Montgomery County Seal!RESOLUTION NO. 285 of 2019

DATED: November 26, 2019
     

RESOLUTION ADOPTING INTRODUCTORY LAW E (LOCAL LAW 5 OF 2019) - A LOCAL LAW ESTABLISHING VEHICLE FEE (SHERIFF) 


Resolution by Legislator:   Sweet
Seconded by: Pepe

WHEREAS, the Sheriff wishes to establish a fee for storage pertaining to vehicles at the Montgomery County Sheriff's Office; and

WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law No. E of 2019 (Local Law 5) entitled "A Local Law Establishing Vehicle Storage Fee" hereby is adopted and is incorporated  as follows:

Be it enacted by the Montgomery County Legislature as follows:

Section 1: 

The purpose of this local law is to establish a vehicle storage fee at the Montgomery County Sheriff's Office for vehicles that are not collected after they are released. This fee will assist the Sheriff of Montgomery County with running the impound lot, maintenance and repairs needed for the Impound Lot.

Section 2:

Effective January 1, 2020 the Sheriff of Montgomery County will be charging a $15.00 a day storage fee for vehicles which will be  applied after notification is given to the vehicle owner that the vehicle is released and that they have three (3) regular days to remove the vehicle.  If the vehicle is not removed after the three (3) days or 72 hours after notification, the storage fee will commence until the vehicle is removed. If a fee incurs it must be paid prior to release of the vehicle.

Section 3:

The purpose for charging fees for the storage of vehicles being impounded is to cover the costs and manpower for running an impound lot that often has an excess of vehicles.  

Section 4:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 5:

To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.  

Section 6:

This law shall be effective on January 1, 2020.

RESOLUTION VOTE, passed with Aye(8). Legislator Isabel was absent. (11/26/2019)


Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ADOPTING INTRODUCTORY LAW F (LOCAL LAW 6 OF 2019) - A LOCAL LAW ESTABLISHING A FEE FOR VEHICLE STORAGE (SHERIFF)


II. Justification:

We continue to have an issue of vehicles that sit in our impound lot with the owners having no real motivation to remove them.  By establishing this fee it may assist in them retrieving the vehicle or us obtaining possession of the vehicle for auction or salvage and cover costs for running the Impound Lot.  This policy has been in place for the Sheriff's Office internally prior to my arrival, but no resolution was ever established to approve the actual fee.  


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

The only financial impact for this resolution is the possibility of raising revenue.



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Yes 
Sweet (R) Yes 
Dimond (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Yes 
Duchessi (D) Yes 
Pepe (R) Yes 
Isabel (D) Absent 
Purtell (D) Yes 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 26th day of November, 2019, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 18th day of December, 2019


Totals:Aye: 8
Nay: 0 
Abstained: 0
Absent: 1



This resolution was approved by the County Executive on 12/18/2019
Resolution was enacted on 11/27/2019