[Amended 5-7-1985 by L.L No. 7-1985; 4-3-1990 by L.L. No. 6-1990]
Pursuant to the authority vested in the Town Board of the Town
of Smithtown by § 1600 of the New York State Vehicle and
Traffic Law, the Town Board of the Town of Smithtown, hereby adopts
the following regulations to provide for the removal and storage of
vehicles parked or abandoned on highways during snow storms, floods,
fires or other public emergencies or found unattended where they constitute
an obstruction to traffic or any place where stopping, standing or
parking is prohibited and for the payment of reasonable charges for
such removal and storage by the owner or operator of any such vehicle.
A.
A motor vehicle shall be deemed to be abandoned if left unattended:
(1)
With no number plates affixed thereto for more than six hours on
any highway or any public place.
(2)
For more than 24 hours on any highway or other public place except
a portion of the highway or public place on which parking is legally
permitted.
(3)
For more than 48 hours after the parking of such vehicle shall have
become illegal if left on a portion of a highway or public place on
which parking is legally permitted.
(4)
For more than 96 hours on property of another if left without permission
of the owner.
B.
If an abandoned vehicle, at the time of abandonment, has no numbered
plates affixed and is of a wholesale value, taking into consideration
the condition of the vehicle of $750 or less, title shall immediately
vest in the Town of Smithtown.
C.
Custody and inquiry.
(1)
Except for vehicles governed by Subsection B, the Town of Smithtown shall have custody of an abandoned vehicle and shall make an inquiry concerning the last owner of such vehicle as follows:
(2)
The Town of Smithtown shall notify the last owner, if known, that
the vehicle in question has been recovered as an abandoned vehicle
and that, if unclaimed, it will be sold at public auction or by bid
after ten days from the date such notice was given. If the agency
described in § TC6-lC(l) also notifies the Town of Smithtown
that a lien or mortgage exists, such notice shall also be sent to
the lienholder or mortgagee. Any person claiming such vehicle shall
be required to pay the cost of removal and storage of such a vehicle.
(3)
Ownership of such abandoned vehicles, if unclaimed, shall vest in
the Town of Smithtown ten days from the date such notice is given
or, if the last owner cannot be ascertained, when notice of such fact
is received.
D.
The Town of Smithtown shall determine:
(1)
If an abandoned vehicle is suitable for operation on the public highways. If so, the vehicle shall be sold at public auction to the highest bidder or converted pursuant to Subsection E of this section.
(2)
If the Town of Smithtown determines that an abandoned vehicle is
not suitable for operation on the public highways, it may sell the
vehicle to a vehicle dismantler or scrap processor registered or certified
pursuant to § 415-a of the New York State Vehicle and Traffic
Law or to a vehicle dismantler or scrap processor who does not have
a place of business in this state but who conforms to the laws and
regulations of the state in which he has a place of business.
(3)
An abandoned vehicle without a vehicle identification number plate
must be sold only to a vehicle dismantler or a scrap processor registered
or certified pursuant to § 415-a of the New York State Vehicle
and Traffic Law or to a vehicle dismantler or scrap processor who
does not have a place of business in this state but who conforms to
the laws and regulations of the state in which he has a place of business.
Nothing contained herein shall be construed as preventing the Town
of Smithtown from applying for replacement vehicle identification
number plates.
E.
Conversion and sale.
(1)
The Town of Smithtown may convert in any calendar year up to 1% of its unclaimed, abandoned vehicles not affected by § TC6-1B of this chapter or two such vehicles, whichever is greater, to its own use.
(2)
Any proceeds from the sale of an abandoned vehicle less any expenses
incurred by the Town of Smithtown shall be held by the town without
interest for the benefit of the owner of such vehicle for a period
of one year. If not claimed within such one-year period, such proceeds
shall be paid into the general fund of the Town of Smithtown.
F.
No person shall cause any vehicle to be an abandoned vehicle. A violation
of this subsection shall be punishable by a fine not less than $100
nor more than $500.
G.
The last owner of an abandoned vehicle shall be liable to the Town
of Smithtown for the cost of removal and storage of such vehicle.
The locations described below are hereby designated as tow-away
zones, and when any vehicle is found unattended and unlawfully parked
in such a zone, said vehicle may be removed by the town or by the
Suffolk County Police Department or their respective designees:
[Amended 5-7-1985 by L.L. No. 7-1985, 4-3-1990 by L.L. No. 6-1990; 5-12-1998 by L.L. No. 5-1998; 9-8-1998 by L.L. No. 7-1998; 5-15-2001 by L.L. No.
3-2001]
Any vehicle which is towed away by the town pursuant to the
provisions of this chapter shall be impounded and stored by the Town
of Smithtown. To redeem said vehicle, the owner or operator shall
present proof of ownership and pay the parking violation fee, if applicable;
the impound fee of $250 for all passenger cars, trucks, buses and
all other motor vehicles; an additional fee may be charged at $50
per hour for uprighting and winching; and a storage fee of $10 per
day or any part thereof in cash or certified check to the Town Clerk
in the Town Hall or to an authorized representative of the Department
of Public Safety between the hours of 9:00 a.m. and 4:00 p.m., weekdays,
excluding holidays. The town shall not be liable for any damages claimed
during impound, towing, storage or disposal of abandoned vehicles
or other vehicles towed, impounded or stored pursuant to the provisions
of this chapter.
