[HISTORY: Adopted by the Town Board of the Town of Clinton 12-14-1993 by L.L. No. 4-1993. Amendments noted where applicable.]
This chapter is enacted pursuant to the authority of Municipal Home Rule Law § 10(1)(ii)(a)(6) and 10(4)(a) and (b), authorizing towns to adopt a local law in relation to the care, management and use of its highways, roads, streets, avenues and property and to delegate to any officer or agency of the town administrative authority to fulfill the provisions of any local law as well as enforcement of a local law by legal proceedings providing for lawful punishment for violation thereof.
In order to permit the Town Highway Department or any Town agency to effectively take care of, manage and clear Town highways, roads, streets, avenues and property, it is deemed advantageous by the Town Board of the Town of Clinton to enact a local law to provide for the authorization and administration of the removal of vehicles, equipment and supplies from all Town highways, roads, streets, avenues and property during inclement weather, emergency and disaster conditions and to provide for appropriate enforcement of the law and collection of fees or monies expended by the Town in implementing this law.
When any vehicle, equipment and supplies are parked, stored or abandoned on any highway, road, street, avenue or property of the Town of Clinton, from November 15 through April 15 during or within five days after a snowstorm, and/or during icy conditions, flood or other inclement weather when plowing, or other necessary care must be implemented to render Town highways usable and safe, or during fire or any other emergency and/or disaster condition which affects that portion of the public highway upon which said vehicle, equipment or supplies are parked or abandoned, said vehicle, equipment or supplies may be removed by the Town Highway Superintendent or his/her agents.
The Town Highway Superintendent may utilize the services of commercial towers to remove vehicles, equipment and supplies from Town highways, roads, streets, avenues and property for the purpose of facilitating and complying with §§ 233-2 and 233-3 of this chapter. All fees and related charges for towing and storage of any vehicle, equipment or supplies made and done pursuant to this chapter shall be a direct charge from the commercial tower to the owner or otherwise responsible party whose property was so removed.
Any commercial tower engaged by the Town Highway Superintendent to remove any vehicle, equipment and supplies pursuant to this chapter shall, before effecting any said removal, file with the Town Highway Superintendent and the Town Clerk a written waiver and indemnification of all liability, costs and fees in favor of the Town of Clinton for any and all damage, loss or theft of any property towed and/or stored by the commercial tower. The waiver must be signed by an owner, proprietor, officer or director of the commercial tower who is duly authorized to contract said waiver. Any commercial tower who may remove a vehicle or other property pursuant to this chapter who may not have filed a waiver shall be deemed to have waived liability and indemnify the Town of Clinton for all costs, fees and damages as if the waiver had been filed.
Upon the removal of a vehicle or other property, pursuant to this chapter, the Town Highway Superintendent shall report the removal and disposition of the vehicle or other property to the Town Clerk. It shall be the duty of the Town Clerk to ascertain to the extent possible the owner or person having same in charge of the vehicle or other property removed, and to notify that person of the removal and disposition of said vehicle or other property. Any costs incurred by the Town Clerk in performing this duty shall be a direct charge to the owner or person in charge of the removed property.
Any person or business entity who violates the provisions of this chapter shall be guilty of a Violation B, punishable as set forth in Chapter 137, Fines and Penalties. In addition to the above-provided penalty and punishment for violation of this chapter, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, to restrain by injunction any violation of this chapter and/or seek restitution or damages for recovery for all monies expended in enforcement thereof. The Town Highway Superintendent is authorized to issue appearance tickets for violations of this chapter.