[Adopted 5-11-1994 by L.L. No. 1-1994]
No vehicle, whether licensed or unlicensed, shall be parked in any public
place possessed, owned, leased, controlled or maintained by the Town of Rosendale
(including highways located within the Town), except as expressly permitted
as follows:
A.
Vehicles may lawfully be parked along Town highways and in such other public places as are expressly designated as public parking areas by the Town Highway Superintendent with the consent of the Town Board, subject in each case to the terms of this article, Article II of this chapter, the Vehicle and Traffic Law of the State of New York and any and all rules and regulations promulgated pursuant thereto.
B.
No public parking area shall be used for overnight parking or
for parking for a period exceeding 12 hours except as expressly authorized
by the Town of Rosendale or its agents.
A.
Fines. Every person convicted of a violation of any of the provisions
of this article or any rule or regulation promulgated pursuant hereto shall
be punished by a fine not to exceed $100 for a first conviction; by a fine
not to exceed $200 for a second conviction; and by a fine not to exceed $350
for a third conviction; and for further convictions, by a fine to be established
by the Town Board.
B.
Removal of vehicle. In addition to the imposition of any fine payable under Subsection A of this section, it shall be lawful for the Town to tow or have towed any vehicle found parked in violation of this or any other Town law, rule or regulation. Removal of vehicles under this Subsection B may be effected by the Town Highway Superintendent, the Town Chief of Police or, on the direction of either of them, by a licensed towing service.
C.
Release of removed vehicle. The Town Police shall advise the
Town Clerk of the identity of the registered owner of any vehicle removed
hereunder and no vehicle shall be released to any person unless:
(1)
Such person shall have established his identity as the registered
owner and his right to possession of the vehicle to the satisfaction of the
Town Clerk;
(2)
Such person shall have signed a property receipt and a statement
releasing the Town from liability for any claims for damages; and
(3)
Such person shall have paid to the Town Clerk the reasonable
cost of the removal and storage of such vehicle (as determined by the Town
Highway Superintendent), any fines payable under this section and any further
fines authorized by the Town Board.
D.
Notice of removal; disposal of removed vehicle. If no person meeting the requirements of Subsection C above shall claim possession of the vehicle within 10 days of its removal, the Town Clerk shall mail a notice of the removal of the vehicle to the registered owner at the address contained on the vehicle registration. Such shall advise the addressee that in the event that the vehicle is not claimed by its registered owner within 20 days of the date of the notice, it shall be deemed to be an abandoned vehicle pursuant to Subdivision 1, Paragraph (d), of § 1224 of the Vehicle and Traffic Law and shall be sold or otherwise disposed of pursuant to such Law. Any notice sent under this Subsection D shall be sent by certified or registered mail, return receipt requested.
