[HISTORY: Adopted by the Board of Trustees of the Village of East
Rockaway: Art. I, 3-14-1960 as L.L. No. 1-1960.
Sections 222-4, 222-6 and 222-9 amended at time of adoption of Code; see Ch.
1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Dumpsters — See Ch. 128.
Garbage, rubbish and refuse — See Ch. 161.
Junk dealers — See Ch. 181.
Municipal parking lots — See Ch. 203.
Property maintenance — See Ch. 226.
Streets and sidewalks — See Ch. 250.
Vehicles and traffic — See Ch. 275.
[1]
Editor's Note: This chapter was originally titled Property and
Vehicles, Abandoned.
[Adopted 3-14-1960 as L.L. No. 1-1960]
As used in this Article, the following terms shall have the meanings
indicated:
Includes every municipal parking field owned, leased, hired or under
the general jurisdiction of the Board of Trustees of the Village of East Rockaway[1] and also such areas designated by the Village Board of the Village
of East Rockaway as limited or restricted parking areas along the boat basin
on Dock Street and Althouse Avenue.
Includes a natural person, of either sex, corporations, partnerships,
associations, joint-stock company, society and all other entities capable
of being sued.
Includes a street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert and crosswalk and every class of road used by
the general public.
It shall be unlawful for any person, his agent or employee to leave
or to suffer or permit to be left any cart, wagon, box, barrel, bale of merchandise
or other movable property, either owned by him or in his possession, custody
or control, upon any street, sidewalk or municipal parking field or to erect
or cause to be erected thereon any shed, building or other obstruction; except,
however, that this section shall not apply to materials lawfully placed at
the curbs or sides of streets for collection by the Department of Public Works.
The Commanding Officer of the Fourth Precinct of the Nassau County Police
Department and the Superintendent of Highways shall remove or cause to be
removed any cart, wagon, box, barrel, bale of merchandise or other movable
property found upon any street, sidewalk or municipal parking field and shall
take the same, or cause the same to be taken, to property or premises of the
village where the same shall be held until redeemed or sold as hereinafter
provided.
[Amended 8-10-1987 by L.L. No. 4-1987]
Any person violating any of the provisions of this Article shall be
liable for and forfeit and pay a penalty of $25 for each violation. This is
in addition to any fees for redemption of impounded property or costs of sale
chargeable to an owner or person entitled to possession of impounded property
as hereafter provided.
Whenever the Commanding Officer of the Fourth Precinct of the Nassau
County Police Department and/or the Superintendent of Highways shall receive
any property containing identification of ownership or right to possession,
a notice shall be sent by ordinary mail to such person advising that such
property is held by the Commanding Officer of the Fourth Precinct of the Nassau
County Police Department or the Superintendent of Highways and advising the
amount which is necessary to redeem.
[Amended 8-10-1987 by L.L. No. 4-1987]
Such property may be redeemed by the owner thereof at any time prior
to the sale, dismantling, destruction or disposal thereof, and he shall be
entitled to receive such property upon tendering the sum of $25. In addition,
the person seeking to redeem shall be required to pay the cost of advertising
the sale thereof, if any. No property shall be delivered to a person seeking
to redeem unless proof establishing to the satisfaction of the Commanding
Officer of the Fourth Precinct of the Nassau County Police Department or the
Superintendent of Highways such person's ownership or right to possession
is submitted. Any delivery to a person apparently entitled thereto shall be
a good defense to the village against any other person claiming to be entitled
thereto, but if the person to whom delivery is made is in fact not entitled
thereto, the person to whom the same ought to have been made may recover the
same with interest and costs from the person to whom the same shall have been
delivered.
Where any such property remains in the custody of the Commanding Officer
of the Fourth Precinct of the Nassau County Police Department and/or the Superintendent
of Highways for a period of 15 days after removal and with respect to which
no person has presented to the Commanding Officer of the Fourth Precinct of
the Nassau County Police Department and/or the Superintendent of Highways
proof establishing to his satisfaction such person's ownership or right
to possession as hereinabove stated, the Commanding Officer of the Fourth
Precinct of the Nassau County Police Department and/or the Superintendent
of Highways shall give public notice in the official newspaper of the village
advising that, at a specified place and time, not less than five days after
such notice is published, such property will be sold at public auction for
the best price he can obtain. A general description in such notice of the
property to be sold shall be sufficient. Said sale shall be conducted by the
Commanding Officer of the Fourth Precinct of the Nassau County Police Department
or the Superintendent of Highways or any employee of his Department designated
by him or by an auctioneer designated by the Commanding Officer of the Fourth
Precinct of the Nassau County Police Department or the Superintendent of Highways.
In the event that said property shall remain unsold at public auction,
the Commanding Officer of the Fourth Precinct of the Nassau County Police
Department and/or the Superintendent of Highways may reoffer said property
for sale at a subsequent public auction held pursuant to this Article or he
may dismantle, destroy or otherwise sell or dispose of such property. Any
such sale or other disposition of such property pursuant to this Article shall
be without liability on the part of the village to the owner of such property
or other person lawfully entitled thereto or having an interest therein.
[Amended 8-10-1987 by L.L. No. 4-1987]
Immediately after property is redeemed, the Commanding Officer of the
Fourth Precinct of the Nassau County Police Department or the Superintendent
of Highways shall pay over to the Treasurer of the village the amount received
for redemption, costs and expenses of the article redeemed, together with
an itemized statement thereof. Immediately after a sale or other disposition
of such property, the Commanding Officer of the Fourth Precinct of the Nassau
County Police Department and/or the Superintendent of Highways shall pay over
to the Treasurer the proceeds of the sale or other disposition of such property,
with an itemized statement of the article sold, the price received and the
costs and expenses of the sale, and the Treasurer shall retain and credit
the general fund with so much of the proceeds as equals the costs and expenses
of such sale, plus $25 for each article sold, to cover the cost of removing
and storing the property. The remainder of the moneys realized from such sales
shall be paid without interest to the lawful owner thereof.
The provisions of this Article shall not apply to any property which
may come into the possession or custody of the Police Department pursuant
to any other ordinance, law or regulation.[1]
[1]
Editor's Note: Former Article II, Abandoned Vehicles, adopted
9-28-1964, as amended, which immediately followed this section, was repealed
9-13-1993 by L.L. No. 2-1993.
