Time and manner of immobilization. Any illegally parked vehicle found parked at any
time upon any public highway in the City may, by or under the direction of any
person authorized by the Commissioner, be immobilized in such manner as to
prevent its operation, and thereafter may be removed to a tow pound as provided
in these rules; provided, however, that no such vehicle shall be immobilized by
any means other than by the use of a device or other mechanism which will cause
no damage to such vehicle unless such vehicle is moved while such device or
mechanism is in place.
time upon any public highway in the City may, by or under the direction of any
person authorized by the Commissioner, be immobilized in such manner as to
prevent its operation, and thereafter may be removed to a tow pound as provided
in these rules; provided, however, that no such vehicle shall be immobilized by
any means other than by the use of a device or other mechanism which will cause
no damage to such vehicle unless such vehicle is moved while such device or
mechanism is in place.
(ii) Notice. Notice of
immobilization pursuant to this paragraph shall be placed in a conspicuous
place on the vehicle. Such notice shall contain: (A) a warning that any attempt
to move the vehicle may result in damage to the vehicle; and (B) the time,
place and manner in which the vehicle may be redeemed.
immobilization pursuant to this paragraph shall be placed in a conspicuous
place on the vehicle. Such notice shall contain: (A) a warning that any attempt
to move the vehicle may result in damage to the vehicle; and (B) the time,
place and manner in which the vehicle may be redeemed.
(iii) Immobilization fee. The registrant of an immobilized vehicle which
has not yet been removed to a tow pound pursuant to these rules, or any other
person authorized by the registrant of such vehicle, may secure the release of
the vehicle upon satisfaction of all parking summonses in judgment, if any, for
which the registrant of the immobilized vehicle is liable and payment of an
immobilization fee of $185.00.
has not yet been removed to a tow pound pursuant to these rules, or any other
person authorized by the registrant of such vehicle, may secure the release of
the vehicle upon satisfaction of all parking summonses in judgment, if any, for
which the registrant of the immobilized vehicle is liable and payment of an
immobilization fee of $185.00.
(iv) Applicable rules. Where a vehicle has been both immobilized and
towed, the owner shall be subject to both the immobilization requirements of
this paragraph, and all applicable provisions of these rules.
towed, the owner shall be subject to both the immobilization requirements of
this paragraph, and all applicable provisions of these rules.
(v) Right to immediate hearing. The registrant, title holder or operator of any
vehicle that has been immobilized shall have the right to an immediate hearing
during regular business hours at the Parking Violations Bureau in relation to
the immobilization.
vehicle that has been immobilized shall have the right to an immediate hearing
during regular business hours at the Parking Violations Bureau in relation to
the immobilization.
(vi) Removal fee. The fee for removal of illegally parked vehicles
to a tow pound shall be determined in accordance with the following fee
schedule. Said fee shall be payable before such vehicles are released. (A) The
removal fee for Regular Towing shall be $185.00 and shall apply to any vehicle
that has a gross vehicle weight less than 6,500 pounds, that may be towed
through the use of a single tow truck not weighing more than eight tons. (B)
The removal fee for Heavy Duty Towing shall be $370.00 and shall apply to any
vehicle that has a gross vehicle weight of 6,500 pounds or greater, and/or
requires either more than
one tow truck or a single tow truck which weighs in excess of eight tons, in
order to be towed.
to a tow pound shall be determined in accordance with the following fee
schedule. Said fee shall be payable before such vehicles are released. (A) The
removal fee for Regular Towing shall be $185.00 and shall apply to any vehicle
that has a gross vehicle weight less than 6,500 pounds, that may be towed
through the use of a single tow truck not weighing more than eight tons. (B)
The removal fee for Heavy Duty Towing shall be $370.00 and shall apply to any
vehicle that has a gross vehicle weight of 6,500 pounds or greater, and/or
requires either more than
one tow truck or a single tow truck which weighs in excess of eight tons, in
order to be towed.
(vii) Storage fee. In addition to the removal fee set forth in
subparagraph (vi) of this paragraph (9), there shall be a storage fee of $20.00
for each day such vehicle remains in the possession of the city, up to and
including the day such vehicle is released. Said fee shall be payable before
such vehicle is released.
subparagraph (vi) of this paragraph (9), there shall be a storage fee of $20.00
for each day such vehicle remains in the possession of the city, up to and
including the day such vehicle is released. Said fee shall be payable before
such vehicle is released.
(viii) Vehicles not removed considered abandoned. Any vehicle which is not removed from city
property within 10 days following the mailing of a request to remove it shall
be deemed to be an abandoned vehicle pursuant to paragraph (d) of subdivision 1
of §1224 of the Vehicle and Traffic Law and shall be disposed of by the
Commissioner pursuant to such law. Such request shall be sent by certified or
registered mail, return receipt requested, to the registered owner of the
vehicle, at the address contained on the registration of such vehicle.
property within 10 days following the mailing of a request to remove it shall
be deemed to be an abandoned vehicle pursuant to paragraph (d) of subdivision 1
of §1224 of the Vehicle and Traffic Law and shall be disposed of by the
Commissioner pursuant to such law. Such request shall be sent by certified or
registered mail, return receipt requested, to the registered owner of the
vehicle, at the address contained on the registration of such vehicle.
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