2006 New York Code - Removal Of Vehicle With Audible Burglar Alarm Or Audible Status Indicator.



 
    * §  24-240  Emergency  signal devices. After June thirtieth, nineteen
  hundred seventy-three, no person shall operate or permit to be  operated
  an  emergency signal device installed on an authorized emergency vehicle
  which when operated creates a sound level in excess  of  90  db(A)  when
  measured at a distance of fifty feet from the center of the forward face
  of such vehicle.
    * NB Effective until July 1, 2007
    * §  24-240  Removal  of vehicle with audible burglar alarm or audible
  status indicator. (a) Notwithstanding the provisions of section  24-239,
  any  member  of  the  police department may arrange for the removal of a
  motor vehicle from a public highway or parking lot open to  the  public,
  when:
    (i)  an audible burglar alarm installed on such vehicle is operated in
  violation of this code or an audible status  indicator  is  operated  on
  such vehicle; and
    (ii)  all  reasonable  and necessary steps to disconnect such alarm or
  audible status indicator have been  taken  without  success.  Authorized
  personnel  of  the  department  or  the department of transportation may
  request a member of the police department to arrange for removal of such
  vehicle. When such removal is requested, the  notice  of  violation  for
  operation  of  an  audible burglar alarm in violation of this section or
  for operation of an audible status indicator shall state that  a  member
  of  the  police  department  took  all reasonable and necessary steps to
  disconnect such alarm or such audible status indicator without  success.
  Such removal may be accomplished by utilizing any existing city-operated
  tow-program, rotation tow program established pursuant to section 20-519
  of  the code or such other procedures as may be established. The cost of
  towing and storage of such motor vehicle shall be the responsibility  of
  the owner or other person who claims such vehicle.
    (b) An opportunity for a hearing before the board shall be provided to
  the  owner  of  a  motor vehicle removed pursuant to this section within
  five business days after a request for a hearing is  made  to  determine
  whether  there  was  a  basis for such removal. The board shall render a
  decision within two  business  days  following  the  conclusion  of  the
  hearing.  If  it  is determined that there was no basis for removal of a
  vehicle pursuant to this section, the owner of such vehicle may  recover
  from the city any amounts paid by such owner for towing and storage.
    * NB Effective July 1, 2007

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