Informal Opinion No.

George A. O'Hanlon, Esq. Village Attorney, Port Chester

You have referred to our informal opinion No. 81-87, which concluded that under certain circumstances a boot or locking device may be utilized to immobilize a vehicle in violation of local parking regulations. Your questions are whether a twenty-five dollar fee may be charged for removal of the boot; how the fee is to be allocated in the local budget; and whether the fee must be returned if the defendant is acquitted of the traffic infraction.

In Informal Opinion No. 81-87, we cited the authority of villages under the Vehicle and Traffic…