[HISTORY: Adopted by the Town Board of the Town of Harrison 2-16-1983
as L.L. No. 1-1983. Section 223-4 amended and § 223-7
added at time of adoption of Code; see Ch. 43, General Provisions, Art. I.
Other amendments noted where applicable.]
A.
The Town Board finds that significant numbers of vehicle
owners fail to respond to parking summonses 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 Town Board finds that
the health, welfare and safety will be served by adoption of a local law 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 issued for parking violations.
C.
The Town Board does hereby ordain and enact this chapter
to accomplish the aforesaid purposes.
A.
The Chief of Police hereby is authorized to provide for
the immobilization of vehicles against which two or more parking summonses
have been issued if two or more of such summonses have not been answered within
45 days of the appearance date or dates shown on such summonses.
B.
Such vehicles may be immobilized and left where found,
secured by the use of a wheel lock or such other immobilization device as
may be designated by the Chief of Police or, in the sole discretion of the
Chief of Police, may be impounded.
[Amended 4-5-1995 by L.L. No. 1-1995]
C.
Such immobilization or impound shall be at the sole expense
of the owner of the vehicle.
[Amended 4-5-1995 by L.L. No. 1-1995]
When an immobilization device is used, the Police Department or its
agents shall attach to the vehicle, in such form as may be directed by the
Chief of Police, a notice containing the following information:
A.
The location and identifying characteristics of the vehicle.
B.
The date and time of placement of the device and signature
of installer.
C.
Notice that further parking restrictions will be waived
during the immobilization period for a period of five days from the date of
immobilization.
D.
Notice that any person tampering with the device or the
vehicle will be subject to criminal prosecution and liable for any loss to
the town.
E.
The steps which the owner must take to obtain the release
of the vehicle.
F.
Such other information, statements, notices and warnings
as the Chief of Police may, from time to time, determine to be appropriate.
[Amended 2-19-1986 by L.L. No. 2-1986]
No person shall attempt to or shall tamper with, deface, remove or destroy
an immobilization device or move a vehicle immobilized as herein provided.
[Amended 4-5-1995 by L.L. No. 1-1995]
Any vehicle immobilized as herein provided shall be released to its
owner upon payment of the expenses of immobilization, which hereby are found
to be $100, and upon payment of all impound charges, towing charges and outstanding
fines as they relate to such vehicle. An order must be obtained from the Town
Court authorizing such release. Such an order may only be obtained during
regular business hours of the Court.
While a vehicle is immobilized as herein provided, any parking restrictions
of which such vehicle may be in violation shall be suspended as they apply
to such vehicle for a period of five days from the date of immobilization.
[Added 2-19-1986 by L.L. No. 2-1986]
Any person violating any of the provisions of this chapter shall, upon
conviction, be punishable by a fine not to exceed $250 or by imprisonment
for a term not to exceed 15 days, or both.
