[Amended 12-13-2006 by L.L. No. 2-2006]
A. After removal of any vehicle as provided in this article,
Highway Superintendent or Code Enforcement Officer 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 it was stored the cost or
charges therefor.
B. The cost of towing and storage as hereinbefore provided
shall be determined as follows:
(1) If the towing or storage is done by a municipal department,
the cost thereof shall be in accordance with the reasonable expense
incident to same, plus a reasonable charge as compensation therefor,
such storage charges not to exceed an amount set forth from time to
time by the Town Board.
(2) If the towing or storage is done by a private company
or individual, then the cost shall be at the rate usually charged
for such service by such company or individual, but in no case shall
the cost exceed a reasonable compensation for the actual labor, material
or space involved.
(3) It shall be entirely within the discretion of the
Highway Superintendent or Code Enforcement Officer as to whether the
towing and storage provided in this chapter shall be done by the Town
or by a private company or individual; nevertheless, best judgment
shall be exercised in determining the means for such towing and the
place for storage.
(4) The cost of towing and storage shall be charged against
the owner of the vehicle and shall be added to and be made a part
hereof of any fine hereafter imposed for the above reasons. Irrespective
of any method for collecting fines for traffic violations, and in
addition thereto, all towing and storage costs imposed under this
section shall constitute and be a lien against any vehicle impounded
as provided above, and such lien shall not be lost, nor shall same
be considered waived, by reason of the owner's taking possession of
the vehicle before the costs are paid.
It shall be the duty of the Highway Superintendent
or Code Enforcement Officer to ascertain to the extent possible the
owner of the vehicle or the person having the same in charge and to
notify him of the removal and disposition of such vehicle and of the
amount which will be required to redeem same. Said Highway Superintendent
or Code Enforcement Officer shall also, without delay, report to the
Town Clerk the removal and disposition of any vehicle removed as provided
in this article.