[Code 1966, § 4.10(2)]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A motor vehicle, trailer, semitrailer or mobile home.
[Code 1966, § 4.23]
No vehicle as defined in W.S.A., § 340.01 shall be
left parked or standing on any street or parkway for more than 24
continuous hours unless a permit to do so has first been obtained
from the Village police department. The word "parkway" means that
area between the sidewalk and the nearest curbline running parallel
or generally parallel thereto.
[Code 1966, § 4.22]
(a)
Storage. No person owning or having custody of any partially dismantled, inoperable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public highway, parking lot or ramp longer than 48 hours after notification thereof by the Village police department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this division and the date of the notice. Any vehicle so tagged which is not removed within 24 hours after notice is declared to be a public nuisance and may be removed and disposed of as provided in § 34-67.
(b)
Exemptions. This section shall not apply to a motor vehicle in an
appropriate storage place or depository maintained in a lawful place
and manner authorized by the Village.
[Code 1966, § 4.10(1)]
No person shall abandon any vehicle unattended within the Village
for such time and under such circumstances as to cause the vehicle
to reasonably appear to be abandoned.
[Code 1966, § 4.10(3)]
Any vehicle left unattended for more than 48 hours on any public
street or grounds, or on private property where parking is prohibited,
limited or restricted, without the permission of the owner or lessee,
is deemed abandoned and constitutes a public nuisance; provided, however,
that the vehicle shall not be deemed abandoned under this division
if left unattended on private property out of public view, by permission
of the owner or lessee.
[Code 1966, § 4.10(4)]
This division shall not apply to a vehicle in an enclosed building,
a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner authorized by the Village or a vehicle
parked in a metered or paid lot or parking space where the required
fee has been paid and the meter activated.
[Code 1966, § 4.10(5)]
Any vehicle found abandoned in violation of this article shall
be impounded by the Village police department until lawfully claimed
or disposed of as provided in this division. If the Chief of Police
or his duly authorized representative determines that towing costs
and storage charges would exceed the value of the vehicle, the vehicle
may be junked or sold prior to the expiration of the impoundment period
upon a determination by the Chief of Police that the vehicle is not
wanted for evidence or any other reason; provided, however, that vehicles
in excess of 19 model years of age shall be sold or disposed of only
by auction, sale or sealed bid in accordance with Subdivision (8)
of this section.
[Code 1966, § 4.10(6)]
The minimum period of impoundment or storage of a vehicle found
in violation of this division shall be 10 days.
[Code 1966, § 4.10(7)]
The Village police department, by removing or causing the removal
of any vehicle found in violation of this division shall immediately
notify the Chief of Police of the abandonment and location of the
impounded vehicle, and shall within 10 days thereafter notify the
owner and lienholders of record, by certified mail, of the impoundment
and of their right to reclaim the vehicle. The notice shall set forth
the information contained in W.S.A., § 342.40(3), and shall
state that the failure of the owner or lienholders to exercise their
rights to reclaim the vehicle shall be deemed a waiver of all right,
title and interest in the vehicle and a consent to sale of the vehicle.
[Code 1966, § 4.10(8)]
Each retained vehicle not reclaimed by the owner or lienholder
may be disposed of by sealed bid or auction sale.
[Code 1966, § 4.10(9)]
The sale of a motor vehicle under the provisions of this division
shall forever bar all prior claims thereto and interest therein except
as provided in this division.
[Code 1966, § 4.10(10)]
The purchaser of any vehicle on sealed bid or auction sale under § 34-70 shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee of $10 for each day the vehicle has remained in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle, and the vehicle shall be deemed to be abandoned and may be again sold.
[Code 1966, § 4.10(11)]
Any listing of vehicles to be sold pursuant to this division
shall be made available by the Chief of Police to any interested person
or organization who makes a written request therefor, for a fee of
$5.
[Code 1966, § 4.10(12)]
Within five days after the sale or disposition of a vehicle
under this division, the Village Clerk shall advise the state department
of transportation of such sale or disposition on a form supplied by
the department.
[Code 1966, § 4.10(13)]
At any time within two years after the sale of a motor vehicle
is provided in this division, any person claiming ownership of such
motor vehicle or a financial interest therein may present a claim
to the Village Board setting forth such facts as are necessary to
establish such ownership or interest, and that the failure of the
claimant to reclaim the vehicle prior to sale was not the result of
the neglect or the fault of the claimant. If the Village Board is
satisfied as to the justice of such claim, it may allow the claim,
but in no case shall the amount allowed exceed the sum paid into the
Village treasury as the result of the sale of such motor vehicle,
nor the amount of interest of the claimant therein.
[Code 1966, § 4.10(14)]
(a)
Any owner or person operating a registered vehicle which shall become
disabled or inoperative for any reason, and who shall be unable to
cause the removal of such vehicle from any alley, street, highway
or public place, not otherwise regulated as a restricted parking,
stopping or standing zone, shall, within 12 hours of such occurrence,
notify the Village police department of the location of the vehicle
and shall transfer and deliver clear title for such vehicle to the
Village, together with a fee of $25 to offset the cost of towing and
junking charges and shall be exempt from the provisions of this article.
(b)
When so requested by the owner or person in charge of a vehicle, the Chief of Police shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the Village police department or a contractor engaged by the Village for towing of disabled vehicles. The provisions of § 34-73 shall apply to any vehicle removed under this section.
