[Added 5-10-1982 by Ord. No. 82-44]
A.
Pursuant to the provisions of towing, immobilization
and storage, authorized in § 1640(a) of the Vehicle and
Traffic Law of the State of New York, the Chief of Police shall have
the power and authority to provide for the removal, immobilization
and storage of:
[Amended 3-24-2003 by Ord. No. 2003-8[1]]
(1)
Vehicles parked in violation of any statute, ordinance,
rule or regulation; and
(2)
Vehicles on which there are outstanding traffic warrants
or fines for parking violations; and
(3)
Any vehicles currently owned by persons or entities
against whom there are outstanding traffic warrants or fines for parking
violations.
[1]
Editor's Note: This ordinance provided that
it take effect 6-1-2003.
B.
Such vehicles may be removed, immobilized and stored
by or under the direction of a member of the Police Department, including
community service officers. Parking Division employees are designated
as agents of the Chief of Police to immobilize vehicles only and are
not authorized to remove and store vehicles unless specifically authorized,
in writing, by a member of the Police Department, including community
service officers. Removal by means of towing or other means of removal,
securing by use of a wheel lock or other immobilization and storage
shall be at the expense and risk of the owner of the vehicle. Additionally,
said owner shall also be subject to an administration fee, the amount
of which shall be set by resolution of the City Council, for each
vehicle so removed or stored.
[Amended 3-16-1992 by Ord. No. 92-08; 8-11-2003 by Ord. No. 2003-13; 7-8-2013 by Ord. No.
2013-20]
[Amended 3-16-1992 by Ord. No. 92-08]
When an immobilization device is used, the Police
Department or its agents and the Parking Division employees shall
attach to the vehicle, in such form as 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 the
signature of installer.
C.
Notice that further parking restrictions will be waived
during the immobilization period.
D.
Notice that any person tampering with the device or
the vehicle will be subject to prosecution and liable for any loss
to the City.
E.
The steps which the owner must take to obtain release
of the vehicle.
F.
Such other information, statements, notices and warnings
as the Chief of Police shall from time to time determine.
Any attempt by any person to tamper with, deface,
remove or destroy an immobilization device or to move by any means
a vehicle towed or secured, as herein provided, may result in the
prosecution of such person for an offense separate from and in addition
to the parking violations; in addition, such person shall be liable
for any loss suffered by the City due to any such attempt.
[Amended 3-16-1992 by Ord. No. 92-05]
A.
Any vehicle removed, immobilized or stored as herein
provided shall be promptly released to its owner upon the payment
of outstanding parking fines, the satisfaction of outstanding traffic
warrants and the payment of any impound fine and storage charges due
thereon. Additionally, said owner shall also be subject to an administration
fee, the amount of which shall be set by resolution of the City Council,
for each vehicle so removed or stored.
[Amended 5-10-1999 by Ord. No. 99-09; 7-8-2013 by Ord. No. 2013-20]
B.
While a vehicle is immobilized as herein provided,
any parking restrictions of which such vehicle may be in violation
shall be suspended and waived as they apply to such vehicle.
