[HISTORY: Comes from L.L.
No. 74-1986, adopted 10-7-1986, effective 10-17-1986.[1]]
GENERAL REFERENCES
Public parking fields — See Ch. 80.
Abandoned shopping carts — See Ch. 82.
Abandonment of vehicles during snow emergencies — See Ch. 174.
Tow cars — See Ch. 183.
Private parking fields — See Ch. 199.
[1]
Editor's Note: This local law superseded former Ch. 173, Abandoned
Vehicles, adopted as follows: Art. I. General Provisions, which came
from Ord. No. 52, adopted 5-7-1963, effective 6-2-1963; Art II. Abandoned
During Emergencies, which came from L.L. No. 6-1966, adopted 7-12-1966,
effective 8-15-1966.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any motor vehicle or motorcycle left unattended:
With no number plate affixed thereto for more than six hours
upon any public street, highway or other public place within the unincorporated
area of the Town of Hempstead.
For more than 24 hours on any highway or other public place,
except a portion of a highway or public place on which parking is
legally permitted.
[Amended 1-20-1987 by L.L. No. 9-1987, effective 1-26-1987]
For more than 48 hours after the parking of such vehicle shall
have become illegal, if left on a portion of a street, highway or
other public place within the unincorporated area of the Town of Hempstead
on which parking is legally permitted.
For more than 96 hours on property of another within the unincorporated
area of the Town of Hempstead, if left without the permission of the
owner.
[Amended 3-14-2023 by L.L. No. 20-2023, effective 4-4-2023]
Any motor vehicle or motorcycle which shall be abandoned in
any public place within the unincorporated area of the Town of Hempstead
is declared to be a nuisance and shall upon his knowledge of same,
be taken into custody by the Commissioner of Highways of the Town
and shall be removed by the Commissioner to such public or private
storage garage as the Commissioner shall determine.
Immediately following the taking into custody and removal of
an abandoned vehicle, the Superintendent of Highways shall notify
the Nassau County Police Department of such action and shall report
to the Commissioner of Motor Vehicles of the State of New York, on
forms prescribed and furnished by the Commissioner, pursuant to § 424
of the Vehicle and Traffic Law of the State of New York.
A.
Vesting of title. If an abandoned vehicle, at the time of abandonment,
has no number plates affixed and is of a wholesale value, taking into
consideration the condition of the vehicle, of $1,250 or less, title
shall immediately vest in the Town of Hempstead.
[Amended 3-14-2023 by L.L. No. 21-2023, 4-4-2023]
B.
Inquiries. Except for vehicles governed by § 173-4A, the Town of Hempstead shall make an inquiry concerning the last owner of such vehicle as follows:
C.
Notification of owner. The Town of Hempstead 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 10 days from the date such notice was given. If the agency described in Subsection B also notifies such local authority that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. The Commissioner shall prescribe the methods of giving notice. Any person claiming such vehicle shall be required to pay costs of removal and storage of such vehicle.
D.
Unclaimed vehicles. Ownership of such abandoned vehicles, if unclaimed,
shall vest in the Town of Hempstead 10 days from the date such notice
is given or, if the last owner cannot be ascertained, when notice
of such fact is received.
A.
Auction. The Town of Hempstead shall determine if an abandoned vehicle is suitable for operation on the public highways. If so, the vehicle shall be sold at public auction or converted pursuant to § 173-6. The sale of any abandoned vehicle hereunder shall be a public sale, upon notice of such sale being posted conspicuously in at least three public places within the Town not less than six days prior to the date of sale. The Superintendent of Highways may, in his discretion, give additional publicity to such sale or may delay the sale in the interest of justice.
B.
Sale for scrap. If the Town of Hempstead determines that an abandoned
vehicle is not suitable for operation on the public highways, it shall
sell the vehicle to a vehicle dismantler or scrap processor registered
or certified pursuant to § 415-a of the 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.
C.
Absent vehicle identification number. 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 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 Hempstead from applying for a replacement
vehicle identification number plate.
A.
Conversion. The Town of Hempstead may convert in any calendar year up to 1% of its unclaimed abandoned vehicles not affected by § 173-4A or two such vehicles, whichever is greater, to its own use.
B.
Proceeds. Any proceeds from the sale of an abandoned vehicle less
any expenses incurred by the Town of Hempstead shall be held by the
Town of Hempstead 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 Hempstead.
[Amended 7-25-1989 by L.L. No. 63-1989, effective 7-31-1989]
A.
