Question I am working part time in Briarcliff Manor, NY and live with a roomate in a condo ( I am not on the lease, which isn't required )and the association has assigned parking spaces, marked with numbers on the ground, along with a few visitor's spaces. After a few inches of snow, and being new to the condo's, I parked in what i thought was a guest spot and then flew home for the holidays. When I cam e back, my vehicle had been towed. The parking lot, though in New York, is never full. There is a sign at the entrance that says "Unauthorized Vehicles will be towed" but I am a tennant. Is there any recourse for the $400. plus dollars this cost me?
Thanks,
Keith
AnswerKeith, sorry for the delay.. I was trying to do some research on New York laws regarding impounding vehicles from parking lots... Most everything I see is about New York City, which is south of you...
Now there is no SET LAW that I can find about signs and such for the State, and the laws that I find leave everything up to the Cities... I could not find anything about Briarcliff Manor for laws and such online... Maybe you can find out any laws by contacting the police department...
Now I know that signs on the ground where there is snow and ice (I just answered one like this from Alaska the other day) do create unique problems when they are covered...
But it does not prevent people from attempting to follow the rules... Granted you say that you are not on the lease. Well they might not know the vehicle you drive... Making the office / management aware is one thing you can do. Also letting them know when you are out of town and the vehicle is there also can help.
Now as the signs needed, since there is no real law, it does create problems for being able to determine "legal or not" spaces.
As to the money, all I can say is you can try the small claims court route to see if you get any luck there. But it is a crap shoot there 50-50 chance of winning.
here is a link to the laws that I found from a law site. Hope it helps but its really confusing...
http://caselaw.lp.findlaw.com/scripts/getcode.pl?frame=right2&code=NY&ls=claws&l...
***** Cut and paste of it here *****************
New York State Consolidated Laws : Vehicle & Traffic
ARTICLE 41
REGULATION OF TRAFFIC BY TOWNS
Section 1660. Traffic regulation in all towns.
1660-a. Traffic regulations at parking areas and driveways of
hospitals, shopping centers, office buildings and
office building complexes, places of public assembly,
private apartment complexes, fire stations, private
condominium complexes, industrial parks and industrial
complexes.
1662. Additional traffic regulations in towns in the county of
Suffolk.
1662-a. Speed limits in certain towns.
1662-b. Residential parking system in the town of Eastchester in
the county of Westchester.
1663. Special speed limits on bridges and other elevated
structures.
1664. Application of article.
S 1660. Traffic regulation in all towns. (a) The town board of any
town with respect to highways outside of villages in any such town, but
not including state highways maintained by the state except with respect
to subdivisions six, eight, nine and ten, subject to the limitations
imposed by section sixteen hundred eighty-four may by ordinance, order,
rule or regulation:
1. Designate county roads and town highways as through highways and
order stop signs, flashing signals or yield signs erected on county
roads or town highways at specified entrances to such through highways
or designate any intersection except those where one or more entering
highways is a state highway maintained by the state as a stop inter-
section or a yield intersection and order like signs or signals at one
or more entrances to such intersections.
2. Upon a roadway which is divided into three lanes, allocate the
center lane exclusively for traffic moving in a specified direction.
3. Order signs erected directing slow-moving traffic, trucks, buses or
specified types of vehicles to use a designated lane, or with signs,
signals or markings designate those lanes to be used by traffic moving
in a particular direction regardless of the center of the roadway.
4. Determine those highways or portions of highways which shall be
marked to indicate where overtaking and passing or driving to the left
of or crossing such markings would be especially hazardous in accordance
with the standards, minimum warrants and sign or marking specifications
established by the department of transportation.
5. Regulate traffic by means of traffic-control signals.
6. (i) License, regulate or prohibit speed contests, races, exhibi-
tions of speed, processions, assemblages, or parades. Whenever such a
speed contest, race, exhibition of speed, procession, assemblage or
parade authorized by a local authority will block the movement of traf-
fic on a state highway maintained by the state, or on a highway which
connects two state highways maintained by the state to make a through
route, for a period in excess of ten minutes, such authority must, prior
to such blocking, provide and designate with conspicuous signs a detour
adequate to prevent unreasonable delay in the movement of traffic on
said state highway maintained by the state.
