N.Y. Vehicle & Traffic Law § 1224: Abandoned vehicles

§ 1224. Abandoned vehicles. 1. A motor vehicle shall be deemed to be

an abandoned vehicle if left unattended

(a) with no number plates affixed thereto, for more than six hours on

any highway or other public place;

(b) for more than twenty-four hours on any highway or other public

place, except a portion of a highway or public place on which parking is

legally permitted;

(c) for more than forty-eight hours, after the parking of such vehicle

shall have become illegal, if left on a portion of a highway or public

place on which parking is legally permitted;

(d) for more than ninety-six hours on property of another if left

without permission of the owner.

2. If an abandoned vehicle, at the time of abandonment, has no number

plates affixed and is of a wholesale value, taking into consideration

the condition of the vehicle, of two thousand two hundred fifty dollars

or less, ownership shall immediately vest in the local authority having

jurisdiction thereof and title to the vehicle shall vest in accordance

with applicable law and regulations of the commissioner, provided

however that a local authority shall not be required to obtain title to

an abandoned vehicle that is subject to the provisions of this

subdivision if the vehicle will be sold or otherwise disposed of as junk

or salvage, dismantled for use other than as a motor vehicle, or

otherwise destroyed.

3. (a) Except for vehicles governed by subdivision two, a local

authority having custody of an abandoned vehicle shall make an inquiry

concerning the last owner of such vehicle as follows:

(i) abandoned vehicle with number plates affixed--to the jurisdiction

which issued such number plates;

(ii) abandoned vehicle with no number plates affixed--the department

of motor vehicles.

(b) Such local authority shall notify the last owner, if known, that

the vehicle in question has been recovered as an abandoned vehicle and

that, if unclaimed, it will be sold at public auction or by bid after

ten days from the date such notice was given. If the agency described in

paragraph (a) also notifies such local authority that a lien or mortgage

exists such notice shall also be sent to the lienholder or mortgagee.

The commissioner shall prescribe the methods of giving notice. Any

person claiming such vehicle shall be required to pay the costs of

removal and storage of such vehicle.

(c) Ownership of such abandoned vehicles, if unclaimed, shall vest in

such local authority ten days from the date such notice is given; or if

the last owner cannot be ascertained, when notice of such fact is

received.

4. For the purposes of this section, a local authority entitled to

custody of an abandoned vehicle shall be the town in which the vehicle

was abandoned, or if abandoned in a city or village, the city or village

in which the vehicle was abandoned, except that if a vehicle is

abandoned on property of the New York state thruway authority or

property under the jurisdiction of the office of parks, recreation and

historic preservation, the department of transportation, or a public

authority or commission, such authority, office, department or

commission shall be entitled to the custody of such vehicle.

Notwithstanding any provision of this section to the contrary, the

office of general services shall be entitled to the custody of any

vehicle abandoned on state property subsequent to its sale by such

office. The commissioner may, by regulation, provide that a county may

act as the agent for a local authority for the purpose of removing and

disposing of abandoned vehicles.

5. (a) Such local authority shall determine if an abandoned vehicle is

suitable for operation on the public highways. If so, the vehicle shall

be sold at public auction to the highest bidder or converted pursuant to

subdivision six of this section.

(b) If such local authority determines that an abandoned vehicle is

not suitable for operation on the public highways, it shall sell the

vehicle to a vehicle dismantler or scrap processor registered or

certified pursuant to section four hundred fifteen-a of this chapter or

to a vehicle dismantler or scrap processor who does not have a place of

business in this state but who conforms to the laws and regulations of

the state in which he has a place of business.

(c) An abandoned vehicle without a vehicle identification number plate

must be sold only to a vehicle dismantler or a scrap processor

registered or certified pursuant to section four hundred fifteen-a of

this chapter or to a vehicle dismantler or scrap processor who does not

have a place of business in this state but who conforms to the laws and

regulations of the state in which he has a place of business. Nothing

contained herein shall be construed as preventing a local authority from

applying for a replacement vehicle identification number plate.

6. (a) A local authority, if authorized by local law, may convert to

its own use those abandoned vehicles not affected by subdivision two of

this section or may, by sale or gift, transfer title to any of such

vehicles to any other municipal corporation for use by its law

enforcement agency, provided however, the total number of vehicles

converted and/or transferred in any calendar year may not exceed one

percent of the local authority's unclaimed abandoned vehicles not

affected by subdivision two of this section or two such vehicles,

whichever is greater.

(b) Any proceeds from the sale of an abandoned vehicle less any

expenses incurred by such local authority shall be held by the local

authority without interest, for the benefit of the owner of such vehicle

for a period of one year. If not claimed within such one year period,

such proceeds shall be paid into the general fund of such local

authority.

7. (a) No person shall cause any vehicle to be an abandoned vehicle.

