[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley as indicated in article histories. Amendments noted where applicable.]
Article I Emergency Removal of Vehicles
[Adopted 12-14-1994 by L.L. No. 4-1994; amended in its entirety 10-9-1996 by L.L. No. 1-1996]
Editor's Note: This local law also repealed former Art. I, Emergency Removal of Vehicles, adopted 5-10-1976 by L.L. No. 1-1976.
The purpose of this article is to prevent any obstruction or interference with the use of all Town roads and highways within the Town of Pleasant Valley for public travel; to prevent any obstruction or interference with such construction, reconstruction or maintenance of such roads and highways; to facilitate the clearing or removal of snow and ice from such roads and highways; and to prevent any obstruction or interference with any operation of the Town Highway Department during public emergencies.
It shall be unlawful between November 1 of each year and April 15 of the following year for motor vehicles to be left standing or parked or allowed to remain parked upon any Town highway in the Town of Pleasant Valley such that the removal of ice and snow and other seasonal maintenance is or could be inhibited.
When any vehicle is parked, abandoned or allowed to remain upon any Town highway, road, street, avenue or property in the Town of Pleasant Valley during the period described in § 93-2 or any vehicle which obstructs or interferes with the use of such road or highway for public travel; or which obstructs or interferes with the construction, reconstruction or maintenance of such road or highway or which obstructs or interferes with the clearing or removal of snow or ice from such road or highway during the aforementioned period or which obstructs or interferes with the operation of the Town Highway Department during public emergency, the Town Superintendent of Highways or any police agency having jurisdiction in the Town of Pleasant Valley shall have the authority to remove, or cause to be removed, said vehicle.
The Town Highway Superintendent or any police agency with jurisdiction in the Town may utilize the services of commercial towers to remove vehicles, equipment and supplies from Town highways, roads, streets, avenues and property for the purpose of facilitating and complying with §§ 93-2 and 93-3 of this article. All fees and related charges for towing and storage of any vehicle, equipment or supplies made and done pursuant to this article shall be a direct charge from the commercial tower to the owner or otherwise responsible party whose property was so removed.
Upon the removal of a vehicle or other property, pursuant to this article, it shall be the duty of the police agency to ascertain to the extent possible the owner or person in charge of the vehicle or other property removed and to notify that person of the removal and disposition of said vehicle or other property.
Any person or business entity who violates the provisions of this article shall be guilty of an offense punishable by a fine not exceeding $250 or, in the case of an individual, imprisonment for not more than 15 days. Any corporation who violates the provisions of this article may be punished by a fine not to exceed $500. In addition to the above provided penalty and punishment for violation of this article, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, to restrain by injunction any violation of this article and/or seek restitution or damages for recovery for all moneys expended in enforcement thereof. The police agency, Code Enforcement Officer or Highway Superintendent is authorized to issue appearance tickets for violations of this article.