Town of Wilna, NY Chapter 217 Vehicles, Abandoned

[HISTORY: Adopted by the Town Board of the Town of Wilna 11-10-2003 by L.L. No. 3-2003. Amendments noted where applicable.]

§ 217-1 Statement of authority.

The Town Board of the Town of Wilna, pursuant to the authority granted it under Article 41 of the Vehicle and Traffic Law and §§ 10 and 20 of the Municipal Home Rule Law, hereby enacts as follows.

§ 217-2 Statement of purpose and findings.

The Town Board of the Town of Wilna hereby finds that the abandonment of vehicles along Town highways creates dangerous conditions for vehicular traffic and presents numerous difficulties and dangerous conditions for plowing and maintenance of roads. It is the purpose of this chapter to provide for the removal of abandoned vehicles along Town roadways to eliminate such dangers.

§ 217-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ABANDONED VEHICLE

Those vehicles deemed to be abandoned pursuant to § 1224 of the Vehicle and Traffic Law of the State of New York as the same may be amended from time to time.

TOWN HIGHWAY

Any Town road or highway as shown on the Town of Wilna Inventory of Highways.

§ 217-4 Unlawful action.

It shall be unlawful for any person to abandon a motor vehicle on any Town highway in the Town of Wilna as the same is defined by § 1224 of the Vehicle and Traffic Law of the State of New York as the same may amended from time to time.

§ 217-5 Removal.

A. The Code Enforcement Officer or any other law enforcement official is hereby authorized to provide for the removal and storage of vehicles abandoned on Town highways.

B. All vehicles so removed may be reclaimed by their owners upon payment of reasonable charges for removal and storage by the owner and/or operator of such vehicle. Such charges shall include, but not be limited to, the cost of towing of such vehicle and the cost of storage of such vehicle.[1]

[1] Editor's Note: Original Article 3, § 3, regarding abandoning vehicles, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 217-6 Penalties for offenses.

Any person violating this chapter shall be guilty of a violation as defined in the Penal Law. Such person, in addition to any charges which may be imposed for reclaiming the vehicle, shall be required to pay a fine of not less than $50 nor more than $150 for a first, violation and a fine of not less than $100 nor more than $250 for a second or subsequent violation within a three-year period.

§ 217-7 Severability.

Should any sections or provisions of this chapter be declared invalid, such decision shall not affect the validity of the remaining portions of this chapter.