Village of East Rockaway, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway: Art. I, 3-14-1960 as L.L. No. 1-1960. Sections 222-4, 222-6 and 222-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Dumpsters — See Ch. 128.
Garbage, rubbish and refuse — See Ch. 161.
Junk dealers — See Ch. 181.
Municipal parking lots — See Ch. 203.
Property maintenance — See Ch. 226.
Streets and sidewalks — See Ch. 250.
Vehicles and traffic — See Ch. 275.
[1]
Editor's Note: This chapter was originally titled Property and Vehicles, Abandoned.
[Adopted 3-14-1960 as L.L. No. 1-1960]
As used in this Article, the following terms shall have the meanings indicated:
PARKING FIELD
Includes every municipal parking field owned, leased, hired or under the general jurisdiction of the Board of Trustees of the Village of East Rockaway[1] and also such areas designated by the Village Board of the Village of East Rockaway as limited or restricted parking areas along the boat basin on Dock Street and Althouse Avenue.
PERSON
Includes a natural person, of either sex, corporations, partnerships, associations, joint-stock company, society and all other entities capable of being sued.
STREET
Includes a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert and crosswalk and every class of road used by the general public.
[1]
Editor's Note: For related provisions, see Ch. 203, Parking Lots, Municipal.
It shall be unlawful for any person, his agent or employee to leave or to suffer or permit to be left any 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 to erect or cause to be erected thereon any shed, building or other obstruction; except, however, that this section shall not apply to materials lawfully placed at the curbs or sides of streets for collection by the Department of Public Works.
The Commanding Officer of the Fourth Precinct of the Nassau County Police Department and the Superintendent of Highways 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 and shall take the same, or cause the same to be taken, to property or premises of the village where the same shall be held until redeemed or sold as hereinafter provided.
[Amended 8-10-1987 by L.L. No. 4-1987]
Any person violating any of the provisions of this Article shall be liable for and forfeit and pay a penalty of $25 for each violation. 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 hereafter provided.
Whenever the Commanding Officer of the Fourth Precinct of the Nassau County Police Department and/or the Superintendent of Highways 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 Commanding Officer of the Fourth Precinct of the Nassau County Police Department or the Superintendent of Highways and advising the amount which is necessary to redeem.
[Amended 8-10-1987 by L.L. No. 4-1987]
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 tendering the sum of $25. 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 a person seeking to redeem unless proof establishing to the satisfaction of the Commanding Officer of the Fourth Precinct of the Nassau County Police Department or the Superintendent of Highways 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 village 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.
Where any such property remains in the custody of the Commanding Officer of the Fourth Precinct of the Nassau County Police Department and/or the Superintendent of Highways for a period of 15 days after removal and with respect to which no person has presented to the Commanding Officer of the Fourth Precinct of the Nassau County Police Department and/or the Superintendent of Highways proof establishing to his satisfaction such person's ownership or right to possession as hereinabove stated, the Commanding Officer of the Fourth Precinct of the Nassau County Police Department and/or the Superintendent of Highways shall give public notice in the official newspaper of the village 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. Said sale shall be conducted by the Commanding Officer of the Fourth Precinct of the Nassau County Police Department or the Superintendent of Highways or any employee of his Department designated by him or by an auctioneer designated by the Commanding Officer of the Fourth Precinct of the Nassau County Police Department or the Superintendent of Highways.
In the event that said property shall remain unsold at public auction, the Commanding Officer of the Fourth Precinct of the Nassau County Police Department and/or the Superintendent of Highways may reoffer said 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 village to the owner of such property or other person lawfully entitled thereto or having an interest therein.
[Amended 8-10-1987 by L.L. No. 4-1987]
Immediately after property is redeemed, the Commanding Officer of the Fourth Precinct of the Nassau County Police Department or the Superintendent of Highways shall pay over to the Treasurer of the village the amount received for redemption, costs and expenses of the article redeemed, together with an itemized statement thereof. Immediately after a sale or other disposition of such property, the Commanding Officer of the Fourth Precinct of the Nassau County Police Department and/or the Superintendent of Highways shall pay over to the Treasurer the proceeds of the 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 fund with so much of the proceeds as equals the costs and expenses of such sale, plus $25 for each article sold, to cover the cost of removing and storing the property. The remainder of the moneys realized from such sales shall be paid without interest to the lawful owner thereof.
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.[1]
[1]
Editor's Note: Former Article II, Abandoned Vehicles, adopted 9-28-1964, as amended, which immediately followed this section, was repealed 9-13-1993 by L.L. No. 2-1993.