There shall be a rebuttable presumption that the owner of an abandoned

vehicle caused such vehicle to be abandoned. A violation of this

subdivision shall be punishable by a fine of not less than two hundred

fifty dollars nor more than one thousand dollars. In a city having a

population of one million or more, a violation of this subdivision shall

in addition be punishable by a civil penalty of not less than two

hundred fifty dollars nor more than one thousand dollars.

(b) Notwithstanding any other provision of law, in addition to those

persons otherwise authorized to enforce this subdivision and adjudicate

violations thereof, this subdivision shall also be enforceable in a city

having a population of one million or more by an agency or agencies

designated for such purpose by the mayor of such city, and notices of

violation may be returnable to the environmental control board of such

city, which shall have the power to impose the civil penalties herein

provided. Notwithstanding any other provision of law, service of a

notice of violation for a violation of this subdivision committed in

such city may be made upon an owner by first class mail, postage

prepaid, and any such notice served by mail shall be returnable only to

such environmental control board. Such service by first class mail shall

be deemed complete upon mailing of the notice of violation, unless the

notice of violation is returned to the sender by the United States

postal service for any reason other than refusal of delivery. In

addition, any notice of violation for a violation of this subdivision

may be served by a means prescribed in article three of the civil

practice law and rules or article three of the business corporation law.

Notwithstanding any other provision of law, such civil penalties imposed

by such environmental control board shall be paid into the general fund

of such city. Notwithstanding section one hundred fifty-five of this

chapter or any other provision of law, where a person has been

adjudicated by such environmental control board to be in violation of

this subdivision, such adjudication shall not have the force and effect

of a conviction of a traffic infraction or of a violation of any

provision of this chapter for any purpose not specified in this

subdivision.

(c) Any final order issued pursuant to this subdivision by an

environmental control board of a city having a population of one million

or more shall constitute a judgment which may be entered in any place

provided for the entry of civil judgments within the state, and may be

enforced without court proceedings in the same manner as the enforcement

of money judgments entered in civil actions; provided, however, that no

such judgment shall be entered that exceeds the sum of ten thousand

dollars for each respondent. Notwithstanding the preceding sentence,

before a judgment based upon a default may be so entered, such

environmental control board must have notified the respondent by first

class mail in such form as such environmental control board may direct:

(1) of the default decision and order and the penalty imposed; (2) that

a judgment will be entered in any place provided for the entry of civil

judgments in the state; and (3) that entry of such judgment may be

avoided by requesting a stay of default for good cause shown and either

requesting a hearing or entering a plea pursuant to the rules of such

environmental control board within thirty days of the mailing of such

notice. No judgment based upon a default may be so entered by the

environmental control board within less than sixty days from the

completion of service by mail of the notice of violation as provided in

paragraph (b) of this subdivision. Any requirement of any provision of

law other than this subdivision that relates to the manner of service of

the notice of violation that precedes any final order of such

environmental control board shall not apply to a final order issued

pursuant to this subdivision. A judgment entered pursuant to this

paragraph shall remain in full force and effect for eight years.

(d) Notwithstanding any other provision of this chapter, where the

environmental control board of a city having a population of one million

or more has adjudicated any person to be in violation of this

subdivision and the civil penalty therefor is not paid, such

environmental control board shall notify the commissioner of motor

vehicles of the judgment, who shall suspend any license of such person

to operate a motor vehicle in this state, or, if such person is

unlicensed, such person's privilege of obtaining a license issued by the

commissioner, or, if such person is a non-resident, such person's

privilege of operating a motor vehicle in this state, pending payment of

such civil penalty. The procedures set forth in the first paragraph of

subdivision seven of section five hundred ten of this chapter shall be

applicable to a suspension pursuant to this paragraph.

(e) For purposes of this subdivision only, the term "owner" means any

person, corporation, partnership, firm, agency, association, lessor or

organization who at the time of the issuance of a notice of violation

for a violation of this subdivision:

(i) is the beneficial or equitable owner of the abandoned vehicle; or

(ii) has title to such vehicle; or

(iii) is the registrant or co-registrant of such vehicle registered

with the department of motor vehicles of this state or any other state,

territory, district, province, nation or other jurisdiction; or

(iv) uses such vehicle in its renting and/or leasing business; or

(v) is an owner of such vehicle as defined by section one hundred

twenty-eight of this chapter or subdivision (a) of section twenty-one

hundred one of this chapter.

9. The last owner of an abandoned vehicle shall be liable to such

local authority for the costs of removal and storage of such vehicle.

10. The commissioner shall prescribe by regulation such forms and

procedures necessary or desirable to effectuate the provisions of this

section. Such regulations may include procedures for the removal and

disposition of vehicle identification numbers of abandoned vehicles and

forms for local records for abandoned vehicles and inquiries relating to

ownership of such vehicles.