HomeMy WebLinkAbout2009_7_7_Local_Law_No_2 (2) Local Law No. 2 - 2009
This local law shall be known as the "Towing of Illegally Parked Motor Vehicles" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 —Purpose:
The Town Board finds that illegal parking is or has the potential of becoming a major
problem in the Town of Mamaroneck. To combat this problem, the Town Board hereby exercises
its power under the New York State Vehicle and Traffic Law to authorize the towing,
impounding and storage of illegally parked motor vehicles.
Section 2 —Addition of a current section to the Mamaroneck Code:
The following section 2 19-2 hereby is added to the Code of the Town of Mamaroneck:
§219-1. Removal of illegally parked motor vehicles.
A. The Town Administrator of the Town of Mamaroneck is authorized to enter into contracts
on behalf of the Town of Mamaroneck with one or more companies to tow, impound and
store motor vehicles which are parked where or during times when stopping, standing or
parking is prohibited in the parking lots owned by the Town of Mamaroneck or on the streets
located within the Town of Mamaroneck (other than streets located within the corporate
limits of either the Village of Mamaroneck or the Village of Larchmont or highways
maintained by the State of New York).
B. Each such contract shall specify (a) that the company performing the service shall only
charge the owner of a motor vehicle for its fees in towing, impounding and storing such
motor vehicle (b) that such charge(s) shall be reasonable and (c) that the Town of
Mamaroneck 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 of
Mamaroneck; 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 of Mamaroneck during the term of such contract.
C. Each company which enters into a contract with the Town of Mamaroneck to tow,
impound and store illegally parked motor vehicles shall supply proof satisfactory to the Town
Administrator of the Town of Mamaroneck (a) that it is insured against personal injury and
for property damage in an amount per occurrence that is satisfactory to the Town
Administrator of the Town of Mamaroneck and (b) that it possesses all of the licenses
required to tow, impound and store motor vehicles. On or before the expiration or termination
date of any insurance policy or license which a company is required to maintain pursuant to
the preceding sentence, that company will supply the Town Administrator of the Town of
Mamaroneck with proof that such insurance policy has been renewed or replaced by an
insurance policy which is satisfactory to the
Town Administrator of the Town of Mamaroneck and that such license has been renewed, as
the case may be.
D.Each company which enters into a contract with the Town of Mamaroneck to tow,
impound and store illegally parked motor vehicles shall act in accordance with all applicable
laws, rules and regulations concerning the towing, impounding and storage of motor vehicles.
Section 3 —Severabili ty:
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 4 —Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.