LOCAL LAW NO. ____ OF 2024
A LOCAL LAW REGULATING THE TOWING OF VEHICLES FROM PRIVATE PROPERTY IN THE TOWN OF EAST GREENBUSH
BE IT ENACTED by the Town Board of the Town of East Greenbush
SECTION 1. Legislative intent and purpose
a. The Town Board hereby finds that Section 1210(c) of the New York State Vehicle and Traffic Law provides that towing agencies which remove vehicles parked on private property at the request of the owner of the premises and without written consent of the owner of the vehicle shall immediately notify the local police station having jurisdiction over the area where such vehicle was parked, of the description of the car which was removed and the time of removal, so as to inform owners of towed vehicles that their cars have not been stolen. The Board further finds that Section 399-v of the General Business Law regulates both certain owners of parking faculties and commercial towers relative to the towing of vehicles from parking facilities.
b. The Town Board finds and determines that consumers are currently at risk of having their vehicles seized without substantive due process, notice or opportunity to retrieve their vehicles without concerns that their towed cars have been stolen, particularly in the case of consumers who return to shopping center parking lots or apartment complexes. The Town Board further finds that unregulated towing practices can result in a threat to public safety, whereby patrons at some bars and restaurants are not permitted to leave cars overnight in the parking lot or they will be towed. Responsible citizens making a mart choice by not driving out of a parking lot under the influence of alcohol should not be punished for helping to underwrite our collective efforts to keep the public safe.
c. The purpose of this local law is to regulate the towing and seizure of consumers’ motor vehicles from parking lots by private towing companies, in a manner which protects consumers while maintaining the rights of property owners.
SECTION 2. Definitions
The terms “commercial tower”, “owner” and “parking facility” in this local law shall have the same meaning as set forth respectively in Section 399-v(1)(a)(b), and (c) of the General Business Law of the State of New York. The term “towing company” shall have the same meaning as “commercial tower”.
SECTION 3. Restrictions – Towing of vehicles from private property
a. A private property owner who wishes to have a vehicle towed from his, her or its privately owned parking facility, without the written consent of the owner of the vehicle, shall comply with the following requirements:
1. The parking facility shall have conspicuously posted, at each entrance of each parking area and/or every 30 parking spaces, signs (at least two feet high with at least two-inch-high lettering), which shall contain the following information:
a) A statement warning that illegally parked vehicles will be towed;
b) The hours during which this prohibition is applicable;
c) The cost of the tow to be paid by the vehicle owner;
d) The name, phone number and address of the commercial tower;
e) The location where the vehicle is to be towed;
f) The parking facility owner’s name, address and phone number.
2. The parking facility owner shall supply any towing company authorized to tow vehicles from a parking facility with an agreement which shall have the following:
a) The name, address and phone number of the owner of the parking facility;
b) The address and description of the parking facility;
c) The name of the authorized commercial tower;
d) The cost of the tow to be paid by the vehicle owner;
e) The specific violations for which tows are authorized;
f) The specific days and hours during which towing is authorized;
g) The location where the vehicles will be stored after being towed.
h) A copy of such agreement shall be filed with the East Greenbush Police Department prior to the towing of any vehicles pursuant to said agreement.
b. Commercial towers shall comply with the following regulations when seizing or towing vehicles for privately owned parking facilities without the written consent of the owner of the vehicle:
1. Commercial towers shall enter into a written agreement with the parking facility owner prior to any towing of vehicles pursuant to Section (a)(2) above.
2. The towing of a vehicle is only authorized when the owner of the facility or his or her representative is actually present and requests that a particular vehicle be seized or towed. The owner’s representative cannot be the tow company or the tow truck operator unless the tow company or operator is the actual owner of the parking facility.
3. Any tow truck operator acting hereunder shall have a copy of the agreement from the facility owner in his or her possession.
4. The commercial tower shall have a specific written tow authorization in his or her possession, to tow a specific vehicle, which shall be signed by the facility owner or his representative prior to the tow. This specific authorization shall contain the following information:
a) Date and time of the tow;
b) Location of the tow;
c) Reason for the tow;
d) Cost of the tow to be paid by the vehicle owner;
e) Location to which the vehicle is towed;
f) Description of the vehicle (plate number, vehicle identification number, year, make, model, color and notation of any damage to the vehicle);
g) Commercial tower’s name, address and phone number;
h) Name and address of the owner or representative who authorized the tow;
i) Signature of the owner or representative who authorized the tow.
5. The commercial tower who seizes a vehicle shall immediately notify the East Greenbush Police Department by telephone of the tow, and provide a copy of the tow authorization.
c. When the tow of a vehicle from a parking facility accessed parking lots, without the written consent of the owner of the vehicle, is in dispute or breach of the peace occurs, the following shall apply:
1. If the tow process has begun, but the vehicle is still at the location, the following shall apply:
a) The vehicle shall be released to the owner upon the owner providing the tow truck operator with proper personal and vehicular identification.
2. If the tow process has been completed (the vehicle is no longer at the location), the following shall apply:
a) A vehicle owner shall pay the tow truck operator to release the vehicle; and
b) The only additional fee that may be assessed is for storage of the vehicle, which fee shall not exceed $20.00 per day. Storage fees shall not be charged for days on which the vehicle is not available for pickup from the commercial tower, or for days on which the commercial tower is closed.
c) Fees charged for the tow of a vehicle from a parking facility within the Town of East Greenbush shall not exceed the fees established for municipal towing purposes by the Town within which the tow occurs.
d) Upon payment of all required charges for the release of a towed vehicle, the commercial tower shall provide the owner or authorized user of the vehicle with a receipt that reflects all payments made to the towing company.
e) No owner shall receive or enter into a contract or other agreement to receive from a commercial tower, nor shall any commercial tower pay or enter into any contract or other agreement to pay to the owner, any share or the payments received for the towing or storage of a towed motor vehicle or any fee or amount dependent upon the number of towed vehicles removed from said owner’s parking lot.
SECTION 4. Exceptions
a. This local law shall not apply to the removal of abandoned motor vehicles that are in violation of Section 1224 of the New York State Vehicle and Traffic Law.
b. This local law shall not apply to motor vehicles towed and/or seized by, or on behalf of, any state, local or federal law enforcement authorities.
SECTION 5. Enforcement
Upon a resolution of the Town Board, the Town Attorney, or other attorney designated by the Board, is authorized to bring an action to enjoin and restrain the violation of any subject of this local law. Citations to enforce this local law may be issued by the East Greenbush Police Department or the Code Enforcement Officer.
SECTION 6. Penalties
Any person or entity violating this local law or a rule or regulation issued pursuant to this local law, shall be subject to a fine of not more than $1,000.00 for each violation. Each violation shall constitute a separate and distinct offense.
SECTION 7. Severability
If any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
SECTION 8. Effective date
This law shall take effect on September 1, 2024.
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