[HISTORY: Adopted by the Town Board of the Town of Wallkill 3-23-1967
by L.L. No. 1-1967; readopted 12-12-1968 by L.L. No. 2-1968; amended in its
entirety 6-28-1979 by L.L. No. 5-1979. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have
the meanings indicated:
Includes all portions of the town highway owned or maintained by
the town or used for public travel, including, but not limited to, shoulders,
ditches, culverts and bridges.
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway, including licensed or unlicensed vehicles,
and except devices moved by human power or used exclusively upon stationary
rails or tracks.
A.
The Superintendent of Highways shall have the power to
cause the removal and disposal of any vehicle left unattended for more than
24 hours within the right-of-way of any town highway of the town or other
public property of the town.
B.
The Superintendent of Highways shall have the power to
cause the immediate removal from the right-of-way of any town highway of any
vehicle which obstructs or interferes with the use of such highway for public
travel; or which obstructs or interferes with the construction, reconstruction
or maintenance of such a highway; or which obstructs or interferes with the
clearing or removal of snow or ice from such a highway; or which obstructs
or interferes with any operation of the Town Highway Department during a public
emergency.
C.
The police of the Town of Wallkill shall have the power
to act as agents for the Superintendent of Highways to effect the removal
of any vehicles, as aforesaid, and are hereby designated as agents of the
Superintendent of Highways for said purposes.
Where a vehicle has been removed using town equipment or other private
towing equipment under the authority of the town police or the Superintendent
of Highways, then the owner of the vehicle shall be charged the cost to the
town of removal, disposition and storage thereof. The schedule of such costs
shall be fixed by order of the Town Board.
The town shall cause to be made, as to any vehicle removed pursuant
to this chapter, the report to the Commissioner of Motor Vehicles required
under the Vehicle and Traffic Law.
Where the vehicle has been in the possession of the town for more than
30 days and is unclaimed, then the Town Superintendent or other town official,
as designated by the Town Board, may sell the same at public sale, upon notice
of such sale being posted conspicuously in at least three public places in
the town at least six days before the date of sale. The official conducting
the sale may, in his discretion, give other publicity to such sale or he may
delay the sale in the interest of justice.
Any violation of this chapter shall be deemed an offense against this
chapter, and the violation of any parking provision hereof shall be deemed
a traffic infraction under the Vehicle and Traffic Law, and every person convicted
of a violation of any provision of this chapter shall be punished by a fine
of not more than $50 or by imprisonment for not more than 15 days, or by both
such fine and imprisonment.
