[Added 8-23-2007 by L.L. No. 9-2007]
This article way be cited as the "Booting and
Towing Law of the City of Auburn, New York."
A.
The City Council finds that significant numbers of
vehicle owners fail to respond to parking summonses issued for violations
of parking orders, rules, regulations 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 Council 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 and local laws in the case of vehicle owners who
fail to timely respond to summonses issued for parking vehicles or
have outstanding fines for parking violations.
C.
The City Council does hereby enact this article as
a local law to accomplish the aforesaid purposes.
A.
The Chief of Police, and/or any police officer, is
hereby authorized to provide for immobilization or towing of vehicles
against which there are fines or charges for parking violations in
excess of $100 wherein notification has been issued and has not been
answered within 45 days of the issuance date or dates shown on the
notice of upon which there are outstanding fines for parking violations
which have not been paid.
B.
Such vehicles may be immobilized and left where found
secured by the use of a steel lock or such other immobilization device
as may be designated by the Chief of Police, and/or any police officer,
or, in the alternative, may be towed by the City's authorized towing
company to a specified lot or yard.
C.
Such immobilization and/or towing shall be at the
expense of the owner of the vehicle and shall include all storage
charges and/or any other charge attributable thereto, including all
fines and penalties due for parking vehicles.
D.
Any vehicle that has been immobilized and not lawfully
released or lawfully removed by the owner of the vehicle for 72 hours
from the time of such initial immobilization may be impounded and
towed at the direction of the Chief of Police and/or any police officer,
which removal and storage shall be at the expense of the owner of
the vehicle.
E.
When a vehicle has been immobilized, it may be towed by the Auburn
Police Department prior to the seventy-two-hour time limit if the
immobilized vehicle, at the direction and discretion of the Chief
of Police, is creating a public safety or traffic hazard.
[Added 11-6-2014 by Ord. No. 10-2014]
When an immobilization device is used, the Police
Department and/or the Traffic Enforcement Department or their agents
shall attach to the vehicle, in such form as may be directed by the
Chief of Police and/or the Traffic Enforcement Officer, 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 the 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 City.
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 and/or the Traffic Enforcement Officer may
from time to time determine to be appropriate.
A.
Any vehicle immobilized as herein provided shall be
promptly released to its owner upon;
(1)
Payment of the expenses of immobilization, hereby
found to be $100 and the costs of towing, storage and all incidental
charges, together with payment of all fines and penalties for delinquent
parking tickets or judgments against the owner arising from such nonpayment.
(2)
An order of the City Court authorizing such release.
The City Court shall coordinate with the Traffic Enforcement Officer
to ascertain that the expense of immobilization and all other costs
referenced in this section have been paid before authorizing the release
of the vehicle.
(3)
The owner furnishing security for appearance in the
City Court to answer parking summonses outstanding against such vehicle
and the expense of immobilization or towing and storage.
(4)
Proof of ownership and current automobile registration
issued to the City Court Clerk.
B.
The operator or owner will be issued a receipt authorizing
pickup of the vehicle or to have the boot removed. Payment shall be
by cash, certified check, bank check or money order.
C.
The amount of such security shall not exceed the total
of the maximum fines permitted upon conviction of the offenses charged
in outstanding summonses against the vehicle or the vehicle owner's
failure to timely answer, plus the expense of the immobilization.
D.
While a vehicle is immobilized as herein provided,
any parking restriction of which such vehicle may be in violation,
except as provided herein, shall be suspended as they apply to such
vehicle for a period of three days from the initial date of immobilization.
