[HISTORY: Adopted by the Board of Trustees
of the Village of Mamaroneck 4-25-1977 as L.L. No. 5-1977, effective 4-29-1977. Sections 322-1B,
322-4 and 322-6 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. (Local Law No.
5-1977 was included as Ch. 5-C of the Unified Code
of Ordinances.) Other amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 326.
A.
No person shall cause any motor vehicle to be an abandoned
vehicle. A motor vehicle shall be deemed an "abandoned vehicle" if
left unattended:
[Amended 9-11-1978 by L.L. No. 10-1978, effective 9-18-1978; 2-22-2016 by L.L. No. 4-2016,
effective 3-28-2016; 3-27-2017 by L.L. No. 3-2017,
effective 4-3-2017]
(1)
Highways or other public places for more than seven days.
(a)
On any highway or other public place for more than seven consecutive
days, except in a Village-owned parking lot, in which case for no
more than 14 consecutive days.
(b)
In the event that an owner of a registered vehicle provides information as to a condition that will cause his or her vehicle to remain unattended for seven or more consecutive days, he or she may apply for a permit from the Village exempting them from the provisions of § 322-1A(1)(a).
(2)
With no number plates affixed thereto for more than six hours on
any highway or other public place, or if it is not a legally registered
vehicle by reason of expiration or registration of improper registration.
(3)
For more than 24 hours on any highway or other public place where
parking is not legally permitted.
(4)
For more than 48 hours after the parking of such vehicle shall have
become illegal if left on a portion of a highway or public place on
which parking is legally permitted.
(5)
While said vehicle is parked in those areas which have been duly
designated and conspicuously posted as tow-away zones during said
authorized tow-away periods.
(6)
For more than seven days on property of another if left without permission
of the owner.
B.
Violation of this section shall be punishable by a
fine of not more than one hundred dollars ($100.).
[Amended 9-11-1978 by L.L. No. 10-1978, effective 9-18-1978; 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
[Amended 11-22-1982 by L.L. No. 15-1982, effective 12-1-1982]
A vehicle deemed to be abandoned shall be subject
to removal from the public highway by the Village of Mamaroneck or
its designated representative.
[Amended 11-22-1982 by L.L. No. 15-1982, effective 12-1-1982]
The last registered owner of the abandoned vehicle
shall be liable to the Village of Mamaroneck or the private contractor
designated by the Village of Mamaroneck in accordance with the schedule
supplied by the private contractor to the Village Manager.
[Amended 11-22-1982 by L.L. No. 15-1982, effective 12-1-1982; 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
If an abandoned vehicle, at the time of abandonment,
has no number plates affixed or is not legally registered or is improperly
registered and is of a wholesale value of seven hundred fifty dollars
($750.) or less, title shall immediately vest in the Village of Mamaroneck
or its designated representative, who shall comply with the New York
State law governing abandoned vehicles.
[Amended 11-22-1982 by L.L. No. 15-1982, effective 12-1-1982]
Except for vehicles covered by § 322-4 of this chapter, the Village of Mamaroneck or its designated representative shall make inquiry through the Police Department concerning the last registered owner of such vehicle as follows:
[Amended 11-22-1982 by L.L. No. 15-1982, effective 12-1-1982; 3-23-1987 by L.L. No. 5-1987, effective 4-2-1987]
In the event that the wholesale value of a vehicle
is more than seven hundred fifty dollars ($750.), the Village of Mamaroneck
or its designated representative, who shall comply with the New York
State law concerning abandoned vehicles, shall advise the last registered
owner, if any, that the vehicle in question has been recovered and
deemed an "abandoned vehicle." If the Police Department of the Village
of Mamaroneck or its designated representative is put on notice that
a lien or mortgage exists, notice shall also be sent to the lienholder
or mortgagee.
A.
Any person claiming such abandoned vehicle shall be
required to pay the cost of removal and storage of such vehicle.
B.
Title to any such abandoned vehicle shall vest in
the Village of Mamaroneck or its designated representative, who shall
comply with the New York State law concerning abandoned vehicles,
if unclaimed for a period of ten (10) days from the date said notice
was mailed to the last registered owner or lienholder or mortgagee,
if any, and such vehicle may be sold at public auction.
C.
When it is ascertained that the identity of the last
registered owner cannot be determined, title will then vest in the
Village of Mamaroneck or its designated representative after compliance
with the New York State law concerning abandoned vehicles.
[Amended 11-22-1982 by L.L. No. 15-1982, effective 12-1-1982]
Any proceeds from the sale of an abandoned vehicle,
less any expense incurred by the Village of Mamaroneck or its designated
representative, shall be held by the Village of Mamaroneck or its
designated representative in accordance with the New York State law
governing the sale and disposition of abandoned vehicles.
