[Adopted 6-8-1987 by L.L. No. 8-1987]
The Town Board of the Town of Orangetown finds that the leaving
of vehicles on designated Town highways during periods of heavy snowfall
has hindered and obstructed the Department of Highways in snow removal
operations. The Town Board additionally finds that the leaving of
vehicles on designated Town highways during snowfalls causes hazards
to persons using such highways. The purpose of this local law is to
protect the health, safety and well-being of persons and property
by imposing restrictions on the leaving of vehicles on designated
Town highways during periods of heavy snowfall.
As used in this local law, the following terms shall have the
meanings indicated:
Includes all highways within the Town of Orangetown whereon, pursuant to provisions of Chapter 39 of this Code, no parking is permitted between the hours of 2:00 a.m. and 6:00 a.m. prevailing eastern time, during the period beginning November 15 and ending on April 15 of each and every year.
Includes only the paved portion of the highway owned or maintained
by the Town for use of public travel.
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 15 and April 15 of each
and every year, there shall be an accumulation of two inches or more
of snowfall, as determined by the Chief of the Orangetown Police Department
or the Supervisor of the Town of Orangetown, designated highways shall
be deemed emergency routes.
B.
All such designated Town highways shall continue to be emergency
routes until the Superintendent of Highways shall have caused the
same to be plowed free of such snowfall.
C.
No person shall leave or permit to remain parked unattended any vehicle
on any designated Town highway in the Town of Orangetown which has
been thus deemed an emergency route.
When any vehicle is parked unattended on any designated Town highway, in violation of § 39-27C, said vehicle may be removed under the direction of the Police Department of the Town of Orangetown.
A.
After removal of any vehicle as provided in this local law, the person
authorized to remove the vehicle may store or cause such vehicle to
be stored in a suitable place at the expense of the owner; such vehicle
shall be 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 charges to the tow truck owner and storer,
pursuant to the towing and storing charges set forth in Rockland County
Local Law No. 9 of 1979, as amended by Local Law No. 1 of 1982 and
Local Law No. 3, of 1982.[1]
[1]
Editor's Note: See Ch. 394, Wreckers and Towers, of the laws
of Rockland County.
The Police Department, without delay, shall report the removal
and disposition of any vehicle to the Town Supervisor and the Town
Clerk as provided in this local law, and shall also notify the owner
or operator of any such vehicle so removed, if the name and address
of such owner or operator can be ascertained, of the removal and disposition
of any such vehicle and of the charges and expenses required to be
paid before the same may be removed from storage.
[Amended 12-11-1995 by L.L. No. 37-1995]
Any person who shall violate § 39-27C of this local law shall be guilty of an offense and shall be subject to a fine not to exceed $200.
If any portion of this local law shall be declared invalid for
any reason, the remainder thereof shall not by that reason be deemed
invalid and shall continue in full force and effect.
This local law shall take effect upon publishing, posting and
upon filing a copy with the Secretary of State as required by law.
