[HISTORY: Adopted by the Common Council of
the City of Ithaca 9-2-1998 by Ord. No. 98-24[1]; amended in its entirety 3-4-2020 by Ord. No. 2020-02.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 6.
Traffic Violations Bureau — See Ch. 116.
Recreational vehicles — See Ch. 316.
Vehicles and traffic — See Ch. 346.
[1]
Editor's Note: This ordinance also repealed former Ch. 317,
Vehicles, Removal of, adopted 2-1-1995 by Ord. No. 95-3, as amended.
Unless otherwise expressly provided, for the purpose of this
chapter, the following words shall have the meanings herein indicated:
A vehicle that has been left unattended and has not moved
in 72 hours on any public street, highway or parking facility.
The geographical area of the City of Ithaca.
Includes any incident where a fee, charge or other consideration
is, directly or indirectly, imposed for towing, carrying or removing
any vehicle, and shall be inclusive of repairs made on a towed vehicle
for a consideration, although no charge is expressly imposed for the
towing of such a vehicle.
The towing of a vehicle made at the request of someone other
than the owner or operator of the vehicle towed.
Includes the control and direction of the use of a vehicle
for towing from places within the City of Ithaca, for hire.
Includes an individual, partnership, unincorporated association,
corporation or other entity.
Any place of business of a tow truck operator located within
the County of Tompkins.
The moving of a vehicle from public or private property by
another vehicle for hire.
A vehicle which is equipped with a crane, winch or similar
device designed to raise, remove or carry a motor vehicle or the front
or rear end thereof.
Includes a person owning, leasing or controlling one or more
tow trucks and driving, operating or causing any such vehicle to be
operated upon the public highways for hire.
A motor vehicle, as defined in § 125 of the Vehicle
and Traffic Law of the State of New York; a bus, as defined in § 104
of such law; a tractor, as defined in § 151-a of such law;
a trailer, as defined in § 156 of such law; or a truck,
as defined in § 158 of such law.
The City of Ithaca shall follow the provisions of the City of
Ithaca Tow Service Requirements and Policy. Said policy shall be posted
to the City website and filed in the City Clerk's office.
A.
A vehicle may be removed by the Superintendent of Public Works, the
Police Chief, the Fire Chief or their designated staff members in
the following instances:
(1)
When any vehicle is found unattended on any highway or public parking
lot within the City during a snowstorm, flood, fire or other public
emergency which affects that portion of the public highway or public
parking lot upon which said vehicle is parked or abandoned.
(2)
When any vehicle is found unattended on any highway, public parking
lot or private property within the City where said vehicle constitutes
an obstruction to traffic, a safety hazard, has been left unattended
and has not moved in 72 hours, or obstructs ingress to and egress
from private property.
(3)
When any vehicle interferes, obstructs or restricts the mobility
of or blocks the path of travel of a Fire Department emergency vehicle
in any way, or hampers any Fire Department operation.
(4)
When a designated fire lane is obstructed in any manner, including
the parking or standing of vehicles, on private or public property.
(5)
When any vehicle deters or hinders the immediate access to fire protection
equipment or fire hydrants.
(6)
In instances involving property appurtenant to and obviously part
of a one-, two-, or three-family residence.
(7)
Where notice is personally given to the owner or other legally authorized
person in control of the vehicle that the area in which that vehicle
is parked is reserved or otherwise unavailable for unauthorized vehicles
and that such unauthorized vehicles are subject to being removed at
the owner's or operator's expense.
(8)
Where a duly authorized traffic ticket for illegal parking has been
issued.
(9)
Where posted signage indicating that parking is not permitted. Such
signage shall meet the following requirements:
(a)
The signage must be prominently placed 24 hours prior to the
towing or removal of the vehicle from the premises.
(b)
The person posting the signs shall be responsible for documenting
the date, time, and location that signs are placed and shall be required
to provide that information to City officials upon request.
Whenever a person has failed to respond to at least five separate
notices of violation for separate parking violations, the City may
send to the owner of the motor vehicle by mail a notice to the effect
that such person has failed to respond to at least five separate notices
of violation for separate parking violations and that the owner's
vehicle is subject to being impounded and/or being immobilized. Upon
the mailing of such letter, the owner of the vehicle shall immediately
be responsible for the cost of sending such notice, including administrative
overhead. The owner shall have 10 days from the date of mailing of
such letter to respond to the notices of violation. If the owner does
not respond to all the notices of violation within said ten-day period,
and thereafter the vehicle is found unattended, parked upon a street
or any City-owned property or property under the jurisdiction or control
of the City, the vehicle may be impounded by or under the direction
the Chief of Police or Superintendent of Public Works or their designees
giving authorization to a commercial towing or wrecker service to
tow the vehicle and store it in a safe place until claimed by the
owner; or it may be immobilized by or under the direction of the Chief
of Police or Superintendent of Public Works or their designees in
such a manner as to prevent its operation.
The operator of a vehicle shall be liable for the fines and
penalties imposed for violations of improper parking, standing, or
stopping. In addition, except as provided in § 239, Paragraph
2, Subdivision b or e, of the New York State Vehicle and Traffic Law,
the owner of the vehicle, even if not the operator thereof, shall
be jointly and severally liable with the operator thereof if such
vehicle was used or operated with the permission of the owner, express
or implied, but in such case the owner may recover any fine or penalties
paid by him/her from the operator.
A.
Vehicles may be towed away or removed without additional notice to
the owner in the following instances:
(1)
From property appurtenant to and obviously a part of a one-, two-,
or three-family residence.
(2)
Where notice is given to the owner or other legally authorized person
in control of the vehicle that the area in which that vehicle is parked
is reserved or otherwise unavailable for unauthorized vehicles, and
that such unauthorized vehicles are subject to being removed at the
owner's or operator's expense.
B.
Additional notice required. Private property owners shall not authorize
or participate in the towing, storage or disposition of vehicles illegally
parked or abandoned unless the owner or person(s) in charge of the
vehicle shall be notified by one of the following methods:
(1)
By posted signage on the premises meeting the following requirements:
(a)
The notice must be prominently placed on the premises and be
continuously maintained on the premises for 24 hours prior to the
towing or removal of any vehicle from the premises;
(b)
The notice must clearly indicate, in letters not less than two
inches high on a contrasting background, that unauthorized vehicles
will be towed away at the owner's or operator's expense.
The notice must state clearly how long, if at all, or under what conditions
a vehicle may park before being towed or removed from the premises;
(2)
By issuance of a duly authorized traffic ticket for illegal parking.
A vehicle tow report will be completed by the Police Department and
name the property owner as the complainant.
C.
If the vehicle is not removed after proper notice is given as set
forth above, the vehicle may be towed immediately thereafter.
D.
If the vehicle is to be towed by order of a private property owner after such notice as required in Subsections A and B above, the tow truck operator shall inform the 911 Dispatch Center immediately after removal. The identifying information regarding the vehicle shall be entered into a log to be maintained by the 911 Dispatch Center.
E.
When towing of a vehicle from private property is being effected
pursuant to this section, the towing operator called must be one listed
on the City of Ithaca rotation list.
F.
The Ithaca Police Department and the City of Ithaca shall not be
responsible for the costs associated with towing a vehicle from private
property.
This chapter shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City
Charter.
