[HISTORY: Adopted by the Board of Trustees
of the Village of Massapequa Park. Art. I, 5-22-1967 as Art. III of
Ch. 14 of the 1967 Code; Art. II, 5-22-1967 as Sec. 14-6 of the 1967
Code.  Section 252-12 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
[Adopted 5-22-1967 as Art. III of
Ch. 14 of the 1967 Code]
As used in this article, the following terms
shall have the meanings indicated:
Includes any street, avenue, road, alley, lane, highway,
boulevard, concourse, driveway, culvert and crosswalk and every class
of road, square, place or municipal parking field 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 vehicle,
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.
It shall be deemed a violation of this article
if a motor vehicle remains parked for a period in excess of 24 hours.
The Village Clerk shall have removed or cause
to be removed any vehicle, 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 the premises of the village where it shall be held until redeemed
or sold as hereinafter provided.[1]
[1]
Editor's Note: Former Sec. 14-43, Removal
of motor vehicle, which immediately followed this section, was repealed
7-27-1983 by L.L. No. 9-1983.
Any person violating any of the provisions of this Article shall be liable for the penalties prescribed in Chapter 1, General Provisions, Article I, 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 hereinafter provided.
Whenever the Village Clerk 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 Village Clerk and advising the amount
necessary to redeem.
A.Â
Charges. Property impounded as provided herein 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, in the case of a vehicle, the sum of
$50, plus $20 per day, and for all other property, the sum of $10.
In addition, the person seeking to redeem shall be required to pay
the cost of advertising the sale thereof, if any.
[Amended 8-22-1983 by L.L. No. 30-1983]
B.Â
Restrictions. No property shall be delivered to a
person seeking to redeem unless proof establishing to the satisfaction
of the Village Clerk 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.
A.Â
Notice. Where property, except motor vehicles, impounded
as provided herein remains in the custody of the Village Clerk for
a period of 15 days after removal with respect to which no person
has presented to the Village Clerk proof establishing to his satisfaction
such person's ownership or right to possession, the Village Clerk
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.
[Amended 6-27-1983 by L.L. No. 9-1983]
B.Â
Conduct of sale. Said sale shall be conducted by the
Village Clerk or by any employee of his department designated by him
or by an auctioneer designated by the Village Clerk.
In the event that impounded property shall remain
unsold at public auction, the Village Clerk 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.
A.Â
Duty of Village Clerk. Immediately after impounded
property is redeemed, the Village Clerk 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
Village Clerk shall pay over to the Treasurer the proceeds of sale
or other disposition of such property, with an itemized statement
of the article sold, the price received and the costs and expenses
of sale.
B.Â
Duty of Village Treasurer. 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 the sum of $35 for each
motor vehicle sold and $10 for each other 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 ordinance, law or regulation.
[Adopted 5-22-1967 as Sec. 14-6
of the 1967 Code]
Any person who finds any lost money or property
of or exceeding the value of $20 shall report such finding to the
Village Clerk's office within 10 days after the finding thereof.
Such money or property must be deposited in
the records of the Village Clerk's office, together with the name
and address of the finder thereof.
The Village Clerk shall cause to be published
semiannually in January and July of each year in the official village
newspaper a description of all the money or property deposited with
it pursuant to the provisions of this article.
Any such money or property as shall remain in
the custody of the Village Clerk for a period of seven months without
a lawful claimant entitled thereto asserting his claim thereto shall
be turned over to the person who found and deposited the same. If
the person who so found and deposited such money or property shall
not appear and claim the same within 30 days after notice by registered
mail of the expiration of said seven-month period, such money shall
be paid to the Village Treasurer, to be used for general village purposes,
and in the case of property the same shall be sold at public auction
after having been advertised once in the official village newspaper,
and the proceeds of the sale thereof shall be paid to the Village
Treasurer, to be used for general village purposes. Any claimant for
lost property who shall fail to assert his claim thereto prior to
the sale thereof at public auction as herein provided shall be entitled
only to the money received from such sale less lawful service charges.
