[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 6-19-1978 by L.L. No. 13-1978. Amendments noted
where applicable.]
[Amended 10-6-1997 by L.L. No. 9-1997]
As used in this chapter, the following terms shall have the meanings
indicated:
The same meaning ascribed in § 1224 of the Vehicle and
Traffic Law.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, to deposit or cause
or permit to be deposited an abandoned, junked, discarded or unregistered
motor vehicle on any private land within the limits of the incorporated village.
[Added 12-8-1997 by L.L. No. 11-1997]
Any motor vehicle or motorcycle which shall be abandoned in any public
place within the Village of Cedarhurst is declared to be a nuisance and shall,
upon his or her knowledge of the same, be taken into custody by the Superintendent
of Highways of the Village and shall be removed by him or her to such public
or private storage garage as he or she shall determine.
Immediately following the taking into custody and removal of an abandoned
vehicle, the Superintendent of Highways shall notify the Nassau
County Police Department of such action and shall report to the Commissioner
of Motor Vehicles of the State of New York on forms prescribed and furnished
by the Commissioner pursuant to Section 424 of the Vehicle and Traffic Law
of the State of New York.
[Amended 10-6-1997 by L.L. No. 9-1997]
In the event that the ownership of such abandoned vehicle cannot be
determined or the owner's address cannot be ascertained or in the event
the owner shall fail or refuse to redeem such abandoned vehicle within 10
days after delivery to the owner or owner's agent or employee of notice,
by registered or certified mail, that such vehicle is in the custody of the
Superintendent of Highways, then, and in any of such events, unless the Commissioner
of Motor Vehicles shall sooner take such vehicle into his custody pursuant
to Section 424 of the Vehicle and Traffic Law, the Superintendent of Highways
may, at the expiration of 10 days after taking such vehicle into custody,
cause the same to be sold as herein provided.
The sale of an abandoned vehicle hereunder shall be a public sale upon
notice of such sale being posted conspicuously in at least three public places
within the village not less than six days prior to the date of sale. The Superintendent
of Highways may, in his or her discretion, give additional publicity to such
sale or may delay the sale in the interest of justice.
The owner of any vehicle which is in the custody of the Superintendent
of Highways pursuant to the provisions of this chapter may redeem the same
upon paying to the village the reasonable and necessary expenses incident
to the custody and storage of such vehicle.
The proceeds of any sale hereunder, less the reasonable and necessary
expenses incident to the custody, preservation and sale of such abandoned
vehicle, shall be deemed abandoned property subject to the provisions of the
Abandoned Property Law.
[Added 10-6-1997 by L.L. No. 9-1997]
Once a vehicle has been abandoned, as defined herein, neither the Village
of Cedarhurst nor any of its officers and/or employees shall be responsible
for any damages to any such vehicle resulting from the necessary removal and/or
relocation thereof.