(ii) Prohibit vehicles engaged in retail sales of frozen desserts as
that term is defined in subdivision thirty-seven of section three
hundred seventy-five of this chapter directly to pedestrians from stop-
ping for the purpose of such sales on any highway within such town or on
all such highways. Nothing herein shall be construed to prohibit the
operator of such vehicle from stopping such vehicle off of such highway,
in a safe manner, for the sole purpose of delivering such retail product
directly to the residence of a consumer or to the business address of a
customer of such retailer.
7. Prohibit or regulate the operation and the stopping, standing or
parking of vehicles in cemeteries and in public parks.
8. Provide for the removal and storage of vehicles parked or abandoned
on highways during snowstorms, floods, fires or other public emergen-
cies, or found unattended where they constitute an obstruction to traf-
fic or any place where stopping, standing or parking is prohibited and
for the payment of reasonable charges for such removal and storage by
the owner or operator of any such vehicle.
9. Provide for the installation, operation, maintenance, policing and
supervision of parking meters, establish parking time limits at such
meters, designate hours of operation of such meters, and fix and require
the payment of a fee applicable to parking where such meters are in
operation. The town board of any town may exercise these powers on
behalf and at the expense of a public parking district with respect to
highways outside of villages but within such public parking district, in
which event the fees from such parking meters shall belong to such
district, and the cost of operation and maintenance thereof shall there-
after be borne by such public parking district.
10. Establish a system of truck routes upon which all trucks, trac-
tors, and tractor-trailer combinations having a total gross weight in
excess of ten thousand pounds are permitted to travel and operate and
excluding such vehicles and combinations from all highways except those
which constitute such truck route system. Such exclusion shall not be
construed to prevent the delivery or pickup of merchandise or other
property along the highways from which such vehicles and combinations
are otherwise excluded. Any such system of truck routes shall provide
suitable connection with all state routes entering or leaving such town.
11. Temporarily exclude from any portion of any town highway any vehi-
cle with a gross weight of over four or more tons or any vehicle with a
gross weight in excess of any designated weight on any wheel, axle, any
number of axles, or per inch width of tire when in its opinion such
highway would be materially injured by the operation of any such vehicle
thereon. Such exclusion shall take effect upon the erection of signs on
the section of highway from which such vehicles are excluded, and a
notice that such vehicles are excluded shall be published in a newspaper
in the county where the highway is situated. The exclusion shall remain
in effect until the removal of the signs as directed by the town board.
Upon written application by any operator of a vehicle subject to this
section, the town board may issue a permit providing appropriate
exemption to such vehicle, if it is deemed that said vehicle is perform-
ing essential local pickup or delivery service and that a failure to
grant such permit would create hardship. Every such permit may designate
the route to be traversed and contain other reasonable restrictions or
conditions deemed necessary. Every such permit shall be carried on the
vehicle to which it refers and shall be open to inspection of any peace
officer, acting pursuant to his special duties, or police officer. Such
permits shall be for the duration of the restriction imposed under this
section.
12. Prohibit, restrict or regulate the operation of vehicles on any
controlled-access highway or the use of any controlled-access highway by
any vehicle, device moved by human power or pedestrian.
13. Prohibit or regulate the turning of vehicles or specified types of
vehicles at intersections or other designated locations.
14. Regulate the crossing of any roadway by pedestrians.
15. Authorize angle parking on any roadway.
16. Designate any highway or any separate roadway thereof for one-way
traffic.
17. Exclude trucks, commercial vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
trailer combinations from highways specified by such town board. Such
exclusion shall not be construed to prevent the delivery or pickup of
merchandise or other property along the highways from which such vehi-
cles and combinations are otherwise excluded.
18. Prohibit, restrict or limit the stopping, standing or parking of
vehicles.
19. Designate safety zones.
21. Designate a portion of a slope as a path for the use of bicycles.
22. Order signs or markings to identify the portion of the highway to
be used for bicycle travel.
23. Designate preferential use lanes for specified types or classes of
vehicles.
24. Prohibit, restrict or regulate the operation of limited use vehi-
cles on any street or highway.
25. Adopt such additional reasonable ordinances, orders, rules and
regulations with respect to traffic as local conditions may require
subject to the limitations contained in the various laws of this state.
26. Make special provisions with relation to stopping, standing or
parking of vehicles registered pursuant to section four hundred four-a
of this chapter or those possessing a special vehicle identification
parking permit issued in accordance with section one thousand two
hundred three-a of this chapter.
27. Declare a snow emergency and designate any highway or portion
thereof as a snow emergency route.
