A.
The Dutchess County Sheriff, any police officer or
peace officer, as defined in the New York State Criminal Procedure
Law, the Zoning Administrator, the Deputy Zoning Administrator, the
Building Inspector, the Deputy Building Inspector, the Fire Inspector,
the Deputy Fire Inspector, the Superintendent of Highways and the
Town Constable of the Town of Wappinger, or their designees, may cause
a vehicle to be removed when any such vehicle is:
[Amended 8-18-2003 by L.L. No. 10-2003]
(1)
Parked or abandoned on any public highway within the
Town of Wappinger during a snowstorm, flood, fire or other public
emergency.
(2)
Found unattended on any highway within the Town of
Wappinger where said vehicle constitutes an obstruction to traffic.
(3)
Parked or abandoned on any public highway within the
Town of Wappinger where stopping, standing or parking is prohibited.
(4)
Otherwise parked in violation of this article.
B.
After removal of any vehicle as provided above, the
person acting on behalf of the Town may cause the storage of such
vehicle in a suitable place at the expense of the owner. Such owner
or person in charge of the vehicle may redeem the same upon payment
to the Town Clerk of the Town of Wappinger of the amount of all reasonable
expenses actually and necessarily incurred in affecting such removal,
together with any charges for storage.
C.
The person acting on behalf of the Town as provided
above shall without delay report the removal and disposition of any
such vehicle removed to the Town Clerk of the Town of Wappinger. The
Town Clerk shall ascertain, to the extent possible, the owner of such
vehicle or the persons having charge of such vehicle and notify the
owner of the removal and disposition of such vehicle and the amount
which shall be required to redeem the same to the extent that such
amount can be calculated at the time of such notice. Such notice shall
be in writing and shall be mailed to the address ascertained by the
Town Clerk to be the address of the owner having charge of such vehicle.
D.
Nothing herein contained shall limit the right of
enforcement of this article solely to removal and storage pursuant
to this section.
[Amended 8-18-2003 by L.L. No. 10-2003]
In addition to the authority to remove and store vehicles set forth in § 230-32 above, the Dutchess County Sheriff, any police officer or peace officer, as defined in the New York State Criminal Procedure Law, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector, the Superintendent of Highways and the Town Constable of the Town of Wappinger, or their designees, shall be authorized and empowered to issue or cause to be issued an appearance ticket for any violation of any of the provisions of this article, to be returnable in the Justice Court of the Town of Wappinger or any other court of competent jurisdiction.
