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HomeMy WebLinkAbout2013_7_24_Local_Law_No_3 Local Law No. 3 – 2013 This local law shall be known as the “Towing of Motor Vehicles” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: There has been a proliferation of unpaid parking tickets in Town, amounting to thousands of dollars in unpaid fines. In addition, there constantly are motor vehicles which are parked illegally, some of which cause concern for public safety, e.g. parking near fire hydrants or parking so as to obstruct driveways. The Town Board finds that there needs to be a mechanism in place to combat this growing problem. That mechanism is to tow and impound such vehicles. This local law adds an article to the Code which provides for towing and impounding motor vehicles. Section 2 – Repeal of a current article of the Mamaroneck Code: Article 1A of the Code of the Town of Mamaroneck hereby is repealed. Section 3 – Addition of a new article of the Mamaroneck Code: The following article is added in its place: Article IV – Towing of Illegally Parked Vehicles Section 219-4. Applicability. A. In addition to any other penalties or fines imposed for the violation of any law, rule or regulation, the provisions of this chapter shall apply to: Vehicles which (1) either (i) violate any provision of any municipal, state or county ordinance, law, rule or regulation or (ii)have three or more outstanding and unpaid parking violations issued against them for parking violations that occurred within the unincorporated area of the Town and (2) are located: (I) on any property owned by, leased by or in the possession and control of the Town, or (II) on any public street, public highway or private road open to public travel, paved or unpaved, including the entire length and width of such streets, highways or roads, whether or not such area has been opened to travel, or (III) in any public parking lot, or (IV) in any parking area of an office building, office building complex, place of public assembly, shopping center, private apartment house complex, private condominium complex or cooperative apartment complex whose owner or the person in general charge of the operation and control of such area has made a written request to the Town pursuant to New York Vehicle and Traffic Law § 1660-a. B. For the purpose of this article, “outstanding and unpaid parking violations” do not include parking tickets which, by their terms, are not yet required to be paid or parking tickets which are outstanding and unpaid because the owner or lessee of the motor vehicle has pleaded “Not Guilty” to such ticket and there has not yet been an adjudication of such ticket. Section 219-5. Removal of vehicles. A. A police officer is authorized to provide for the removal of any vehicle meeting the description contained in § 219-4 to an impound yard or garage maintained by a company or individual with which the Town has entered into a contract to tow, impound or store motor vehicles. B. If the removed vehicle is registered with the State of New York, the Police Department shall advise the owner of the place where the vehicle may be recovered and the conditions under which it will be released by sending a certified letter with such advice to the vehicle’s registered owner or lessee, at the address shown for him, her or it on the records of the New York State Department of Motor Vehicles. Such letter shall be mailed no later than the first business day after a vehicle has been removed. If the removed vehicle is not registered with the State of New York, the Police Department shall use its best efforts to advise the owner of the place where the vehicle may be recovered and the conditions under which it will be released. The Police Department’s failure to comply with this section shall not entitle the owner or the lessee to recover the removed vehicle without paying the amounts required to be paid pursuant to § 219-7. Section 219-6. Identification required. No removed vehicle shall be released to anyone other than its registered owner, that owner’s representative or the vehicle’s lessee. Such person must establish his or her identity and in the case of a person other than the registered owner or lessee, must establish that he or she has the registered owner’s or the vehicle’s lessee’s permission to take possession of such vehicle. No removed vehicle shall be released unless the person to whom it is released has signed a receipt therefor. Section 219-7. Amounts to be paid before the vehicle is released. Before a removed vehicle is released, the following items must be paid in full: A. All sums due to the Town for outstanding and unpaid parking violations that occurred within the unincorporated area of the Town, including penalties and interest, if any, B. The cost of towing and C. The cost of storage for each day or portion of a day that such vehicle is so stored. Section 219-8. Penalties. The owner or lessee of a vehicle removed pursuant to this article shall be liable for a fine of not more than $250. That fine shall be in addition to the amounts required to be paid pursuant to § 219-7. Section 219-9. Contracts with towing companies. A. The Town Administrator is authorized to enter into contracts on behalf of the Town with one or more companies to tow, impound and store motor vehicles. B. Each such contract shall specify that the company performing the service shall charge the owner or the lessee of a motor vehicle a reasonable amount for towing, impounding and storing that motor vehicle. The Town shall not be liable to the company for payment of any fees whatsoever. It is not mandatory that such contracts provide for the company to pay a fee to the Town; however, at the Town Administrator's discretion, he/she may request proposals for such contracts that would require each company participating in the process to designate, either by a fixed sum or by a percentage of revenue collected, the amount that it would pay to the Town during the term of such contract. C. Each company which enters into a contract with the Town to tow, impound and store motor vehicles shall supply proof satisfactory to the Town Administrator that the company is insured against personal injury and for property damage in an amount per occurrence that is satisfactory to the Town Administrator and that it possesses all of the licenses required to tow, impound and store motor vehicles. Unless waived by the Town Administrator, each such insurance policy shall provide that the Town is an “additional insured” under that policy. On or before the expiration or termination date of any insurance policy or license which a company is required to maintain pursuant to this section, that company will supply the Town Administrator with proof that such insurance policy has been renewed or replaced by an insurance policy which is satisfactory to the Town Administrator and that such license(s) have been renewed. From time to time the Town Administrator may request each such company to produce proof that the required insurance policy and/or licenses are in full force and effect and that the Town is an “additional insured” on the insurance policy. D. Each company which enters into a contract with the Town to tow, impound and store motor vehicles shall act in accordance with all applicable laws, rules and regulations concerning the towing, impounding and storage of motor vehicles. Section 4 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State.