[Added 5-17-1991 by L.L. No. 9-1991]
A.
Any vehicle parked in violation of this chapter upon
which a summons for violation of the same has been affixed shall be
immobilized or removed upon the direction of a police officer. Such
vehicle shall be removed by towing in the event that multiple violations
have been issued or such vehicle constitutes an immediate traffic
and/or safety hazard, or for other good cause. Vehicles shall be removed
to an impound area located within the Town of East Hampton.
B.
The owner of any vehicle immobilized and/or removed
shall be required to pay all charges relating thereto, including any
fees for daily storage, the amounts thereof to be set from time to
time by resolution of the Town Board. All such charges and fees must
be paid before the vehicle may be released and/or surrendered to the
owner unless a statement from the Justice Court of the Town of East
Hampton is presented stating that the charge for violation of the
subject parking regulation has been dismissed.
[Added 5-17-1991 by L.L. No. 9-1991]
A.
The Town may contract with such number of independent
operators to tow and/or immobilize vehicles as the Town Board shall
deem necessary upon recommendation of the East Hampton Town Police
Department. The Town shall contract only with independent operators
meeting the following minimum qualifications (not to preclude the
Police Department's using their tow vehicle in situations it deems
necessary or appropriate):
(1)
The operator maintains an inventory of not less than
10 vehicle-immobilizing devices (boots) of a type acceptable to and
approved for such use by the Town Board and has a licensed, registered
and insured wrecker capable of towing vehicles as per the New York
State Vehicle and Traffic Law.
(2)
The operator maintains an area within the boundaries
of the Town of East Hampton for impoundment of any and all vehicles
towed pursuant to this chapter and has insurance covering damage and
theft to properties and vehicles while in custody of the tow operator.
(3)
The operator maintains in effect a policy of insurance
providing for liability coverage in an amount of not less than $1,000,000
and property damage in an amount of not less than $250,000 per occurrence.
All such policies shall name the Town of East Hampton as a coinsured.
The operator shall furnish to the Town a certificate of insurance
evidencing the Town of East Hampton as coinsured and further providing
that, in the event that such policy is canceled for any reason, the
insurer shall provide the Town with written notice thereof not less
than 20 days from the date said policy is to terminate.
(4)
The operator shall be registered with the Department
of Motor Vehicles as a valid motor vehicle repair shop and shall provide
the Town with a hold harmless agreement providing that the operator
shall protect and indemnify the Town from any and all claims for loss
or damage resulting from the acts or omissions of the operator in
immobilizing and towing of vehicles pursuant to its agreement with
the Town of East Hampton.
B.
The Town police shall have the right to suspend any operator for such periods as may be necessary or appropriate in the event that such operator fails to comply with the requirements of Subsection A of this chapter and/or its agreement with the Town. An operator shall remain suspended until such time as the condition leading to suspension has been satisfactorily corrected. An operator may be suspended permanently in the event that it exhibits a course of conduct which repeatedly violates the provisions of this chapter or its agreement with the Town. In the event that the Town suspends an operator, the operator shall be entitled, upon written demand served upon the Town Clerk, to a hearing before the Town Board, said hearing to take place within 30 days from the date demand is received.
C.
Each operator with whom the Town has contracted for
the immobilizing and towing of illegally parked vehicles shall be
assigned to such district or districts specified by the Town police
on a weekly basis. Operators will be contacted for the district(s)
to which they are assigned as needed on a rotating basis. More than
one operator may be called at the discretion of the Town police. In
the event that an operator cannot be contacted or fails to respond
within a reasonable time, the next operator shall be contacted, and
the Town shall not incur any liability as a result thereof. In the
event that the number of operators assigned to any district is inadequate
to handle the volume, the Town police may call operators assigned
to other districts, as needed, to handle the increased volume.
D.
In the event that an operator is directed by a Town
police officer to immobilize a vehicle, the operator, upon installing
the immobilizing device, shall affix a warning notice in a form approved
by the Town police to the window of the immobilized vehicle. Such
warning notice shall be affixed in an obvious location and shall include
the telephone number to call for removal of the boot, the payment
required for removal and a warning that an attempt to move the vehicle
will result in damage to the vehicle and to the boot and that the
owner of said vehicle will be responsible for any damage to the boot
resulting from any attempt to move the vehicle.
[1]
Editor's Note: Former § 240-43,
Removal and impounding of illegally parked vehicles, was repealed
5-17-1991 by L.L. No. 9-1991.
A.
When any vehicle is parked or abandoned on any highway
or public parking lot within this Town during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway or parking lot upon which said vehicle is parked or abandoned,
said vehicle may be removed by or under the direction of the Highway
Department or Police Department.
B.
When any vehicle is found unattended on any highway
or public parking lot within the Town where said vehicle constitutes
an obstruction to traffic, said vehicle may be removed by or under
the direction of the Highway Department or Police Department.
After removal of any vehicle as provided in
this article, the Police Department may store or cause such vehicle
to be stored in a suitable place at the expense of the owner. Such
owner or person in charge of the vehicle may redeem the same upon
payment to the person with whom stored of the amount of all expenses
actually and necessarily incurred in effecting such removal and storage,
such storage charges as established from time to time by the Town
Board.
It shall be the duty of the Police Department
to ascertain to the extent possible the owner of the vehicle or the
person having the same in charge and to notify him of the removal
and disposition of such vehicle and of the amount which will be required
to redeem same. Said Police Department shall also without delay report
the removal and disposition of any vehicle removed as provided in
this article to the Town Clerk.
