[Amended 9-10-2002 by L.L. No. 14-2002]
A.
When any vehicle is parked or abandoned on any public street, highway
or public parking lot within this Town during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway or parking lot upon which said vehicle is parked or abandoned,
said vehicle may be removed by or under the direction of the appropriate
authority.
B.
When any vehicle is found unattended on any public street, highway
or public parking lot within the Town where said vehicle constitutes
an obstruction to traffic, said vehicle may be removed by or under
the direction of the appropriate authority.
C.
When any vehicle is abandoned pursuant to this article, on any public
street, highway or public parking lot within the Town, said vehicle
may be removed by the appropriate authority.
D.
Immobilization.
(1)
When any commercial vehicle is parked on or abandoned on any public
street, highway or Town parking field within the Town of North Hempstead
in violation of any provision of this Code prohibiting or regulating
the stopping, standing or parking of vehicles and said vehicle has
been so parked or abandoned for a period in excess of 48 consecutive
hours, the Department of Public Safety may immobilize said vehicle
with a device designed for the immobilization of vehicles, and/or
said vehicle may be removed by the appropriate authority.
(2)
When any commercial vehicle is immobilized pursuant to the provisions
of this article, a notice shall be placed upon said vehicle sufficient
to warn the owner and/or operator thereof that the vehicle had been
immobilized and any attempt to move said vehicle may result in damage
to the vehicle, and further said notice shall provide information
as to the reason for immobilization and the procedures for release
of said vehicle.
(3)
No commercial vehicle shall be immobilized pursuant to this section
unless a violation shall have been issued to said vehicle for violating
at least one of the provisions of this Code prohibiting the stopping,
standing or parking of vehicles at least 24 hours prior to the immobilization
of said vehicles, and the vehicle is in the same location.
The owner or person in charge of any commercial vehicle immobilized pursuant to § 38 shall be charged a fee of $250 for each and every twenty-four-hour period or part thereof for which the vehicle is immobilized.
It shall be the duty of the appropriate authority to ascertain,
to the extent possible, the owner or registrant of the vehicle or
the person having charge of the same and to notify said person of
the immobilization or removal and disposition of such vehicle and
of the costs which will be required to redeem the same. Said authority
shall also, without delay, report the removal and disposition of any
vehicle removed as provided in this article to the Town Clerk.
After immobilization of a commercial vehicle as provided in
this article, the owner or person in charge of the vehicle may secure
the release of said vehicle by paying all applicable fees for the
immobilization of the vehicle to the Town Clerk. Upon submission to
the Town Clerk of documentation showing that the summons issued to
the vehicle for a violation of this Code has been dismissed on the
merits, the Town Clerk shall refund all monies paid for the release
of the vehicle.
B.
No person shall cause any vehicle to be an abandoned vehicle. There
shall be a rebuttable presumption that the owner of an abandoned vehicle
caused such vehicle to be abandoned. A violation of this provision
shall be deemed a violation punishable by a fine of not less than
$150 nor more than $1,000.
C.
For the purpose of this section, the term "owner" means any person,
corporation, partnership, firm, agency, association, lessor or organization
which:
(1)
Has title to such vehicle; or
(2)
Is the registrant or coregistrant of such vehicle registered with
the Department of Motor vehicles of the State of New York or any other
state, territory, district, province, nation or other jurisdiction;
or
(3)
Is the beneficial or equitable owner of the abandoned vehicle.
D.
The last owner of an abandoned vehicle shall be liable to the Town
of North Hempstead for the costs of removal of such vehicle.
After the removal of any vehicle as provided in this article,
the appropriate authority may store or cause such vehicle to be stored
in a suitable place at the expense of the owner. Such owner or person
in charge of the vehicle may redeem the same upon payment to the person
with whom stored the amount of all expenses actually and necessarily
incurred in effecting such removal and storage.
