[G.O. No. 956, § 1]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them in this section:
A natural person of either sex, corporations, partnerships,
associations, joint stock companies, societies and all other entities
capable of being sued.
A street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert, sidewalk and crosswalk and every class
of road, square, place or municipal parking field used by the general
public.
[G.O. No. 956, § 2]
It shall be unlawful for any person, his agent or employee to
leave or to suffer or permit to be left, any vehicle, cart, wagon,
box, barrel, bale of merchandise or other movable property, either
owned by him or in his possession, custody or control, upon any street,
sidewalk or municipal parking field or lot, excepting, however, that
this section shall not apply to materials lawfully placed at the curbs
or sides of streets for collection by the garbage or rubbish remover.
[G.O. No. 956, § 3]
The Chief of Police of the Town shall remove or cause to be
removed any cart, wagon, box, barrel, bale of merchandise or other
movable property found upon any street, sidewalk or municipal parking
field or lot and shall take same or cause the same to be taken to
the property or premises of the Town where the same shall be held
until redeemed or sold as hereinafter provided.
[G.O. No. 956, §§ 5, 6]
Whenever the Chief of Police shall receive any property containing
identification of ownership or right to possession, a notice shall
be sent by ordinary mail to such person advising that such property
is held by the Chief of Police and advising the amount necessary to
redeem.
Such property may be redeemed by the owner thereof at any time
prior to the sale, dismantling, destruction or disposal thereof, and
he shall be entitled to receive such property upon the tendering of
the sum of $5 plus the sum of $1 per day commencing the third day
after the property is removed to the date of redemption. In addition
the person seeking to redeem shall be required to pay the cost of
advertising the sale thereof, if any. No property shall be delivered
to the person seeking to redeem unless proof establishing to the satisfaction
of the Chief of Police such person's ownership or right to possession
is submitted. Any delivery to a person apparently entitled thereto
shall be a good defense to the Town against any other person claiming
to be entitled thereto, but if the person to whom delivery is made
is in fact not entitled thereto, the person to whom the same ought
to have been made may recover the same with interest and costs from
the person to whom the same shall have been delivered.
[G.O. No. 956, § 7]
Where any such property remains in the custody of the Chief
of Police for a period of 15 days after removal and with respect to
which no person has presented to the Chief of Police proof establishing
to his satisfaction such person's ownership or right to possession
as stated in this article, the Chief of Police shall give public notice
in the official newspaper of the Town, advising that at a specified
place and time, not less than five days after such notice is published,
such property will be sold at public auction for the best price he
can obtain. A general description in such notice of the property to
be sold shall be sufficient. Such sale shall be conducted by the Chief
of Police or by any employee of his department designated by him or
by an auctioneer designated by the Chief of Police.
[G.O. No. 956, § 8]
In the event that any property shall remain unsold at public
auction, the Chief of Police may reoffer such property for sale at
a subsequent public auction held pursuant to this article, or he may
dismantle, destroy or otherwise sell or dispose of such property.
Any such sale or other disposition of such property pursuant to this
article shall be without liability on the part of the Town to the
owner of such property or other person lawfully entitled thereto or
having an interest therein.
[G.O. No. 956, § 9]
Immediately after property is redeemed, the Chief of Police
shall pay over to the Treasurer of the Town the amount received for
redemption, costs and expenses of this article redeemed, together
with an itemized statement thereof. Immediately after a sale or other
disposition of such property, the Chief of Police shall pay over to
the Treasurer the proceeds of sale or other disposition of such property,
with an itemized statement of the article sold, the price received
and the costs and expenses of the sale, and the Treasurer shall retain
and credit the general surplus fund with so much of the proceeds as
equals the costs and expenses of such sale plus the sum of $5 for
such other vehicle sold to cover the cost of removing and storing
the property. The remainder of the monies realized from such sale
shall be paid without interest to the lawful owner thereof.
[G.O. No. 956, § 10]
The provisions of this article shall not apply to any property
which may come into the possession or custody of the Police Department
pursuant to any other ordinance, law or regulation.
[G.O. No. 956, § 4; G.O. No. 1477, § I]
Any person violating any of the provisions of this article shall
be liable for the forfeit and pay a penalty of not more than $50 for
each violation, and it is further ordained that the violation of any
provisions of this article shall constitute disorderly conduct, and
the person so violating the same shall be and is hereby declared a
disorderly person. This is in addition to any fees for redemption
of impounded property or costs of sale chargeable to an owner or person
entitled to possession of impounded property as hereinafter provided.
