[HISTORY: Adopted by the Town Board of the Town of Austerlitz
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-11-1993 by L.L. No. 1-1993]
Pursuant to the authority conferred by § 1660, Subdivision
(a)8, of the Vehicle and Traffic Law of the State of New York, the
Superintendent of Highways of the Town of Austerlitz shall have the
power, during any snowstorm, flood, fire or other public emergency,
to remove and store, without prior notice to the owner or operator,
any vehicle found parked, abandoned or unattended on any public highway
when such vehicle constitutes an obstruction to traffic or prevents
the Town Highway Department from plowing, maintaining, or providing
access over said highway.
Any such parked, abandoned or unattended vehicle may be removed
and stored upon adjacent lands of the owner or operator, if known
to the Superintendent of Highways, or the Town Highway Garage premises.
The owner and/or operator of any parked, abandoned or unattended
vehicle removed and/or stored by the Superintendent of Highways under
the provisions of this article shall be liable for the payment of
a removal charge of $50 and a storage charge of $10 per day if the
removed vehicle is stored at the Town Highway Garage facilities. Any
such charges will be payable to the Town of Austerlitz and shall be
paid before the removed vehicle is released to the owner or operator.
Such charges shall constitute a civil penalty and may be collected
by the Town in a small claims proceeding instituted in the Town Justice's
Court.