28. Exclude trucks, commercial vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
trailer combinations in excess of any designated weight, designated
length, designated height, or eight feet in width, from highways or set
limits on hours of operation of such vehicles on particular town high-
ways or segments of such highways. Such exclusion shall not be construed
to prevent the delivery or pickup of merchandise or other property along
the highways from which such vehicles or combinations are otherwise
excluded.
(b) Each such town board shall cause to be determined, for all bridges
and elevated structures under its jurisdiction, the capacity in tons of
two thousand pounds which the bridge or structure will safely carry.
Upon bridges or structures of insufficient strength to carry safely the
legal loads permissible by section three hundred eighty-five of this
chapter, the town board shall cause signs to be erected to inform
persons of the safe capacity.
(c) Each such town board shall cause signs to be erected to inform
persons of the legal overhead clearance for all bridges and elevated
structures on highways under its jurisdiction. The legal clearance shall
be one foot less than the measured clearance. The measured clearance
shall be the minimum height to the bridge or structure measured verti-
cally from the traveled portion of the roadway. On bridges or structures
having fourteen feet or more of measured clearance, no such signs shall
be required.
(d) Such a town board also may by ordinance, order, rule or regulation
prohibit, restrict or limit the stopping, standing or parking of vehi-
cles upon property owned or leased by such town.
(e) Any town with a population of seven hundred thousand or more may
by local law or ordinance, provide for the removal and storage of vehi-
cles parked on private property upon request of the owner of such
private property, where such vehicles constitute an obstruction to the
private property owner`s right of ingress and egress, and for the
payment of reasonable charges for such removal and storage by the owner
or operator of any such vehicle. Such local law or ordinance shall be
applicable only in the unincorporated areas of such town.
(f) No town shall enact any local law or ordinance to prohibit the use
of sidewalks by persons with disabilities who use either a wheelchair or
an electrically-driven mobility assistance device being operated or
driven by such person.
S 1660-a. Traffic regulations at parking areas and driveways of hospi-
tals, shopping centers, office buildings and office building complexes,
places of public assembly, private apartment complexes, fire stations,
private condominium complexes, industrial parks and industrial
complexes. The town board of any town, with respect to the parking areas
and driveways of a hospital, office building or office building complex
or place of public assembly, or parking area of a shopping center or the
parking areas and driveways of facilities owned or leased by a not-for-
profit corporation or the parking area and private streets or roadways
of a private apartment house complex, or the parking areas and driveways
of a fire station, or private condominium complex, or the parking areas,
private streets, roadways or driveways of an industrial park or indus-
trial complex, and pursuant to the written request of either the owner
or the person in general charge of the operation and control of such
area, the fire chief of the fire department or the police chief or the
police commissioner of the police department serving such area, may, by
local law or ordinance:
1. Order stop signs, flashing signals or yield signs erected at
entrance or exit locations to any such area or designate any inter-
section in such area as a stop intersection or as a yield intersection
and order like signs or signals at one or more entrances to such inter-
section.
2. Regulate traffic in any such area, including regulation by means of
traffic-control signals.
2-a. Notwithstanding the provisions of section sixteen hundred sixty-
two-a to the contrary, establish maximum speed limits in any such area
at not less than fifteen miles per hour.
3. Prohibit or regulate the turning of vehicles or specified types of
vehicles at intersections or other designated locations in any such
area.
4. Regulate the crossing of any roadway in any such area by pedestri-
ans.
5. Designate any separate roadway in any such area for one-way traf-
fic.
6. Prohibit, regulate, restrict or limit the stopping, standing or
parking of vehicles in specified areas of any such area.
7. Designate safety zones in any such area.
8. Provide for the removal and storage of vehicles parked or abandoned
in any such area during snowstorms, floods, fires or other public emer-
gencies, or found unattended in any such area, (1) where they constitute
an obstruction to traffic or (2) where stopping, standing or parking is
prohibited, and for the payment of reasonable charges for such removal
and storage by the owner or operator of any such vehicle.
9. Adopt such additional reasonable rules and regulations with respect
to traffic and parking in any such area as local conditions may require
for the safety and convenience of the public or of the users of any such
area.
10. Make special provisions with relation to stopping, standing or
parking of vehicles registered pursuant to section four hundred four-a
of this chapter or those possessing a special vehicle identification
parking permit issued in accordance with section one thousand two
hundred three-a of this chapter. In the case of a college or universi-
ty, as defined in section two of the education law, the provisions of
this section shall apply only upon the written request of the governing
body of such college or university.
