Every person convicted of a traffic infraction
for a violation of any provision of this chapter which is not a violation
of any provision of the Vehicle and Traffic Law of the State of New
York shall, for a first conviction thereof, be punished by a fine
of not more than $50 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment; for a second such conviction
within 18 months thereafter, such person shall be punished by a fine
of not more than $100 or by imprisonment for not more than 45 days,
or by both such fine and imprisonment; upon a third or subsequent
conviction within 18 months after the first conviction, such person
shall be punished by a fine of not more than $250 or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
A.
Except those parts, if any, which are subject to approval
under § 1684 of the Vehicle and Traffic Law of the State
of New York, this chapter and any regulations adopted hereunder shall
take effect as provided by law.
B.
Any part or parts of this chapter and any regulations
adopted hereunder which are subject to approval under § 1684
of the Vehicle and Traffic Law of the State of New York shall take
effect from and after the day on which approval in writing is received
from the New York State Department of Transportation.
[Added 6-19-2017 by L.L.
No. 4-2017]
A.
Legislative findings and purpose.
(1)
The Village Board 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 vehicles, transfer of ownership, reregistration of
vehicles, and other circumstances, violators frequently are able to
evade existing enforcement measures.
(2)
By reason of the foregoing, the Village Board finds that the health,
welfare, and safety of the Village will be served by adoption of a
Village 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 Village
parking violations.
B.
PARKING VIOLATION DEFAULT
TOWING
TOW TRUCK
VEHICLE
VEHICLE IMMOBILIZATION
VEHICLE IMMOBILIZATION DEVICE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A parking violation default is incurred when an unpaid parking
summons has not been answered by the required appearance date.
The moving of a vehicle subject to towing by a tow truck,
as herein discussed.
A vehicle that is equipped with a crane, winch, tow bar,
push plate, or other device designed to pull or push a vehicle or
to raise a vehicle by the front or rear end thereof.
Includes a motor vehicle as defined in § 125 of
the Vehicle and Traffic Law, as may be amended from time to time;
a tractor as defined in § 151-a of such law; or a trailer
as defined in § 156 of such law.
The clamping, affixing, or locking of a booting device onto
the wheel of a parked vehicle to prevent the wheel from rotating,
thereby immobilizing the vehicle.
A device that is clamped, affixed, or locked onto the wheel
of a parked vehicle to prevent the wheel from rotating, thereby immobilizing
the vehicle until it is unlocked and removed.
C.
Vehicle immobilization.
(1)
The Chief of Police is hereby authorized, in lieu of towing a vehicle,
to provide for vehicle immobilization with respect to vehicles which
have three or more outstanding Village parking violation defaults
against them.
(2)
Notice. When a vehicle immobilization device is used, the Police
Department or Parking Enforcement Officer shall attach or cause to
be attached to the vehicle, in a conspicuous manner, in such form
as may be directed by the Chief of Police, a notice containing the
following information:
(a)
The location and a description of the vehicle.
(b)
The date and time of the installation of the vehicle immobilization
device and signature of the installer.
(c)
Notice that any person tampering with, defacing, removing, or
destroying the vehicle immobilization device will be subject to criminal
prosecution and liable for any loss to the Village resulting from
damage to the device.
(d)
The steps which must be taken by the owner of the vehicle to
obtain its release.
(e)
Notice that the vehicle may be towed if it remains in the same
location for 72 hours after the vehicle immobilization.
(f)
Such other information, statements, notices, and warnings as
the Chief of Police may, from time to time, determine to be appropriate.
D.
Towing.
(1)
Vehicles subject to towing. The Chief of Police is hereby authorized
to provide for the towing and impoundment of vehicles which have three
or more outstanding Village parking violation defaults against them
and which, after mailing a notice of the Village parking violation
defaults and stating the vehicle's eligibility to be towed and impounded
to the registered owner at the address provided by the Department
of Motor Vehicles records, and not receiving a response for a period
of seven days after having mailed said notice, are found operated
or parked on any public street, public highway, or Village roadway,
or in any Village parking lots where towing may be done.
[Amended 4-24-2023 by L.L. No. 5-2023]
(2)
Signage. The Village shall provide warning signs, advising of the
possibility of towing, on public streets where towing may be done
and at the entrance to any Village parking lots where towing may be
done.
E.
Release of vehicle to owner.
(1)
Generally.
(a)
The individual attempting to redeem a vehicle that has been
immobilized or towed must demonstrate to the satisfaction of the Village
Court Clerk that he or she is the owner of said vehicle or is authorized
to act on behalf of such owner.
(b)
It shall be a defense that the vehicle in question was stolen
and thereafter parked illegally; however, this defense shall only
be available when a bona fide report of the theft has been filed with
a police department. In the event of a theft, the owner of the vehicle
shall still be responsible for paying the towing and storage fees
associated with towing and storage of the vehicle directly to the
tow company.
(2)
Release of immobilized vehicles.
(a)
To obtain the release of an immobilized vehicle, the owner of
said vehicle shall visit the office of the Village Justice Court during
normal business hours and provide the Justice Court Clerk with payment
in full of all outstanding Village parking violations relating to
the vehicle. Upon receiving payment for all outstanding Village parking
violations, the Justice Court Clerk shall provide the owner with a
certificate as proof of payment.
(b)
After obtaining the certificate described above in Subsection E(2)(a), the owner of an immobilized vehicle shall visit the office of the Police Department during normal business hours and present said certificate. Thereafter, the Chief of Police, his duly designated agent, or the Parking Enforcement Officer shall remove the vehicle immobilization device in a reasonably prompt manner.
(c)
New parking summonses may be issued to a vehicle that has been
fitted with a vehicle immobilization device, and penalties will continue
to accrue until payment is made.
(3)
Release of vehicles subject to towing.
(a)
To obtain the release of a vehicle subject to towing, the owner
of said vehicle shall visit the office of the Village Justice Court
during normal business hours and provide the Justice Court Clerk with
payment in full of all outstanding Village parking violations relating
to the vehicle. Upon receiving payment for all outstanding Village
parking violations, the Justice Court Clerk shall provide the owner
with a certificate as proof of payment. At the same time, the Justice
Court Clerk shall also provide the owner of the vehicle with the name
and contact information of the tow company that towed and is storing
the vehicle.
(b)
After obtaining the certificate described above in Subsection E(3)(a), the owner of a vehicle subject to towing shall visit the tow company and present said certificate. Thereafter, the owner of the vehicle shall pay the tow company the required towing and storage fees. Towing and storage fees shall be as established by resolution of the Village Board of Trustees from time to time. Upon payment of the tow company's fees, the company shall release the vehicle to the owner in a reasonably prompt manner.
F.
Tampering with or attempted removal of a vehicle immobilization device.
Any person who attempts to remove, deface, or destroy a vehicle immobilization
device, having no lawful right to do so, shall be in violation of
this Village chapter. Notwithstanding any other provision of this
chapter, the fine for such violation shall be $300, plus all actual
expenses for replacement and/or repair of the vehicle immobilization
device.
