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Town of Marcellus, NY
Onondaga County
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[HISTORY: Adopted by the Town Board of the Town of Marcellus as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-16-2008 by L.L. No. 5-2008]
The provisions of this article are adopted in compliance with Article 41, § 1660 of the Vehicle and Traffic Law of the State of New York.
The words and phrases used in the article shall, for the purpose of this chapter, have the meaning respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York.
The parking of vehicles is hereby prohibited on all Town highways within the Town between the hours of 2:00 a.m. and 7:00 a.m. from November 1 of each year to May 1 of the following year.
A. 
Authority of Superintendent of Highways.
(1) 
When any vehicle is parked or abandoned on any Town highway during a snowstorm, flood, fire or other public emergency which affects that portion of public highway upon which said vehicle is parked or abandoned, said vehicle may be removed by the Town Superintendent of Highways.
(2) 
When any vehicle is found unattended on any Town highway where said vehicle constitutes an obstruction of traffic, said vehicle may be removed by the Town Superintendent of Highways.
(3) 
When any vehicle is parked or abandoned on any Town highway where parking is prohibited, said vehicle may be removed by the Town Superintendent of Highways.
B. 
Storage and charges. After removal of any vehicle as provided in this article, the Town Superintendent of Highways may store a 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 amount of all expenses actually and necessarily incurred in effecting such removal.
C. 
Notice of removal. The Town Superintendent of Highways shall, without delay, report the removal and disposition of any vehicle removed as provided in this article to the Town Clerk and it shall be the duty of the Town Clerk to ascertain, to the extent possible, the owner of the vehicle or person having same in charge and notify him or her of the removal and disposition of such vehicle and of the amount which will be required to redeem same.
No parking signs shall be erected by the Town Superintendent of Highways at the following locations:
Name of Street
Side
Location
Limerick Street
West
From Main Street heading north to the Town of Marcellus Town line
Penalties for the violation of this article are contained in Article 45, § 1800, of the Vehicle and Traffic Law of the State of New York.
If any clause, sentence, paragraph, section, article or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.