[Adopted 6-20-1983 by L.L. No. 7-1983]
[Amended 4-7-1986 by L.L. No. 2-1986; 11-19-1990 by L.L. No. 8-1990]
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,
on any public highway, on 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 Rockville Centre, in violation of any provision of any
local law, state law, rule or regulation or when such vehicle is on
said street, highway or Village-controlled property during a public
emergency.
(2) Vehicles which have three 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, on any public highway, on 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 Rockville Centre.
B. Any such vehicle may be removed or caused to be removed
by or under the direction of a member of the Police Department by
towing or otherwise. In addition to or in lieu of towing, any such
vehicle may be immobilized in such a 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.
C. Within 24 hours after towing or immobilization, the
Police Department shall notify the owner of such vehicle of the fact
of its towing or immobilization, the place where it may be recovered
and the conditions under which it will be released.
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 to secure the release of said vehicle, the owner or
his/her agent shall pay the following:
(a)
All sums legally due for any Village of Rockville
Centre parking violations issued and outstanding against such vehicle.
(b)
To the Village of Rockville Centre, the cost
of towing the vehicle and an impound administrative fee to be determined
by resolution of the Mayor and Board of Trustees.
(c)
To the towing service, 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.
(2) No such vehicle shall be released until the owner
or his agent has established his identity and right to possession
and has signed a proper receipt therefor.
E. Any person who, after having had his vehicle towed 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 not more than $250.
F. If an impounded vehicle has not been properly and lawfully released within 10 days after the Police Department 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 Police Department shall make an inquiry concerning
the last owner of such abandoned vehicle as follows:
(a)
If the abandoned vehicle had number plates affixed
to it, the inquiry shall be directed to the jurisdiction which issued
such number plates.
(b)
If the abandoned vehicle did not have number
plates affixed to it, inquiry shall be directed to the Department
of Motor Vehicles.
(2) The Police Department 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 Police Department 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 Police Department determines that an abandoned
vehicle is not suitable for operation on the public highways, it 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 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 incurred by the Village
of Rockville Centre; then
[3]
All sums legally due the Village of Rockville
Centre 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.