[HISTORY: Adopted by the Town Board of the Town of Smithtown 12-11-1984 by L.L. No.
15-1984. Amendments noted where applicable.]
For the purposes of this chapter, the words "vehicle," "abandoned
vehicle," "owner," "park," "parking" or "parked" and "public highway"
shall have the meanings as defined in the Vehicle and Traffic Law
of the State of New York.
A.
It is hereby declared to be unlawful to park or abandon any vehicle
on any public highway within the Town of Smithtown during a snowstorm,
flood, fire or other extreme public emergency which affects that portion
of the public highway upon which said vehicle is parked or abandoned.
B.
It is hereby declared to be unlawful to leave any vehicle unattended
on or adjacent to any public highway within the Town of Smithtown
where said vehicle constitutes an obstruction to traffic.
C.
It is hereby declared to be unlawful to display or park a vehicle
for the purpose of selling the same on the following roads within
the Town of Smithtown or within the lines of the following highways
or within a distance of 250 feet therefrom of any intersecting street:
A.
The Town Board is hereby authorized to appoint, by resolution, such
Town department or personnel as deemed appropriate to administer § 1224
of the New York State Vehicle and Traffic Law, as such section may
from time to time be amended, with respect to the collection, storage
and disposition of abandoned vehicles.
B.
When any vehicle is parked or abandoned on any public highway within
the Town of Smithtown during a snowstorm, flood, fire or other extreme
public emergency which affects that portion of the public highway
upon which said vehicle is parked or abandoned, said vehicle may be
removed at the direction of the Superintendent of Highways or other
personnel so authorized by the Town Board.
C.
When any vehicle is found unattended on any highway within the unincorporated
limits of the Town of Smithtown, where said vehicle constitutes an
obstruction to traffic, said vehicle may be removed at the direction
of the Superintendent of Highways or other personnel so authorized
by the Town Board.
D.
Any vehicle which shall be abandoned in any public place within the
Town of Smithtown is hereby declared to be a nuisance and shall be
taken into custody by the Superintendent of Highways or other personnel
so authorized by the Town Board.
[Amended 2-12-2002]
After removal of a vehicle pursuant to the provisions of this
chapter, the Superintendent of Highways, or other personnel as authorized
by the Town Board, may store such vehicle in a suitable storage area
at the expense of the owner. Such owner or person in charge of the
vehicle may redeem the same upon payment to the Superintendent of
Highways or other agent of the Town at the impound location of the
amount of all expenses actually and necessarily incurred in effecting
such removal, such charges not to exceed the following: for all passenger
cars, trucks, buses and all other motor vehicles, $250, together with
any charges for storage, such storage charges not to exceed $10 per
day or fraction thereof.
The Superintendent of Highways or other Town personnel as authorized
by the Town Board to enforce the provisions of this chapter shall,
without delay, report the removal and the disposition of any vehicle
removed as provided herein to the Suffolk County Police Department
and request the Suffolk County Police Department to ascertain the
owner of the vehicle or person having custody of the same and to notify
him of the removal and disposition of such vehicle and of the amount
which shall be required to redeem the same.
Pursuant to § 1224, Subdivision 6(a), of the Vehicle
and Traffic Law, as such section may from time to time be amended,
the Town Board may convert to Town use in any calendar year up to
1% of its unclaimed vehicles having a wholesale value in excess of
$750 or two such vehicles, whichever is greater.
[Added 4-9-1985 by L.L. No. 5-1985]
The provisions of this chapter shall not apply to the following:
police, fire and emergency ambulance service vehicles and state and
municipal vehicles being used for official business, including but
not limited to snow removal and flood control.
Any person, firm, association or corporation violating any of
the provisions of any ordinances of the Town of Smithtown shall be
guilty of an offense punishable by a fine or imprisonment, or both;
however, for the purposes of confirming jurisdiction upon courts and
judicial officers, such violations shall be deemed to be misdemeanors,
and for such purposes only all provisions of law relating to misdemeanors
shall apply to such violations. Notwithstanding the foregoing, any
person, firm, association or corporation violating any provisions
of this chapter of the Code of the Town of Smithtown shall be subject
to a penalty in a sum not exceeding $50 for the first such violation
and in a sum not exceeding $100 for any subsequent violations, said
penalties to be recoverable in a civil action in the name of the Town
of Smithtown as damages.
