2006 New York Code - Removal Of Vehicles Improperly Parked On Private Property.



 
    §  19-169.1 Removal of vehicles improperly parked on private property.
  a.  Notwithstanding any other provision of law,  where  a  licensed  tow
  operator removes a vehicle because it is parked on private property in a
  manner  inconsistent  with  posted  instructions,  and  such  removal is
  pursuant to a contract between the owner of the private property and the
  licensed tow operator for the removal  of  any  such  improperly  parked
  vehicles,  such  tow operator may collect the following charges from the
  vehicle owner or other person in control of such vehicle, payable before
  the vehicle is released: up to but not more than one hundred dollars for
  removal and the first three days of storage; up to but not more than ten
  dollars per day for storage thereafter; except that  no  charge  may  be
  collected  for  removal or storage of a vehicle pursuant to this section
  by a person who  is  not  licensed  to  engage  in  towing  pursuant  to
  subchapter thirty-one of chapter two of title twenty of this code.
    b.  No  owner  or  operator  of parking facilities on private property
  shall tow or cause to be towed from  such  private  property  any  motor
  vehicle  unless  such  owner  or  operator  shall conspicuously post and
  maintain upon such private property a sign stating the name, address and
  telephone number of the tow operator, the hours of operation for vehicle
  redemption, towing and storage fees of the tow operator  and  the  hours
  vehicles are prohibited from parking and subject to tow.
    c. No vehicle shall be removed by a tow operator from private property
  without  express  written  authorization  by  the  owner  of the private
  property or his or her agent as designated in the contract  between  the
  owner  of  the private property and the tow operator. Such authorization
  shall be required for  each  vehicle  removed,  and  shall  include  the
  location,  make, model, color and license plate number of the vehicle to
  be removed.
    d. A vehicle may not be removed if it is occupied by any person.
    e. Notwithstanding any other provision of  law,  a  vehicle  which  is
  removed  shall be taken directly to a facility for storage maintained by
  the  person  licensed  to  engage  in  towing  pursuant  to   subchapter
  thirty-one  of  chapter  two of title twenty of the code who has removed
  such vehicle and which is within city limits and no more than ten  miles
  from the point of removal. If no such facility is available, the closest
  available  facility  for  storage  within  New York city maintained by a
  person so licensed shall be utilized. Such facility for storage must  be
  a secure place for safekeeping vehicles.
    f.  Any  person  who removes a vehicle pursuant to this section shall,
  within thirty minutes  of  the  vehicle's  arrival  at  a  facility  for
  storage,  notify  the local police precinct having jurisdiction over the
  area from which the vehicle was removed, as to  the  storage  site,  the
  time  the  vehicle  was removed, the location from which the vehicle was
  removed, the name of the person who authorized the removal, and the fact
  that the removal was pursuant to  a  contract  with  the  owner  of  the
  private property, and shall obtain the name of the person at such police
  precinct  to  whom such information was reported and note such name on a
  trip record together with  the  time  and  date  that  the  vehicle  was
  removed.
    g.  If  the  registered  owner or other person in control of a vehicle
  arrives at the scene prior to the  removal  of  the  vehicle,  and  such
  vehicle  is connected to any apparatus for removal, the vehicle shall be
  disconnected from such apparatus and  such  registered  owner  or  other
  person in control of such vehicle shall be allowed to remove the vehicle
  from  the  premises  without  interference  upon payment of a reasonable
  service fee of not more than one-half of the charge allowed for  removal
  as  provided in subdivision a of this section, for which a receipt shall
  be given. Each tow operator shall carry a legible copy of  this  section

with this paragraph highlighted, and shall show it to a vehicle owner, or other person in control of the vehicle, who arrives at the scene prior to the removal of a vehicle. h. The registered owner or other person in control of a vehicle which has been removed pursuant to this section shall have the right to inspect the vehicle before accepting its return. No release or waiver of any kind which would release the person or company removing the vehicle from liability for damages may be required from any such owner or other person as a condition of release of the vehicle to such person. A detailed, signed receipt showing the legal name of the person or company removing the vehicle must be given to the person paying the removal and storage charges at the time of payment. i. When an owner of private property, his or her agent as designated in the contract with the tow operator, or a tow operator contracting with such owner causes a vehicle to be removed in violation of this section, there shall be no charge to the owner or other person in charge of the vehicle for the cost of removal and storage. Such person who has violated this section shall be liable to the owner or other person in control of the vehicle for any amounts actually paid for removal, transportation and storage of the vehicle, as well as for any damage resulting from the removal, transportation and storage of the vehicle. j. Any person who violates this section shall be punished as follows: for the first violation, a fine of two hundred and fifty dollars; for the second violation within a period of twelve months of the date of the first violation, a fine of five hundred dollars; and for any additional violations within a period of twenty-four months of the date of a first violation, a fine of one thousand dollars. k. No person may, under authority of this section, cause the removal of any ambulance, police vehicle, fire vehicle, civil defense emergency vehicle, emergency ambulance service vehicle, environmental emergency response vehicle, sanitation patrol vehicle, hazardous materials emergency vehicle or ordnance disposal vehicle of the armed forces of the United States. l. Authorized officers and employees of the department and the department of consumer affairs and members of the police department shall have the power to enforce the provisions of this section and any rules promulgated hereunder. m. The commissioner of consumer affairs is authorized to promulgate such rules as the commissioner deems necessary to effectuate the provisions of this section.

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