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Article 1A of the Code of the Town of Mamaroneck hereby is repealed.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.