Any person or persons, association or corporation committing an offense
against this Article or any section or provisions thereof shall be
guilty of a violation, punishable by a fine not less than $100 nor
more than $500 or imprisonment for a period not exceeding 15 days,
or by both such fine and imprisonment.
B.
Each day of continued violation shall constitute a separate additional
violation.
The last owner of an abandoned vehicle shall be liable to the
Town of Hempstead for the costs of removal and storage of such vehicle.
[Added 8-30-1988 by L.L. No. 65-1988, effective 9-6-1988]
The outdoor storage of abandoned or junked motor vehicles or
the used parts therefrom within the Town of Hempstead is a hazard
to the preservation of the public health, welfare and safety in that
it constitutes health, fire and safety hazards and is an attractive
nuisance to children which is a peril to their safety. Such outdoor
storage constitutes a blight on the Town's landscape, is generally
unsightly and tends to depreciate the value of property in the neighborhood.
Outdoor storage of abandoned or junked motor vehicles or the used
parts therefrom within the Town of Hempstead is hereby regulated for
the preservation of the public health, safety and welfare of its residents.
As used in this Article, the following terms shall have the
meanings indicated:
Any motor vehicle, the ownership of which cannot reasonably
be determined or of which the owner does not intend to recover possession.
Any motor vehicle which is unregistered in the State of New
York or any other state and/or which is either in a wrecked or dismantled
or partly dismantled or inoperative condition.
[Amended 6-27-1989 by L.L. No. 57-1989, effective 7-3-1989]
All vehicles propelled or drawn by power other than muscular
power, intended for use on public highways.
[Amended 6-27-1989 by L.L. No. 57-1989, effective 7-3-1989]
Any individual, firm, partnership, association or corporation.
A.
It shall be unlawful for any person to store or deposit or cause
or permit to be stored or deposited an abandoned or junked motor vehicle
or the used parts therefrom in the Town of Hempstead except within
a wholly enclosed building.
B.
Any abandoned or junked motor vehicle or the used parts therefrom
stored or deposited on any land in the Town of Hempstead shall be
removed by the owner, occupant, lessee, agent or tenant thereof or
the person occupying, managing or controlling said land.
The Commissioner of Buildings of the Town of Hempstead or his
authorized representatives are hereby designated to enforce the provisions
of this chapter.
[Amended 6-27-1989 by L.L. No. 57-1989, effective 7-3-1989]
A.
Notice.
(1)
If the provisions of § 173-11 are violated, the Commissioner of Buildings shall serve a written notice of violation upon the owner, occupant or person having control of the land upon which the violation exists to comply with the provisions of this chapter. The owner, occupant or person having control of said land shall be given 15 days from the date of the written notice to remove the abandoned or junked motor vehicle or the used parts therefrom.
(2)
The written notice of violation shall be by personal service or by
certified mail, postage paid, returned receipt requested, and addressed
to such person's last known address; and, if by certified mail, a
copy of the notice shall be posted on the premises.
B.
In the event the owner, occupant or person having control of said
land desires a hearing before the Department of Buildings of the Town
of Hempstead to determine the applicability of this Article to said
owner, occupant or person having control, a written request for such
hearing must be served upon the Commissioner of Buildings within 10
days of the date of the written notice of violation.
[Amended 6-27-1989 by L.L. No. 57-1989, effective 7-3-1989]
If a person served with a notice pursuant to § 173-13 hereof shall request a hearing, the Commissioner of the Department of Buildings or his designee of the Town of Hempstead shall hold the same within 30 days from the receipt of the request therefor and shall hear said person and all other persons interested concerning the removal of the abandoned or junked motor vehicle or the parts therefrom and the applicability of this Article. If the Commissioner of the Department of Buildings or his appointed designee shall decide that the motor vehicle or parts are abandoned or junked and stored or deposited in violation of this Article, the person served with the notice shall remove the same within 15 days of such decision.
[Amended 6-27-1989 by L.L. No. 57-1989, effective 7-3-1989]
The provisions of this Article shall not apply to automobile
dismantles duly licensed by the Department of Motor Vehicles of the
State of New York, provided that such automobile dismantler complies
with all other applicable provisions of law of the Town of Hempstead
and State of New York.
[Amended 6-27-1989 by L.L. No. 57-1989, effective 7-3-1989]
A.
Any person or persons, association or corporation committing an offense
against this Article or any section or provision thereof shall be
guilty of a violation, punishable by a fine not less than $100 nor
more than $500 or imprisonment for a period not exceeding 15 days,
or by both such fine and imprisonment.
B.
Each day of continued violation shall constitute a separate additional
violation.
