[Amended 8-5-2003 by L.L. No. 13-2003]
A. When any vehicle is parked or abandoned on any highway within the
Town of Riverhead during a snowstorm, flood, fire or other public
emergency which affects that portion of the public highway upon which
such vehicle is parked or abandoned, said vehicle may be removed by
the Riverhead Town Police or other personnel so authorized by the
Town Board.
B. When any vehicle is found unattended on any Town of Riverhead property
or public highway in the Town of Riverhead where such vehicle constitutes
an obstruction to traffic or an attractive nuisance, such vehicle
may be removed by the Riverhead Town Police or other personnel so
authorized by the Town Board.
C. When any vehicle is parked or abandoned within the Town of Riverhead
where parking, stopping or standing is prohibited or said vehicle
is parked upon private property without the consent of the owner of
such property, such vehicle may be removed by the Riverhead Town Police
or other personnel so authorized by the Town Board.
D. When any vehicle is parked or abandoned within the Town of Riverhead where said vehicle is in violation of §
289-13A(5), such vehicle may be removed by the Riverhead Town Police or other personnel so authorized by the Town Board.
[Amended 8-5-2003 by L.L. No. 13-2003]
A. Any vehicle in violation of this Part 1, while parked in violation
of this Part 1 or abandoned within the Town of Riverhead, may be removed
to an impound area designated for the placement of the same by or
at the direction of any Riverhead Town officer authorized to enforce
this Part 1 at the expense of the owner thereof. The Town Board and
said enforcement agency shall not be responsible for any damage to
any vehicle occasioned by such removal.
B. Impound forms shall be used by police or other personnel so authorized
by the Town Board for each removal.
C. Notification of owner; reclaiming vehicle; appearance tickets; fees.
(1) Upon impounding an abandoned vehicle, the officer or police agency
shall make an inquiry as to the owner of the vehicle and shall notify
the last registered owner by certified mail of the removal and disposition
of such vehicle and the amount which will be required to redeem the
same.
(2) If the impounded vehicle is claimed and the owner known, the owner
may reclaim the vehicle after proving ownership and paying an impound
fee, plus the cost of removal, plus a storage fee per day. Said fees
and charges shall be established annually by resolution of the Town
Board.
(3) An appearance ticket must be affixed to the vehicle or served on
the last registered owner by any Riverhead Town police officer or
Code Enforcement Officer authorized to enforce this Part 1.
(4) Appearance tickets for violations regarding this Part 1 shall be
handled by Riverhead Town Justice Court. Fines levied shall be in
addition to impound, removal, and storage fees.
D. If a vehicle remains unclaimed for a period of 45 days from the date
notice is sent to the last registered owner, or if the owner cannot
be found or served and said vehicle:
(1) Has no valid number plates or registration and is of wholesale value
deemed by blue book, taking into consideration the condition of the
vehicle, of $1,250 or less, ownership shall immediately vest in the
Town of Riverhead and shall be junked/salvaged or dismantled for use
other than a motor vehicle.
(2) Has no valid number plates or registration and is of wholesale value
deemed by blue book, taking into consideration the condition of the
vehicle, of vehicle having a value in excess of $1,250 shall be disposed
of at a public auction to the highest bidder. The proceeds from the
sale of such vehicle, less impound fee, costs of removal, storage
fee and costs of sale, shall be held for one year. If not claimed
within said one-year period, such proceeds shall be paid into the
general fund of the Town of Riverhead.
E. Pursuant to Vehicle and Traffic Law § 1224, Subdivision
2, the Town of Riverhead shall not be required to obtain title to
an abandoned vehicle that is subject to the provisions of this section
if the vehicle will be sold or otherwise disposed of as junk or salvage,
dismantled for use other than as a motor vehicle, or otherwise destroyed.
F. The provisions of this section shall not apply to vehicles operated
by any government agencies or other emergency vehicles while actually
in the performance of their duties.