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