A.Â
When any vehicle is parked or abandoned on any highway
or public parking lot within this Village during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway or parking lot upon which said vehicle is parked or abandoned,
said vehicle may be removed by or under the direction of the law enforcement
officer finding such vehicle.
B.Â
When any vehicle is found unattended on any highway
or public parking lot within the Village where said vehicle constitutes
an obstruction to traffic, said vehicle may be removed by or under
the direction of the law enforcement officer finding such vehicle.
C.Â
When any vehicle is found to be parked in any public
street or public place in violation of any provision of this chapter,
said vehicle may be removed by or under the direction of the law enforcement
officer finding such vehicle.
D.Â
When a vehicle is found to be parked, abandoned or
found unattended where it constitutes an obstruction to any fire lane
established pursuant to the New York State Uniform Fire Prevention
and Building Code, said vehicle may be removed by or under the direction
of the law enforcement officer finding such vehicle.
[Added 11-14-1995 by L.L. No. 4-1995]
E.Â
When any vehicle is found to be parked in any public
street or public place in violation of any provisions of this chapter,
or in violation of any section of the New York State Vehicle and Traffic
Law relating to stopped, parked or standing vehicles, said vehicle
may be immobilized by the law enforcement officer finding such vehicle,
by use of a wheel-locking device. Such immobilization shall be at
the risk and expense of the owner or person entitled to possession
of the vehicle. The wheel-locking device will be removed by the law
enforcement officer upon the payment of a fee to the Village, said
fee to be established by the Board of Trustees and included in the
Village fee schedule.
[Added 8-28-2007 by L.L. No. 3-2007]
F.Â
Any vehicle found to be parked on any public street or public place while said vehicle has outstanding parking violation fines which remain unpaid may be immobilized pursuant to § 195-18E of this chapter. The wheel-locking device on a vehicle immobilized for unpaid fines will be removed upon payment of a fee and payment of any outstanding fines.
[Added 8-28-2007 by L.L. No. 3-2007[1]]
[1]
Editor's Note: This local law also redesignated
former Subsections E and F as F and G, respectively.
G.Â
Where the words "highways," "streets" or "roads" are
used in this article, the terms shall include private roads open to
the public motor vehicle traffic and fire lanes.
[Added 11-14-1995 by L.L. No. 4-1995]
H.Â
Where the words "Law Enforcement Officer" are used
in this article, such words shall be read to include the Village Clerk,
Superintendent of Public Works, Parking Monitor, Village Code Enforcement
Officer, Village Building Inspector and the Village Fire Marshal.
[Added 9-9-1997 by L.L. No. 13-1997]
Such removal shall be deemed the abatement of
a nuisance and at the expense and risk of the owner or person entitled
to the possession of said vehicle. Said law enforcement officer, at
his discretion, may store said vehicle in such places as may be designated
by the Board of Trustees at the risk and expense of the owner or person
entitled to the possession thereof, and said owner or person entitled
to the possession of the vehicle so removed or stored may recover
the same by paying to the owner or operator of the premises on which
said vehicle is stored the amount of all expenses necessarily incurred
in effecting such removal, together with any charges for storage.
It shall be the duty of the said law enforcement
officer to ascertain to the extent possible the owner of the vehicle
or the person having the same in charge and to notify him of the removal
and disposition of such vehicle and of the amount which will be required
to redeem the same. Said law enforcement officer shall also without
delay report the removal and disposition of any vehicle removed as
provided in this article to the Village Clerk.
Whenever such vehicle carries no registration
plate and/or shall remain unclaimed for 60 days after being stored
as above provided or whenever such vehicle carries a registration
plate or the owner is identified and located and such vehicle shall
remain unclaimed for 20 days after mailing notice by registered mail
to such owner at his last known address or the address given on the
application for registration or on the registration certificate of
such vehicle such vehicle shall be deemed abandoned property and may
be sold at auction, demolished and otherwise disposed of as may be
provided by law.