[HISTORY: Adopted by the Town Board of the Town of North Greenbush
1-27-1981 by L.L. No. 2-1981 as Ch. 98 of the 1981 Code. Amendments noted
where applicable.]
[Amended 1-25-2007 by L.L. No. 1-2007]
The Town Board of the Town of North Greenbush finds that the leaving
of vehicles on Town highways during wintertime hazardous road conditions hinders
and obstructs the Superintendent of Highways in snow removal, sanding and
salting operations. The Town Board additionally finds that the leaving of
vehicles on Town highways during hazardous road conditions causes hazards
to persons using such highways. The purpose of this chapter is to protect
the health, safety and well-being of persons and property by imposing restrictions
on the leaving of vehicles on Town highways during periods of hazardous road
conditions.
As used in this chapter, the following terms shall have the meanings
indicated:
A condition requiring the Superintendent of Highways to place vehicles
on Town highways for the purpose of plowing, sanding or salting. The existence
of a hazardous road condition is in the discretion of the Superintendent of
Highways.
[Amended 1-25-2007 by L.L. No. 1-2007]
Includes only the paved portion of the highway owned or maintained
by the Town for use of public travel.
Includes all portions of the Town highway owned or maintained by
the Town for use of 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,
except devices moved by human power or used exclusively upon stationary rails
or tracks.
[Added 1-25-2007 by L.L. No. 1-2007[1]]
Whenever, during the period between November 1 of each year and May
1 of the following year, hazardous road conditions exist on any Town highway
in the Town of North Greenbush, no person shall leave or permit to remain
parked unattended any vehicle on any Town highway in the Town of North Greenbush.
[1]
Editor’s Note: This local law also repealed former § 183-3,
Emergency routes.
[Amended 1-25-2007 by L.L. No. 1-2007]
When any vehicle is parked unattended on any Town highway in violation of § 183-3, said vehicle may be removed under the direction of the Police Department of the Town of North Greenbush.
A.
Any removal of any vehicle by the Police Department as provided for in § 183-4 shall be done without incurring any liability for damages to the vehicle, provided that reasonable care has been taken in its removal.
B.
The Police Department 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.
A.
After removal of any vehicle as provided in this chapter,
such vehicle may be stored in any place designated by the Police Department,
to be there held until the owner or operator of such vehicle shall call for
and remove the same.
B.
Prior to the removal from such storage, the owner or
operator of such vehicle shall pay to the tow truck owner or operator the
amount of all reasonable charges and expenses actually and necessarily incurred
in removing the vehicle.
[Amended 1-25-2007 by L.L. No. 1-2007]
[Amended 1-25-2007 by L.L. No. 1-2007[1]]
The Police Department shall report to the Supervisor and Town Board
the removal of any vehicle as provided in this chapter and shall also promptly
notify the owner or operator of any such vehicle removed, if the name of such
owner or operator can be reasonably ascertained, of the removal and disposition
of any such vehicle.
[Amended 1-25-2007 by L.L. No. 1-2007]
Any violation of this chapter shall be deemed an offense against this
chapter, and every person convicted of an offense against any provision of
this chapter shall be punished by a fine of not less than $100 and not more
than $250.
