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A.

Declaration of snow emergency; parking prohibited.

(1)

A snow emergency in the City of Kingston shall become automatic two hours after the
accumulation of snow within the City to a level of three inches. The level of three inches which
shall automatically invoke the provisions of this section shall be as officially measured by the
Department of Public Works at the Public Works complex located at 464 Hasbrouck Avenue,
Kingston, New York. The Superintendent of Public Works or his representative shall notify the
Police Department and the news media that a snow emergency is in effect.

(2)

During a snow emergency as declared in accordance with Subsection A(1), no motor vehicle
shall be parked on any City of Kingston streets nor so located as to interfere with the clearing of
snow from City streets by the Department of Public Works.

(3)

Upon the declaration of a snow emergency pursuant to Subsection A(1) of this section, the snow
emergency shall remain in effect until such time as appropriate notice is given by the
Superintendent of Public Works or his representative to the Police Department and the news
media.

(4)

If at any time the accumulation of snow reaches a level of three inches after the hour of 12:00
midnight and prior to 8:00 a.m. the following morning, the provisions of this section shall not be
enforced until the hour of 8:00 a.m. that same morning.

(5)

No car shall be parked on a public street within 24 hours of the termination of a snow
emergency, unless said street has been fully plowed by the Department of Public Works. Any car
interfering with the removal of snow during the 24 hours following the termination of a snow
emergency shall be subject to the penalties provided hereinafter.

[Added 4-3-1990
Editor's Note: This ordinance also provided for the renumbering of former Subsection A(5)
through (8) as Subsection A(6) through (9).
]
(6)

The Department of Public Works shall post signs at the main highway entrances to the City of
Kingston advising the general public of the provisions of this section.

(7)

The City of Kingston Police Department is hereby authorized and directed to take the necessary
actions to enforce the provisions of this section, including the towing of vehicles in violation of
this section, as set forth below.

(8)

A violation of this section shall be punishable by a fine not to exceed $100 and, in addition, the
violator shall be responsible for all fees for towing as set forth below.

[Amended 3-4-2003, approved 3-7-2003]

(9)

This section shall be in effect commencing the 15th day of November each year and continuing
until the 15th day of April the following year.

[Amended 6-8-2004, approved 6-15-2004]

B.

Removal, impounding and return of vehicles.

(1)

Members of the Police Department are hereby authorized to remove or have removed a vehicle
from a street to the nearest garage or other place of safety, including another place on a street, or
to a garage designated or maintained by the Police Department, or otherwise maintained by this
City when the vehicle is parked on any street, highway or roadway in violation of the provisions
of Subsection A(2) above.

(2)

Whenever an officer removes or has removed a vehicle from the street, as authorized in this
section, and the officer knows or is able to ascertain from the registration records in the vehicle
the name and address of the owner thereof, such officer shall immediately give notice in writing
to such owner of the fact of such removal and the reasons therefor and the place to which such
vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of
such notice shall be given to the proprietor of such garage.

(3)
Whenever an officer removes or has removed a vehicle from a street under this section and does
not know and is not able to ascertain the name of the owner, or for any other reason is unable to
give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned
to the owner within a period of three days, then and in that event, the officer shall immediately
send or cause to be sent a written report of such removal by mail to the state department whose
duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any
public garage in which the vehicle may be stored. Such notice shall include a complete
description of the vehicle; the date, time and place from which removed; the reasons for such
removal; and the name of the garage or place where the vehicle is stored.

(4)

No person shall recover any vehicle removed in accordance with this section, except as provided
herein. Before the owner or person in charge of such vehicle shall be allowed to recover it from
the place where it has been placed or impounded, he shall present to a member of the Police
Department evidence of his identity and right to possession of the vehicle, shall sign a receipt for
its return, shall pay the cost of removal, and shall pay any cost of storage accrued, not to exceed
$8 for the first day or portion thereof, and $8 for each additional day or portion thereof. Until
paid, these charges constitute a lien on the vehicle which may be enforced in the same manner as
a garage keeper's lien.

[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]

(5)

It shall be the duty of the Police Department to keep a record of each vehicle removed in
accordance with this section. The record shall include a description of the vehicle, its license
number, the date and time of its removal, where it was removed from, its location, the name and
address of its owner and last operator, if known, its final disposition and the violation involved.

(6)

This section shall be supplemental to any other provisions of law granting members of the Police
Department authority to remove vehicles.