[HISTORY: Adopted by the Town Board of the Town of Spencer 1-8-2002 by L.L. No.
1-2002.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
142, Vehicles and Traffic, adopted 4-9-1991 by L.L. No. 1-1991, as
amended.
This chapter shall be applicable to all territory within the
Town of Spencer outside of the incorporated Village of Spencer.
It is the purpose of § 142-3 to ensure that no vehicles will be parked in or along the side of Town highways, which parking has in the past inhibited and, if continued, would in the future inhibit, the orderly removal of snow from the driving lanes of the Town highways.
The parking of motor vehicles or any part thereof on the paved
portion of Town streets or highways, or upon the shoulder or upon
or in any ditch adjoining said highways, is prohibited between the
hours of 2:00 a.m. and 7:00 a.m. from November 15 of each year to
and including March 15 of the following year.
[Amended 7-8-2003 by L.L. No. 1-2003]
The intersections enumerated below are designated as stop intersections,
and stop signs are ordered installed at the entrance to such intersections
as set forth below:
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(Reserved)
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A.
Any vehicle parked or abandoned on any highway within the Town of
Spencer that hinders or impairs the ability of the personnel of the
Town of Spencer, or any other governmental agency, to respond to a
snowstorm, flood, fire or other occurrence to which a prompt response
is necessary or desirable may be removed by order and under the direction
of the Superintendent of Highways or any other officer or agent of
the Town of Spencer.
B.
Any vehicle found unattended on any highway within the Town of Spencer
which constitutes an obstruction to traffic may be similarly removed
by the Town of Spencer.
C.
Any vehicle parked or abandoned on any highway within the Town of
Spencer where stopping, standing or parking is prohibited may be similarly
removed by the Town of Spencer.
The Town of Spencer may store any vehicle removed pursuant to § 142-5 in a suitable place at the expense of the owner. The owner, or person in charge of the vehicle, may redeem the same upon payment to the Town of Spencer of the amount of all expenses actually and necessarily incurred in effecting such removal or, if the Town of Spencer has adopted a fee schedule for such removal, the amount as set forth in such fee schedule as may be established from time to time by resolution of the Town Board. The date of removal and the date of release or delivery of such vehicle shall each be regarded as a separate day in computing storage costs.
The Town of Spencer shall report promptly the removal and disposition of any vehicle pursuant to §§ 142-5 and 142-6 to the County Sheriff. The Town shall also ascertain, to the extent possible, the owner of the vehicle or person having the vehicle in charge and make reasonable efforts by mail to notify that person of the removal and disposition of the vehicle and of the amount required to redeem the vehicle.
The owner, or the person in charge, of a vehicle that has been removed pursuant to the provisions above may request a hearing to challenge the assessment of any expense imposed pursuant to § 142-6. The request for a hearing shall be in writing and shall be filed with the Town Clerk within 15 days of receiving notice of the removal of the vehicle. The hearing shall be held within 10 days after the request has been filed. The hearing shall be conducted by the Town Supervisor or any other impartial person designated by the Town Supervisor. The scope of the hearing shall be solely to determine whether the removal of the vehicle was authorized by § 142-5. The sole effect of a determination that the removal of the vehicle was not authorized by § 142-5 shall be that the owner or person in charge of the vehicle shall not be responsible for the expenses of towing and storage.
A.
Any violations of § 142-3 shall constitute a traffic infraction, and any persons violating the same shall be deemed guilty of a traffic infraction and shall be punishable by a fine of not more than $50. Each additional day during which such vehicle remains parked during the prohibited times and dates shall constitute a separate violation punishable by a separate fine of not more than $50 for each violation.
