[Amended 12-6-1993 by L.L. No. 11-1993; 11-18-1996 by L.L. No. 11-1996]
A. A vehicle may be removed or by at the direction of
any employee or agent of the village duly designated by the Mayor,
the Village Clerk or a member of the Police Department where:
(1) Said vehicle is parked or abandoned on any street
or highway within the village during a snowstorm, flood, fire or other
public emergency; or
(2) Said vehicle is found unattended on any street or
highway where stopping, standing or parking of vehicles is prohibited;
or
(3) Said vehicle is deemed abandoned or otherwise subject
to seizure or removal pursuant to § 1224 of the Vehicle
and Traffic Law or any other statute or local law; or
(4) Said vehicle has three or more outstanding and unpaid
parking violations against it and which, 10 days after mailing to
the registered owner a final notice, is found operated or parked on
any public street, highway or parking lot.
B. Such removal shall be done without incurring any liability
for damages to the vehicle, provided that reasonable care has been
taken in its removal.
[Added 11-18-1996 by L.L. No. 11-1996]
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.
After such removal of any vehicle as provided
in this Article, such vehicle may be stored at a place designated
by the Mayor or Clerk to be there held until the owner or operator
of such vehicle shall call for and remove same.
[Amended 5-3-1993 by L.L. No. 6-1993]
Prior to such removal from such storage, the
owner of such vehicle shall pay the cost of towing the vehicle and
the cost of storage for each day or portion of a day that such vehicle
is so stored. Charges for towing and storage shall not exceed those
established by resolution of the Board of Trustees.
[Amended 11-18-1996 by L.L. No. 11-1996]
The Clerk, or other party designated by the
Mayor, shall, without delay, report to the Mayor and the Board of
Trustees the removal and disposition of any vehicle as provided in
this article and also shall notify the owner or operator of any such
vehicle, if the name of such owner or operator can be ascertained,
of the removal and disposition of any such vehicle and of the amount
required to be paid before the same may be removed from storage.
[Added 12-6-1993 by L.L. No. 11-1993]
If an abandoned vehicle is not removed from storage by the owner in accordance with §
240-33 after the village has given such notification as is required by law, the village may:
A. Sell the vehicle at public auction and hold the proceeds
from the sale, less expenses incurred by the village (which shall
be immediately deducted from the proceeds of sale and paid into the
general fund of the village), for the benefit of the owner of such
vehicle for one year. If not claimed within such one-year period,
such proceeds shall be paid into the general fund of the village.
Interest on the proceeds of sale, if any, shall become the property
of the village as it accrues, regardless of whether the vehicle is
reclaimed by the owner during the one-year period.
B. Convert to its own use in any calendar year up to
1% of its unclaimed abandoned vehicles not affected by § 1224,
Subdivision 2, of the Vehicle and Traffic Law or may, by sale or gift,
transfer title of any of such vehicles to any other municipal corporation
for use by its law enforcement agency; provided however, that the
total number of vehicles converted and/or transferred in any calendar
year may not exceed 1% of the Village's unclaimed abandoned vehicles
not affected by § 1224(2) of the Vehicle and Traffic Law
or two such vehicles, whichever is greater.
C. Dispose of such vehicle in such other manner authorized
by law.
[Added 11-7-2005 by L.L. No. 9-2005]
A. Definition. "Motor vehicle" shall mean any vehicle
propelled by any power other than muscular power and shall include
snowmobiles, as defined in Article 47 of the New York State Vehicle
and Traffic Law; all-terrain vehicles, as defined in Article 48-B
of the New York State Vehicle and Traffic Law; and any other vehicle
powered by an electric, natural gas, gasoline or diesel engine.
B. No person shall operate, drive, store or park a motor
vehicle or trailer on any unimproved land, wooded or otherwise, that
is owned by the Incorporated Village of Lynbrook.
C. Exempted vehicles. Exempted vehicles are: vehicles
that are necessary to conduct a governmental function, utility vehicles
needed by a utility company to repair or install its equipment, vehicles
needed by a public authority to install or repair its equipment, and
any other vehicle authorized by the Incorporated Village of Lynbrook.
D. A police officer is authorized to impound any vehicle or trailer found parked, stored or abandoned in violation of §
240-34.2B of this chapter.
E. A violation of this section shall be punishable by
a fine of $250. Each seven-day period of such violation shall constitute
a separate violation punishable by such fine.