[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 9-17-1979 by L.L. No. 14-1979, effective
10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches, parks and public areas — See Ch. 43.
Refuse and cesspool waste — See Ch. 71.
Health and safety — See Ch. 78.
Littering — See Ch. 81.
Streets and sidewalks — See Ch. 110.
Temporary habitation — See Ch. 119.
Vehicles and traffic — See Ch. 125.
Outside storage and repair of vehicles, trailers and boats — See Ch. 128.
Zoning — See Ch. 138.
This chapter shall be known and may be cited
as the "Abandoned Vehicles Law of the Incorporated Village of Sea
Cliff."
For the purposes of this chapter, the terms
used herein are defined as follows:
A motor vehicle left unattended:
With no number plates affixed thereto for more
than six hours on any highway or other public place;
For more than 24 hours on any highway or other
public place, except a portion of a highway or public place on which
parking is legally permitted;
For more than 48 hours, after the parking of
such vehicle shall have become illegal if left on a portion of a highway
or public place on which parking is legally permitted; or
For more than 96 hours on property of another
if left without permission of the owner of such property.[1]
A mechanical device for the conveyance of people, animals,
materials or any combination thereof, operated or driven upon a public
highway by any power other than muscular power.
[2]A motor vehicle, q.v.
The disposition of abandoned vehicles shall
he in accordance with the Laws of the State of New York[1] and the Regulations of the Commissioner of Motor Vehicles.[2] For purposes of this chapter, such laws and regulations
provide as follows:
A.
Title to abandoned vehicles having no number plates
affixed, and with a wholesale value of less than $250 shall vest immediately
in the Village.
B.
In the case of all other vehicles, inquiry shall be
made to determine the last owner of the vehicle. Notice shall be given
to such owner, in accordance with the Regulations of the Commissioner
of Motor Vehicles, that the vehicle will be sold at public auction
after 10 days from the date of notice if it remains unclaimed. Ownership
of unclaimed abandoned vehicles shall vest in the Village 10 days
from the date such notice is given. However, if the last owner cannot
be determined, ownership shall vest in the Village when that fact
is ascertained.
C.
The Village shall determine if such vehicle, in which
title has vested, is suitable for operation on the public highways.
(1)
If suitable for such operation, the Village shall
either sell the vehicle at public auction to the highest bidder or
may convert in any calendar year up to 1% or 2% of such vehicles to
its own use, whichever is greater.
D.
An abandoned vehicle without a vehicle identification
number plate may only be disposed of by sale to a vehicle dismantler
or scrap processor qualified as noted above, unless the Village applies
for and receives a replacement vehicle identification number plate.
E.
Proceeds from the sale of abandoned vehicles, less
any expenses incurred by the Village, shall be held without interest
by the Village for a period of five years, for the benefit of the
owner of such vehicle. If not claimed within such five-year period,
such proceeds shall be paid into the general fund of the Village.
The last owner of an abandoned vehicle shall
be liable to the Village for the costs of removal and storage of such
vehicle.
Penalties for violations of laws and regulations
regarding abandoned vehicles shall be as set forth in the New York
State Vehicle and Traffic Law.[1]
[1]
Editor's Note: See Vehicle and Traffic Law
§ 1224.
