerk shall notify the owner of such vehicle of the fact
of its towing and impounding or immobilization, the place where it
may be recovered and the conditions under which it will be released.
(2)
If the owner of an immobilized vehicle fails to secure
the release of said vehicle within three business days after it has
been immobilized, the Village may arrange to have said vehicle towed
and impounded.
D.
Release of vehicle.
(1)
Before the owner or person in charge of any vehicle
taken into custody or immobilized as above provided shall be allowed
to repossess or secure the release of said vehicle, the owner or his
agent shall pay the following:
(a)
All sums legally due for any Village of East
Rockaway parking violations issued and outstanding against such vehicle,
plus an administrative processing fee in an amount established, and
amended from time to time, by resolution of the Board of Trustees.
[Amended 9-10-2007 by L.L. No. 16-2007]
(c)
To the towing company, the cost of towing and
impounding such vehicle and the cost of storage for each day or portion
of a day that such vehicle is so stored in excess of the first 24
hours.
[Amended 1-14-2008 by L.L. No. 1-2008]
(2)
No such vehicle shall be released until the owner
or his agent has established his identity and right to possession
and signed a proper receipt therefor.
E.
Any person who, after having had his vehicle towed and impounded or immobilized, shall remove such vehicle without complying with Subsection D(1) and (2) shall, in addition to the charges provided for in said subsection, be liable for any damage done to the immobilization device or mechanism and be subject to a fine of up to a maximum of $1,000.
F.
If an impounded vehicle has not been properly and lawfully released within 10 days after the Village Clerk notifies the owner of such vehicle of the impounding pursuant to Subsection C above, then such vehicle shall be deemed to be an abandoned motor vehicle.
(1)
The Village Clerk shall make an inquiry concerning
the last owner of such abandoned vehicle as follows:
(2)
The Village Clerk shall notify the last owner, if known, that the vehicle has been recovered as an abandoned vehicle and that, if it is not claimed, it will be sold at public auction, by bid, or the ownership of such vehicle may be transferred to the tow company in lieu of towing and storage charges after 10 days from the date of notice. If the agency notified as per Subsection F(1) above notifies the Village Clerk that a lien or other security interest exists, a notice will be promptly sent to the lienholder or party in interest. This notice shall be given in the manner presented by the Commissioner of Motor Vehicles. Any party claiming the abandoned vehicle shall be required to pay the amounts described in Subsection D(1) above.
(3)
If the Village Clerk determines that an abandoned
vehicle is not suitable for operation on the public highways, he or
she shall sell the vehicle or cause the vehicle to be delivered to
a vehicle dismantler or scrap processor who is registered or certified
pursuant to the Vehicle and Traffic Law § 415-a.
(4)
If the abandoned vehicle is not released by the owner or lienholder in accordance with Subsection D above, the Village may:
(a)
Sell the vehicle at auction and apply the proceeds
as follows:
[1]
To the towing service, the cost of storage for
each day; then
[2]
The costs of towing and impounding incurred
by the Village of East Rockaway; then
[3]
All sums legally due the Village of East Rockaway
for parking violations issued and outstanding against such vehicle
and the impound administrative fee; then
[4]
The remainder to the owner and any known lienholder.
(b)
Convert unclaimed vehicles to Village use.
[1]
The Village may convert in any calendar year
up to 1% of its unclaimed abandoned vehicles not affected by Subdivision
2 of § 1224 of the Vehicle and Traffic Law or two such vehicles,
whichever is greater, to its own use.
[2]
Any proceeds from the sale of an abandoned vehicle
less expenses incurred by the Village shall be held by the Village
without interest for the benefit of the owner of such vehicle for
a period of one year. If not claimed within such one-year period,
such proceeds shall be paid into the general fund of the Village.
G.
The last owner of an abandoned vehicle shall be liable
to the Village for the costs of removal and storage of such vehicle.
In addition to or in lieu of towing and impounding and immobilization, the Village may commence a civil enforcement proceeding against the owner of any such vehicle described in § 277-1A of this chapter, and seek the entry of a civil judgment against the owner for all outstanding amounts owed on unpaid parking violations. If the owner thereafter fails to make payment on the judgment when due, the Village may enforce the judgment in the manner used for any civil judgment pursuant to Article 52 of the CPLR, including, but not limited to, obtaining a lien on the vehicle and seizing the vehicle in satisfaction of the judgment.
A.
Before a sale of a vehicle is held pursuant to a judgment
lien, the Village Clerk shall serve a notice of sale upon the owner
with due diligence within the Village of East Rockaway if such owner
can be found where such lien arose. If such service cannot be made
with due diligence within the Village of East Rockaway, then such
notice shall be served by mailing it via first class mail to the owner
at his last known place of residence or last known post office address.
A like notice shall be served in the same way upon any other person
who has given to the Village notice of an interest or perfected a
security interest in the vehicle subject to the lien, or who is listed
as a lienholder upon the certificate of title of the vehicle.
B.
Notice.
(1)
The notice of sale required pursuant to this Subsection A above shall contain a statement of the following facts:
(2)
The notice shall also require the owner to pay the
amount of the lien on or before a day mentioned therein, not fewer
than 10 days from service thereof, and shall state the time when and
place where the vehicle will be sold if such amount is not paid.
