The purpose of this article is to prevent any obstruction or interference with the use of Town roads and highways for public travel; to prevent any obstruction or interference with the construction, reconstruction or maintenance of such roads and highways; to facilitate the clearing and removal of snow and ice from such roads and highways; and to prevent any obstruction or interference with any operation of the Town Highway Department during public emergencies.
[Adopted 1-25-1971]
[Amended 3-1-1982 by L.L. No. 2-1982; 8-20-2008 by L.L. No. 7-2008; 11-15-2024 by L.L. No. 5-2024]
A.
For the purposes of this article, the "winter season" is hereby defined as the period from November 1st of each year to March 31st of the following year or during a snow emergency as declared by the Town Supervisor, the Superintendent of Town Highways or their designees as outlined in § 143-4.
B.
For the purposes of this article, the term "vehicle" shall be defined as any motor vehicle, trailer or wheeled conveyance.
A.
The Superintendent of Highways of the Town of Fishkill shall have the power to cause the immediate removal from the right-of-way of any Town road, highway or on any other public property of the Town, of any vehicle which obstructs or interferes with the use of such road or highway for public travel, or which, after posted notice thereof, obstructs or interferes with the construction, reconstruction or maintenance of such road or highway, or which obstructs or interferes with the clearing or removal of snow or ice from such road or highway during the winter season, or which obstructs or interferes with any operation of the Town Highway Department during public emergencies.
B.
The Superintendent of Highways of the Town of Fishkill shall have the power to cause the removal and disposition of any vehicle left unattended for more than 24 hours within the right-of-way of any Town road or highway of the Town or on any other public property of the Town, or which in any other way violates this article.
C.
After the removal of any such vehicle as provided herein, the Superintendent of Highways may store the same in a suitable place at the expense of the owner thereof. Such owner may redeem the same upon payment to the Town Clerk of the amount of expense actually and necessarily incurred in effecting such removal; such removal charge, plus storage costs or charges, shall be as provided in Chapter 68, Fees.
[Amended 7-6-1981 by L.L. No. 10-1981]
D.
The Town Highway Superintendent shall, without unreasonable delay, report the removal and disposition of any such Clerk and police authorities within the Town. It shall be the duty of the Town Clerk, to the extent reasonably possible, to notify the owner of such vehicle, by ordinary mail, of such removal and disposition and of the amount which will be required to redeem the same as of the date of such notice.
[Amended 12-20-1976; 1-18-1994 by L.L. No. 3-1994; 8-20-2008 by L.L. No. 7-2008; 11-15-2024 by L.L. No. 5-2024]
A.
During the winter season parking on public roads will be prohibited during such time a snow emergency is declared as stated below:
(1)
Snow emergency, declaration and duration. A snow emergency shall automatically exist when the National Weather Service issues any of the following advisories for a forecast area that includes the Town of Fishkill:
(2)
When the National Weather Service has not issued a winter advisory as listed above, the Town Supervisor, the Superintendent of Town Highways or their designees may declare a snow emergency for the Town of Fishkill, whenever road conditions become hazardous such that the free movement of fire, health, police or other vehicular traffic may become impeded by reason of snow, freezing rain, sleet or other natural causes.
B.
Upon the declaration of a snow emergency, the Town of Fishkill shall contact the media and send out the information via an eGov, the Town wide email system. This declaration will also be posted to the Town of Fishkill website.
C.
It shall not be a defense to a charge of violating snow emergency regulations that the vehicle operator or owner was unaware of any such snow emergency announcement.
D.
Any snow emergency declared as a result of a National Weather Service advisory as described above shall commence at the issuance of the weather advisory or one hour prior to the commencement of the warned time period stated in the National Weather Service advisory and shall cease 24 hours after the expiration of the National Weather Service advisory, unless otherwise extended or terminated by the Town Supervisor, the Superintendent of Town Highways or their designees.
E.
Any snow emergency declared by the Town Supervisor, the Superintendent of Town Highways or their designees shall commence within two hours of the issuance of the declaration, or at such time stated in the declaration, and shall cease 24 hours after the issuance of the declaration of emergency, unless terminated earlier by the Town Supervisor, the Superintendent of Town Highways or their designees.
F.
Continuation of the emergency beyond the twenty-four-hour time period shall be conveyed to the public by the Town Supervisor, the Superintendent of Town Highways or their designees through the media, the Town of Fishkill website, and via an eGov, the Town wide email system.
G.
No parking during snow emergency.
(1)
No vehicle shall be left standing or allowed to remain parked upon any public roads of the Town of Fishkill during a snow emergency.
(2)
No person shall park or allow to remain parked any vehicle on any Town road or highway during the winter season as defined in § 143-2A and outlined in § 143-4 herein. Any violation of that section shall constitute a traffic infraction, subject to the penalties set forth in Article VIII of this chapter.