The parking of a motor vehicle on private property
without the consent or permission of the owner or tenant of the property
is a public nuisance.
Upon the discovery of a motor vehicle parked
upon private property without the permission of the owner or tenant
of the private property, the owner or tenant of the property may file
a complaint with the Police Department of the Town or with any court
of competent jurisdiction setting forth the following information:
A. The make, model and year of the motor vehicle;
B. The license number and state of registration of the
motor vehicle.
Upon the receipt of the verified complaint and
upon a finding of probable cause for the issuing of a warrant, the
court of competent jurisdiction shall forthwith issue a warrant to
the police authority of the Town directing the removal of the motor
vehicle. Such warrant shall set forth the make, model and year of
the motor vehicle and the license number and state of registration
of the motor vehicle.
Upon receipt of the warrant, the police authority
shall take the motor vehicle into custody and remove such motor vehicle
or cause it to be removed and stored in a suitable place for safekeeping
at the expense of the owner or operator of such motor vehicle. The
police officer, upon the removal of the motor vehicle, shall notify
the court from which the warrant was issued of the action which has
been taken with respect to such motor vehicle.
The provisions of this article shall not be
applicable to any motor vehicle of the Town when parked upon private
parking while on official business, nor to any motor vehicle parked
upon private property at the direction of a police officer, nor to
any maintenance equipment authorized to be upon the property.
Any person who parks a motor vehicle upon private
property without the consent or permission of the owner or tenant
of such property shall, in addition to the other remedies provided
herein shall be fined, upon conviction, not less than $10 nor more
than $100 or be imprisoned for a period not more than 10 days, or
both, and shall pay the costs of prosecution.