Hello again! I am asking this question for my mother. She and my stepfather live in a building along Main St, in a town in New York state. They have on-street and off street parking available, so when inclement weather strikes, they must move their cars to the off-street so Main st. can be cleaned. We just had this pretty heavy snowstorm on Sunday night/Monday morning. My parents failed to moved their individual vehicles, so they awoke 4am Monday morning to a tow truck carting away my stepdads vehicle. My mothers car wasn't hooked up to the tow truck (we all know once its hooked, its as good as gone) and the tow truck driver said she could take it, but the officer present told her she couldn't move it, that it must be towed. So towed away it was. I understand that it was their fault the cars got towed, so do they. However, if they had time to move at least one vehicle with the permission of the tow driver, why did the cop not allow it? Is this illegal, can she be reimbursed for the tow of HER vehicle? She spoke to the chief of police, and he basically said that the officer shouldn't have done that, but offered no means of compensation.
Feel free to ask more questions if I haven't been specific enough. Thank you!

She is not allowed to park where she was parked or her vehicle will be towed - she knew this. You also can't park without putting money in the meter and then come racing out when the Meter Maids arrive.

I see no problem here with the way the law was enforced - it doesn't appear anyone got any special treatment.

I doubt that they will get reimbursed for the tow. They knew a storm was coming and did not remove the cars from the street to the designated area. Their not moving the cars until the tow driver shows up is not a valid excuse. The chief knows better but didn't want to get into an argument over this at the time.

Next storm be sure to move the cars early. This was just an expensive lesson your folks.

Legally once the officer "impounds" it for a towable violation the officer has the option to let them take it or not.
Personally the officer was a jerk, he should have let them take it, but legally he can do it

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Originally Posted by JudyKayTee

She is not allowed to park where she was parked or her vehicle will be towed - she knew this. You also can't park without putting money in the meter and then come racing out when the Meter Maids arrive.

I see no problem here with the way the law was enforced - it doesn't appear anyone got any special treatment.

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I would agree if this were the case, but the onstreet parking requires no form of payment, nor is it illegal to park there. They were towed because they were blocking the emergency street cleaning. Again, understandable but if the tow truck hasn't already been hooked up (which it hadn't been to her vehicle) and the tow driver told her she could move it, why was she not allowed to?

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Originally Posted by Fr_Chuck

Legally once the officer "impounds" it for a towable violation the officer has the option to let them take it or not.
Personally the officer was a jerk, he should have let them take it, but legally he can do it

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This answers my question. And yeah it does sound like he was a jerk, since he had already towed away one of their vehicles.

I know I have towed many cars in Atlanta over the years, drunks, blocking drive ways, illegally parked, but in all cases we tried to get someone to take them.

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Originally Posted by HighandDryinnNy

I would agree if this were the case, but the onstreet parking requires no form of payment, nor is it illegal to park there. They were towed because they were blocking the emergency street cleaning. Again, understandable but if the tow truck hasn't already been hooked up (which it hadn't been to her vehicle) and the tow driver told her she could move it, why was she not allowed to?

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I'm also in NY - it's very clear here that when it's an emergency and people are advised to get their cars off the street there ARE no second chances. The tow trucks show up followed by the plows and the cars get towed. People complain all the time but that's how it works. The Police/plow/tow truck are NOT going to stand there while people brush off their cars and attempt to dig them out.

Not the least bit unusual to say that today the North side of Main Street is an emergency plow zone and tomorrow it will be the South side. Not the least unusual at all.

And I guarantee that if someone had been allowed to move a car before towing someone else would be posting, "Why them and not me?"

Reminds me of the time my nephew's car was ticketed as he threw himself at the parking meter, coin in hand. His argument? He was there before the Officer. The Officer reached over and smashed in my nephew's headlight and then ticketed him for an expired meter and broken headlight. My nephew lost the case in Court.

Not saying it's right, not saying it should happen - but he's never received another parking ticket.

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Originally Posted by JudyKayTee

Reminds me of the time my nephew's car was ticketed as he threw himself at the parking meter, coin in hand. His argument? He was there before the Officer. The Officer reached over and smashed in my nephew's headlight and then ticketed him for an expired meter and broken headlight. My nephew lost the case in Court.

Not saying it's right, not saying it should happen - but he's never received another parking ticket.

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Wow that's awful. I can't believe that the officer would do something like that!

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Originally Posted by HighandDryinnNy

I would agree if this were the case, but the onstreet parking requires no form of payment, nor is it illegal to park there. They were towed because they were blocking the emergency street cleaning. Again, understandable but if the tow truck hasn't already been hooked up (which it hadn't been to her vehicle) and the tow driver told her she could move it, why was she not allowed to?

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Let me ask one question and this should hopefully lead you to understand.

Are there signs posted on the street saying in big letters that there is No Parking During Snow Emergencies or wording to that effect? If so, then that's your answer to your original question.

It's similar to a "No Parking" sign.
No parking = ticket and/or towed if parked.
No parking during snow emergency = towing and/or ticket during snow emergencies.

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Originally Posted by twinkiedooter

Let me ask one question and this should hopefully lead you to understand.

Are there signs posted on the street saying in big letters that there is No Parking During Snow Emergencies or wording to that effect? If so, then that's your answer to your original question.

It's similar to a "No Parking" sign.
No parking = ticket and/or towed if parked.
No parking during snow emergency = towing and/or ticket during snow emergencies.

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I don't want to beat a dead horse anymore, but I was not disputing the actual tows. I know, and my parents know, that you have to move during a snow emergency, which they failed to do. So we are aware that this is their fault. My question was, if while ONE car is getting towed, does the police have the right to tell my mom she can't move it even if it is not hooked up to the tow truck and the tow truck is currently towing another car. Basically, JudyKay and Fr_Chuck gave me the best answers, which was the police have the right to hold the car once it is cited, even if she did have time to move it. But thank you for trying to lead me to understand. :)