Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[Adopted 1-25-1971]
The purpose of this article is to prevent any obstruction or interference with the use of Town roads and highways for public travel; to prevent any obstruction or interference with the construction, reconstruction or maintenance of such roads and highways; to facilitate the clearing and removal of snow and ice from such roads and highways; and to prevent any obstruction or interference with any operation of the Town Highway Department during public emergencies.
A. 
For the purposes of this article, the "winter season" is hereby defined as the period from November 1 of each year to March 31 of the following year, between the hours of 1:00 a.m. to 7:00 a.m.
[Amended 3-1-1982 by L.L. No. 2-1982]
B. 
For the purposes of this article, the term "vehicle" shall be defined as any motor vehicle, trailer or wheeled conveyance.[1]
[1]
Editor's Note: Former Subsection C, regarding parking on Town roads or highways during the winter season, which immediately followed, was repealed 8-20-2008 by L.L. No. 7-2008. See now § 143-4.
A. 
The Superintendent of Highways of the Town of Fishkill shall have the power to cause the immediate removal from the right-of-way of any Town road, highway or on any other public property of the Town, of any vehicle which obstructs or interferes with the use of such road or highway for public travel, or which, after posted notice thereof, obstructs or interferes with the construction, reconstruction or maintenance of such road or highway, or which obstructs or interferes with the clearing or removal of snow or ice from such road or highway during the winter season, or which obstructs or interferes with any operation of the Town Highway Department during public emergencies.
B. 
The Superintendent of Highways of the Town of Fishkill shall have the power to cause the removal and disposition of any vehicle left unattended for more than 24 hours within the right-of-way of any Town road or highway of the Town or on any other public property of the Town, or which in any other way violates this article.
C. 
After the removal of any such vehicle as provided herein, the Superintendent of Highways may store the same in a suitable place at the expense of the owner thereof. Such owner may redeem the same upon payment to the Town Clerk of the amount of expense actually and necessarily incurred in effecting such removal; such removal charge, plus storage costs or charges, shall be as provided in Chapter 68, Fees.
[Amended 7-6-1981 by L.L. No. 10-1981]
D. 
The Town Highway Superintendent shall, without unreasonable delay, report the removal and disposition of any such Clerk and police authorities within the Town. It shall be the duty of the Town Clerk, to the extent reasonably possible, to notify the owner of such vehicle, by ordinary mail, of such removal and disposition and of the amount which will be required to redeem the same as of the date of such notice.
E. 
The redemption charges provided for in this section are not in themselves intended as a penalty for the violation of this article, and the payment of the same by the owner shall not be an alternative to the penalty provided under § 143-4 hereof.
[Amended 12-20-1976; 1-18-1994 by L.L. No. 3-1994; 8-20-2008 by L.L. No. 7-2008]
No person shall park or allow to remain parked any vehicle on any Town road or highway during the winter season as defined in § 143-2A herein. Any violation of that section shall constitute a traffic infraction, subject to the penalties set forth in Article VIII of this chapter.