[HISTORY: Adopted by the Town Board of the
Town of Clinton 12-14-1993 by L.L. No. 4-1993. Amendments noted where
applicable.]
This chapter is enacted pursuant to the authority
of Municipal Home Rule Law § 10(1)(ii)(a)(6) and 10(4)(a)
and (b), authorizing towns to adopt a local law in relation to the
care, management and use of its highways, roads, streets, avenues
and property and to delegate to any officer or agency of the town
administrative authority to fulfill the provisions of any local law
as well as enforcement of a local law by legal proceedings providing
for lawful punishment for violation thereof.
In order to permit the Town Highway Department
or any Town agency to effectively take care of, manage and clear Town
highways, roads, streets, avenues and property, it is deemed advantageous
by the Town Board of the Town of Clinton to enact a local law to provide
for the authorization and administration of the removal of vehicles,
equipment and supplies from all Town highways, roads, streets, avenues
and property during inclement weather, emergency and disaster conditions
and to provide for appropriate enforcement of the law and collection
of fees or monies expended by the Town in implementing this law.
When any vehicle, equipment and supplies are
parked, stored or abandoned on any highway, road, street, avenue or
property of the Town of Clinton, from November 15 through April 15
during or within five days after a snowstorm, and/or during icy conditions,
flood or other inclement weather when plowing, or other necessary
care must be implemented to render Town highways usable and safe,
or during fire or any other emergency and/or disaster condition which
affects that portion of the public highway upon which said vehicle,
equipment or supplies are parked or abandoned, said vehicle, equipment
or supplies may be removed by the Town Highway Superintendent or his/her
agents.
The Town Highway Superintendent may utilize the services of commercial towers to remove vehicles, equipment and supplies from Town highways, roads, streets, avenues and property for the purpose of facilitating and complying with §§ 233-2 and 233-3 of this chapter. All fees and related charges for towing and storage of any vehicle, equipment or supplies made and done pursuant to this chapter shall be a direct charge from the commercial tower to the owner or otherwise responsible party whose property was so removed.
Any commercial tower engaged by the Town Highway
Superintendent to remove any vehicle, equipment and supplies pursuant
to this chapter shall, before effecting any said removal, file with
the Town Highway Superintendent and the Town Clerk a written waiver
and indemnification of all liability, costs and fees in favor of the
Town of Clinton for any and all damage, loss or theft of any property
towed and/or stored by the commercial tower. The waiver must be signed
by an owner, proprietor, officer or director of the commercial tower
who is duly authorized to contract said waiver. Any commercial tower
who may remove a vehicle or other property pursuant to this chapter
who may not have filed a waiver shall be deemed to have waived liability
and indemnify the Town of Clinton for all costs, fees and damages
as if the waiver had been filed.
Upon the removal of a vehicle or other property,
pursuant to this chapter, the Town Highway Superintendent shall report
the removal and disposition of the vehicle or other property to the
Town Clerk. It shall be the duty of the Town Clerk to ascertain to
the extent possible the owner or person having same in charge of the
vehicle or other property removed, and to notify that person of the
removal and disposition of said vehicle or other property. Any costs
incurred by the Town Clerk in performing this duty shall be a direct
charge to the owner or person in charge of the removed property.
Any person or business entity who violates the provisions of this chapter shall be guilty of a Violation B, punishable as set forth in Chapter 137, Fines and Penalties. In addition to the above-provided penalty and punishment for violation of this chapter, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, to restrain by injunction any violation of this chapter and/or seek restitution or damages for recovery for all monies expended in enforcement thereof. The Town Highway Superintendent is authorized to issue appearance tickets for violations of this chapter.
