City of Oswego, NY Article X Removal and Storage of Vehicles

[Amended 11-28-1988; 11-8-2004 by Res. No. 424-2004]

§ 257-70 Authority to impound vehicles.

A. 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, said vehicle may be removed by or under the direction of the Police Department of the City of Oswego.

B. When any vehicle is found unattended on any street, highway or parking lot within the city where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or under the direction of the Police Department or the Traffic Section of the City of Oswego.

C. 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 Oswego.

D. After the removal of any vehicle as provided in this article, the vehicle shall be stored in a suitable place at the expense of the owner. For the purpose of this section, a "suitable place" shall be deemed to mean a properly fenced-in area owned or maintained by the City or a privately owned fenced-in area for which a towing company has provided a bond and evidence of insurance in the minimum amount of $1,000,000 naming the City of Oswego as an additional named insured on such policy. The Traffic Section shall maintain a list of such suitable places. A storage charge shall be $20 per day. Such charge shall be in addition to any fine payable for violation of laws, ordinances, rules or regulations.

[Added 4-13-2009]

§ 257-71 Authority to impound or immobilize vehicles for delinquent parking tickets.

[Amended 4-13-2009]

A. The City of Oswego finds that a significant number of vehicle owners fail to respond to parking summonses (tickets) 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 City of Oswego finds that the health, welfare and safety will be served by adoption of an ordinance 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 (tickets) issued for parking violations.

C. The Chief of Police or his/ her designee is hereby authorized to provide for the removal of and/or immobilization of vehicles against which three or more parking summonses (tickets) have been issued if three or more of such summonses (tickets) have not been answered within 60 days of the issuance date or dates shown on such summonses (tickets).

D. Any such vehicle found to be operating or parked on any Oswego City street, highway or parking area may be removed under the direction of the Police Department. In addition to, or in lieu of, towing, 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 member of the Police Department 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.

E. If full payment of the outstanding fines for parking violations is not made by 5:00 p.m. on the day the vehicle is immobilized by a "boot" device, the Police Department may have the vehicle removed by towing or other means, and the registered owner would also be responsible for towing and storage fees.

F. Release of vehicle. Before the owner or person in charge of any vehicle taken into custody, or immobilized as above provided, shall be allowed to repossess or to secure the release of said vehicle, the owner or his/her agent shall pay, in cash or certified check, or the posting of a security bond, the following:

(1) To the City of Oswego: all sums legally due for parking fines issued against such vehicle and any motor vehicle registered in the name of the registered owner of the impounded motor vehicle.

(2) To the City of Oswego: a fee as set out in § 257-72C for the application and removal of said boot or immobilization device placed on such vehicle.

(3) To the towing service: the cost of towing and storage as set out in § 257-72B, if applicable.

G. If, after a vehicle has been towed or immobilized, any person shall remove such vehicle without complying with Subsection F(1) or shall do any damage to the immobilization device, then the owner of such vehicle and the person removing such vehicle or doing such damage shall, in addition to any other fines or penalties provided for under this subsection, be charged with criminal mischief, a Class A misdemeanor, and shall be liable for any damage done to the immobilization device or mechanism and in addition, be subject to a fine of not more than $100. In the event that the damages caused to the immobilization device or mechanism renders the said immobilization device or mechanism unable to be used again, then the person(s) damaging said immobilization device or mechanism shall be charged with a felony and shall be liable for the damages done to the immobilization device or mechanism and, in addition, be subject to a fine of not more than $500.

(1) The owner of such vehicle may, as a defense to this Subsection G, plead and prove that at the time of such removal or damage, such vehicle was stolen, but only if, prior to such act or acts, notice of a stolen vehicle had been given to the applicable police authority.

§ 257-72 Storage; charges; fees.

A. After the removal of any vehicle as provided in this article, or in accordance with any other law, ordinance, rule or regulation governing the same, the vehicle shall be stored in a suitable place at the expense of the owner. For the purpose of this section, a "suitable place" shall be deemed to mean a properly fenced-in area owned or maintained by the city or a privately owned fenced-in area for which a towing company has provided a bond and evidence of insurance in an amount deemed satisfactory by the City Attorney. A list of such suitable places shall be maintained by the Traffic Section.

[Amended 5-29-2012]

B. The owner or person in charge of the vehicle may redeem the same upon receipt of payment of the outstanding parking fines, in accordance with § 257-71F(l) and/or amount of all expenses actually and necessarily incurred in effecting such removal. Removal charges shall be $75, and storage charges shall be $20 per day or a fraction thereof. Such charges shall be in addition to any fine payable due to violation of laws, ordinances, rules or regulations.

[Amended 4-13-2009]

C. The owner or person in charge of the vehicle shall pay a fee of $50 for the placement of the immobilization device or mechanism on his or her vehicle.

§ 257-73 Notice of removal.

The Traffic Violations Bureau shall, without delay, ascertain, to the extent possible, the owner of the vehicle or person having the same in charge and shall notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem the same.