Village of Spring Valley, NY Article V Impounding and Towing

[Added 4-25-1994 by L.L. No. 8-1994]

§ 249-32 Title.

This Article may be cited as the "Booting and Towing Law of the Village of Spring Valley."

§ 249-33 Legislative intent.

A. The Board of Trustees 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 Board of Trustees 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 Board of Trustees does hereby ordain and enact this Article to accomplish the aforesaid purposes.

§ 249-34 Immobilization, impounding and/or towing of vehicles.

A. The Chief of Police, and/or any parking enforcement officer, is hereby authorized to provide for immobilization or towing of vehicles against which two or more parking summonses have been issued if two or more of such summons have not been answered within 45 days of the appearance date or dates shown on the summonses or upon which there are outstanding fines for parking violations which have not been paid.

[Amended 9-20-2003 by L.L. No. 5-2003]

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 parking enforcement officer, or, in the alternative, may be towed by the Village to a specified lot or yard.

[Amended 9-20-2003 by L.L. No. 5-2003]

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 parking enforcement officer, which removal and storage shall be at the expense of the owner of the vehicle.

[Amended 9-20-2003 by L.L. No. 5-2003]

§ 249-35 Notice and warning to the owner.

[Amended 9-20-2003 by L.L. No. 5-2003]

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 Parking Enforecement 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 Village.

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 Parking Enforcement Officer may from time to time determine to be appropriate.

§ 249-36 Tampering or attempted removal prohibited.

A. No person shall attempt to or tamper with, deface, remove or destroy an immobilization device or move a vehicle immobilized as herein provided.

B. A violation of this section shall be punishable by a fine not exceeding $5,000 or by imprisonment for up to 15 days, or both.

[Amended 4-11-1995 by L.L. No. 1-1995]

§ 249-37 Vehicle release to owner.

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 $60 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.

[Amended 9-20-2003 by L.L. No. 5-2003]

(2) An order of the Village Justice Court authorizing such release. The Village Justice Court shall coordinate with the Parking Enforcement Officer to ascertain that the expenses of immobilization and all other costs referenced in § 249-37A(1) have been paid before authorizing the release of the vehicle.

[Amended 9-20-2003 by L.L. No. 5-2003]

(3) The owner furnishing security for appearance in the Village Justice 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 issued to the Village Justice 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 of 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.