Section 19-169. Removal of vehicles parked in front of a private driveway  


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  • a.
      Subject  to  the provisions of this section an owner of a lot containing
      no more than two dwelling units, or his or her  lessee,  may  cause  any
      vehicle  which  is  parked  in  front of his or her private driveway and
      which blocks the entry or egress of a vehicle from such property  to  be
      removed  by a person licensed to engage in towing pursuant to subchapter
      thirty-one of chapter two of title twenty of the code,  where  a  person
      authorized  to  issue  a  notice  of parking violation has issued such a
      notice and affixed it to such unlawfully parked vehicle; the issuance of
      such a notice shall  constitute  authorization  to  the  owner  of  such
      property,  or  his  or  her  lessee,  to  arrange  for  removal  of such
      unlawfully parked vehicle, and such removal shall be deemed to be at the
      request of the person who issued the notice.
        b. Where the owner of such property, or his or her lessee, requests  a
      police  officer  to  arrange  for  removal of any such unlawfully parked
      vehicle, such vehicle shall be removed at the direction  of  the  police
      department  by  the  next  available towing company participating in the
      rotation tow program established pursuant to section 20-519 of the code.
      Nothing in this section shall be construed to preclude an owner of  such
      property,  or  his  or her lessee, acting pursuant to this section, from
      arranging for the removal of such unlawfully parked  vehicle  by  a  tow
      operator  of  such person's choice. The commissioner of consumer affairs
      shall promulgate a regulation  establishing  performance  standards  for
      licensees  in order to insure that vehicles summonsed under this section
      are towed as expeditiously as possible.
        c. 1. No vehicle may be removed pursuant to this section  without  the
      express  written  authorization issued to a person licensed to engage in
      towing pursuant to subchapter thirty-one of chapter two of title  twenty
      of  the  code  by the owner of such property, or his or her lessee. Such
      authorization shall include the location of the vehicle to  be  removed,
      the  make,  model,  color and license plate number of such vehicle and a
      statement that such vehicle was removed pursuant to a notice of  parking
      violation  and  shall be signed by the owner of such property, or his or
      her lessee, prior to removal.
        2. A vehicle may not be removed if it is occupied by any person.
        3. 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 ten miles from the point of removal. If
      no such facility  is  available,  the  closest  available  facility  for
      storage  maintained  by  a  person  so  licensed shall be utilized. Such
      facility for storage must be a secure place for safekeeping vehicles.
        4. 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 of
      such removal of the storage site, the time the vehicle was removed,  the
      location  the  vehicle  was  removed  from,  the  make, model, color and
      license plate number of the vehicle, the name of the person  who  signed
      an  authorization  for  the  removal  and the fact that such vehicle was
      removed pursuant to a notice of parking violation 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 date  and
      time that the vehicle was removed.
        5.  If  the registered owner or other person in control of the vehicle
      arrives at the scene prior to removal of the vehicle and such vehicle is
      connected  to  any  apparatus  for  removal,  the   vehicle   shall   be
      disconnected  from  such  apparatus  and such person shall be allowed to
    
      remove the vehicle without interference upon  payment  of  a  reasonable
      service  fee of not more than one-half of the charge allowed for removal
      as provided in paragraph eight of this subdivision, for which a  receipt
      shall be given.
        6.  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.
        7.  Any  person  who  removes a vehicle pursuant to this section shall
      comply with the notice provisions of  subdivision  two  of  section  one
      hundred eighty-four of the lien law.
        8.  Notwithstanding  the  charges  permitted  to  be  collected  under
      subdivision c of section 20-519 of this code, a  person  who  removes  a
      vehicle  pursuant  to  section  19-169  of  this  code  may  collect the
      following charges from the owner or other  person  in  control  of  such
      vehicle, payable before the vehicle is released: one hundred dollars for
      removal  and  the  first  three days of storage; 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 the code.
        9.  This  section  does  not  apply  to law enforcement, firefighting,
      rescue squad, ambulance, or other emergency vehicles which are marked as
      such.
        10. When an owner of property, or his or her lessee, improperly causes
      a vehicle to be removed, such person shall be liable  to  the  owner  or
      other  person  in  control  of  the  vehicle  for  the  cost of removal,
      transportation and  storage  and  for  any  damage  resulting  from  the
      removal, transportation and storage of the vehicle.
        d. No person licensed pursuant to subchapter thirty-one of chapter two
      of title twenty of the code shall refuse, without justifiable grounds, a
      request  by  any  person  acting  pursuant  to  this section to remove a
      vehicle unlawfully blocking a private driveway. Any person who  violates
      this  subdivision shall be punished as follows: for the first violation,
      a fine of one hundred dollars; for the second violation within a  period
      of twelve months of the date of a first violation, a fine of two hundred
      dollars;   and   for  any  additional  violations  within  a  period  of
      twenty-four months of the date of a first  violation,  a  fine  of  five
      hundred dollars.