S 1662. Additional traffic regulations in towns in the county of
Suffolk. In addition to the other powers granted by this article, the
town board of any town in the county of Suffolk with respect to highways
outside of villages in such town, subject to the limitations imposed by
section sixteen hundred eighty-four and subject to disapproval by the
department of transportation may by ordinance, order, rule or regulation
limit the parking time of vehicles in congested areas.
S 1662-a. Speed limits in certain towns. The town board of any subur-
ban town governed pursuant to article three-A of the town law and the
town board of any other town having a population exceeding fifty thou-
sand, with respect to highways (which term for the purposes of this
section shall include private roads open to public motor vehicle traf-
fic) in such towns outside any village, other than state highways main-
tained by the state on which the department of transportation shall have
established higher or lower speed limits than the statutory fifty-five
miles per hour speed limit as provided in section sixteen hundred twen-
ty, or on which the department of transportation shall have designated
that such towns shall not establish any maximum speed limit as provided
in section sixteen hundred twenty-four, subject to the limitations
imposed by section sixteen hundred eighty-four may by local law, ordi-
nance, order, rule or regulation establish maximum speed limits at which
vehicles may proceed within such towns, within designated areas of such
towns or on or along designated highways within such towns lower than
the fifty-five miles per hour maximum statutory limit. No such speed
limit applicable throughout such towns or within designated areas of
such towns shall be established at less than thirty miles per hour,
except that in the town of Hempstead speed limits may be established at
not less than fifteen miles per hour on any portion of a highway in the
community known as Point Lookout; provided, however, that no such speed
limit in such town may be established unless a majority of the residents
of such community file a petition with the town board of such town
requesting such speed limit. No such speed limit applicable on or along
designated highways within such towns shall be established at less than
twenty-five miles per hour, except that school speed limits may be
established at not less than fifteen miles per hour on any portion of a
highway passing a school building for not more than three hundred feet
in either direction from the building line of a school abutting on the
highway, and except further that in the town of Hempstead speed limits
may be established at not less than fifteen miles per hour on any
portion of a highway in the community known as Point Lookout; provided,
however, that no such speed limit in such town may be established unless
a majority of the residents of such community file a petition with the
town board of such town requesting such speed limit.
S 1662-b. Residential parking system in the town of Eastchester in the
county of Westchester. 1. Notwithstanding the provisions of any law to
the contrary, the town board of the town of Eastchester may, by adoption
of a local law or ordinance, provide for a residential parking permit
system and fix and require the payment of fees applicable to parking
within the area in which such parking system is in effect in accordance
with the provisions of this section.
2. Such residential parking permit system may only be established
within the area of the town consisting of the following roadways:
(a) Garth road;
(b) Grayrock road;
(c) Essex place;
(d) Buckingham place.
3. Notwithstanding the foregoing, no permit shall be required on those
portions of such streets where the adjacent properties are zoned for
commercial/retail use.
4. The local law or ordinance providing for such residential parking
system shall:
(a) set forth factors necessitating the enactment of such parking
system;
(b) provide that motor vehicles registered pursuant to section four
hundred four-a of this chapter shall be exempt from any permit require-
ment;
(c) provide the times of the day and days of the week during which
permit requirements shall be in effect;
(d) make not less than fifteen percent of the spaces within the permit
area available to nonresidents, and shall provide short term parking of
not less than sixty minutes in duration in the permit area;
(e) provide the schedule of fees to be paid for such permits; and
(f) provide that such fees shall be credited to the general fund of
the town unless otherwise specified in such local law.
5. No ordinance shall be adopted pursuant to this section until a
public hearing thereon has been had in the same manner as required for
public hearings on a local law pursuant to the municipal home rule law.
S 1663. Special speed limits on bridges and other elevated structures.
The town board of any town may determine the maximum speed which may be
maintained without structural damage to bridges and elevated structures
that are a part of any town highway in such town and, if, such maximum
speed is lower than the maximum speed limit otherwise applicable, may by
order, rule or regulation establish such lower maximum speed limit at
which vehicles may proceed on any such bridge or structure.
S 1664. Application of article. This article shall not apply with
respect to state highways maintained by the state which are controlled
access highways, nor to highways under the jurisdiction of the New York
state thruway authority, the office of parks and recreation, a county
park commission, a parkway authority, a bridge authority, or a bridge
and tunnel authority.
