[HISTORY: Adopted by the Town Board of the Town of Frankfort 6-11-1985 by L.L. No.
4-1985. Amendments noted where applicable.]
Whenever road conditions in the Town of Frankfort shall become
hazardous or such that the free movement of fire, health, police-emergency,
snow removal equipment or other vehicular traffic may be impeded by
reason of snow, freezing rain, sleet, ice, water, debris, fire or
other natural or artificial causes, the Superintendent of the Town
of Frankfort, or such other person designated by him, may and he hereby
is authorized to declare the existence of an emergency.
As used in this chapter, the following terms shall have the
meanings indicated:
For the purpose of this chapter only, includes only the paved
portion of the highway owned by the Town of Frankfort and the County
of Herkimer within the boundaries of the Town of Frankfort and maintained
by the town for use for public travel.
Includes all portions of the highway owned by the Town of
Frankfort and the County of Herkimer within the boundaries of the
Town of Frankfort and maintained by the town for use for public travel,
including but not limited to shoulders, ditches, culverts and bridges.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including licensed
or unlicensed vehicles, except devices moved by human power or used
exclusively upon stationary rails or tracks.
A.
Whenever during the period between November 1 each year and May 1
the following year there shall be an accumulation of two inches or
more of snowfall on any highway in the Town of Frankfort, such highway
shall be deemed an emergency route.
B.
All such highways shall continue to be emergency routes until the
Superintendent of Highways of the Town of Frankfort shall have caused
the same to be plowed free of such snowfall or to be sanded.
The declaration of an emergency other than as set forth in § 85-3 above may be conveyed to the public by radio, television or newspaper. Notice may also be transmitted to the general public by distribution of notices, leaflets, handbills or other written or printed notices distributed to the general public or affixed to vehicles parked on the highways within the Town of Frankfort. If the emergency is obvious, such as fire or other visible causes, which to a reasonably prudent person would indicate the extent of an emergency, no additional notice shall be required.
No person shall leave or permit to remain parked unattended any vehicle on any highway or right-of-way in the Town of Frankfort which has been deemed an emergency route under § 85-3 or 85-4 above. Where the driver of such vehicle cannot be located, the violation of this provision shall be presumed to be that of the registered owner of the vehicle.
Any vehicle left unattended as set forth in § 85-5 herein or which shall be stalled or otherwise unable to be moved on any emergency highway during an emergency may be towed or removed or cause to be removed under the direction of the Highway Department.
It shall be the duty of the Highway Department to ascertain,
to the extent possible, the owner of the vehicle and to notify said
owner of the removal and disposition of such vehicle and of the amount
which will be required to redeem the same.
Any removal of any vehicle by the town shall be done without
incurring any liability for damages to the vehicle, provided that
reasonable care has been taken in its removal.
A.
After removal of any vehicle as provided in this chapter, such vehicle
may be stored in any place designated by the Highway Department, to
be there held until the owner or operator of such vehicle shall call
for and remove the same.
B.
Prior to the removal from such storage, the owner or operator of
such vehicle shall pay to the tow truck owner or operator the amount
of all reasonable charges and expenses actually and necessarily incurred
in removing the vehicle. However, if such vehicle is not claimed within
30 days of removal from the highway or right-of-way, then the tow
truck owner or operator may present to the Town Clerk a statement
of charges actually and necessarily incurred in removing the vehicle,
not to exceed the sum of $50. The Town Board may, by resolution from
time to time, increase this maximum charge. Any other charges incurred
as a result of the above action will be levied against the owner or
operator of such vehicle by the tow truck owner or operator, and the
town shall not be responsible therefor.
Where the vehicle has been in the possession of the town for
more than 30 days and is not claimed, then the Highway Superintendent,
or other town official as designated by the Town Board, may sell the
same at public sale, upon notice of said sale being posted conspicuously
in at least three public places in the town at least 10 days before
the date of the sale. The official conducting the sale may, in his
discretion, give other publicity of such sale, or he may delay the
sale in the interest of justice.
Any violation of this chapter shall be deemed an offense against
this chapter, and every person convicted of an offense against any
provision of this chapter shall be punished by a fine of not more
than $250 or by imprisonment for not more than 15 days, or by both
such fine and imprisonment. For the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violation.
