Whenever road conditions in the Town of Frankfort shall become
hazardous or such that the free movement of fire, health, police-emergency,
snow removal equipment or other vehicular traffic may be impeded by
reason of snow, freezing rain, sleet, ice, water, debris, fire or
other natural or artificial causes, the Superintendent of the Town
of Frankfort, or such other person designated by him, may and he hereby
is authorized to declare the existence of an emergency.
As used in this chapter, the following terms shall have the
meanings indicated:
HIGHWAY
For the purpose of this chapter only, includes only the paved
portion of the highway owned by the Town of Frankfort and the County
of Herkimer within the boundaries of the Town of Frankfort and maintained
by the town for use for public travel.
RIGHT-OF-WAY
Includes all portions of the highway owned by the Town of
Frankfort and the County of Herkimer within the boundaries of the
Town of Frankfort and maintained by the town for use for public travel,
including but not limited to shoulders, ditches, culverts and bridges.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including licensed
or unlicensed vehicles, except devices moved by human power or used
exclusively upon stationary rails or tracks.
The declaration of an emergency other than as set forth in §
85-3 above may be conveyed to the public by radio, television or newspaper. Notice may also be transmitted to the general public by distribution of notices, leaflets, handbills or other written or printed notices distributed to the general public or affixed to vehicles parked on the highways within the Town of Frankfort. If the emergency is obvious, such as fire or other visible causes, which to a reasonably prudent person would indicate the extent of an emergency, no additional notice shall be required.
No person shall leave or permit to remain parked unattended any vehicle on any highway or right-of-way in the Town of Frankfort which has been deemed an emergency route under §
85-3 or
85-4 above. Where the driver of such vehicle cannot be located, the violation of this provision shall be presumed to be that of the registered owner of the vehicle.
Any vehicle left unattended as set forth in §
85-5 herein or which shall be stalled or otherwise unable to be moved on any emergency highway during an emergency may be towed or removed or cause to be removed under the direction of the Highway Department.
It shall be the duty of the Highway Department to ascertain,
to the extent possible, the owner of the vehicle and to notify said
owner of the removal and disposition of such vehicle and of the amount
which will be required to redeem the same.
Any removal of any vehicle by the town shall be done without
incurring any liability for damages to the vehicle, provided that
reasonable care has been taken in its removal.
Where the vehicle has been in the possession of the town for
more than 30 days and is not claimed, then the Highway Superintendent,
or other town official as designated by the Town Board, may sell the
same at public sale, upon notice of said sale being posted conspicuously
in at least three public places in the town at least 10 days before
the date of the sale. The official conducting the sale may, in his
discretion, give other publicity of such sale, or he may delay the
sale in the interest of justice.
Any violation of this chapter shall be deemed an offense against
this chapter, and every person convicted of an offense against any
provision of this chapter shall be punished by a fine of not more
than $250 or by imprisonment for not more than 15 days, or by both
such fine and imprisonment. For the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violation.