The purpose of this chapter is to eliminate
abandoned vehicles which tend to impede traffic in the streets or
interfere with the enjoyment of, and reduce the value of, private
property, to invite plundering, to create fire hazards and other safety
and health hazards to children as well as to adults, to interfere
with the comfort and well-being of the public and to create, extend
and aggravate urban blight.
Any vehicle that is either inoperable, dismantled,
wrecked or which displays expired registration plates which are at
least 30 days expired, or which displays no registration plates, or
from which major components have been removed, is in such a state
of disrepair as to be incapable of being operated in the manner for
which it is designed and is situated on private property appearing
to have been abandoned; or which is inoperable, dismantled, wrecked
or which displays expired registration plates which are at least 30
days expired, or which displays no registration plates, or from which
the major components have been removed and which shall have been placed
upon any public highway or private property within the Town of Middletown
for a period in excess of 24 hours without being removed shall be
considered to be abandoned for the purpose of this chapter, except
that vehicles and equipment used or to be used in the construction,
operation or maintenance of public utility facilities and which are
left in a manner which does not interfere with the normal movement
of traffic shall not be considered abandoned vehicles for the purposes
of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
POLICE
The Town of Middletown's authorized police authority: Middletown
Police Department.
[Amended 6-6-2016 by Ord.
No. 16-05-01]
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a public highway, excepting
devices moved by human power or used exclusively upon stationary rails
or tracks and excepting electric trackless trolley coaches and excepting
off-highway vehicles (OHVs).
[Amended 6-6-2016 by Ord.
No. 16-05-01]
The police/code enforcement officer/public safety
aid shall enforce this chapter with respect to public highways, streets
and private property within the Town of Middletown.
In the event that a vehicle is abandoned on private property without the consent of the owner or occupant thereof, at the complaint of the property owner or occupant, the police shall take the appropriate steps to ensure the vehicle in question has not been reported stolen or otherwise involved in criminal activity, and will make every reasonable effort to contact the registered owner of the vehicle, except that the posting required in §
163-5 may be omitted. Responsibility for removal of the vehicle in question resides with the property owner/manager.
The notice required by §§
163-5 and
163-7 shall state that if such vehicle is not so removed, it will be removed and stored at the owner's expense and thereafter will be subject to disposal in accordance with law.
No law enforcement officer or agent or employee
of the Town of Middletown acting under this chapter and no one who
tows or stores a vehicle as a result of his being directed to do so
shall be liable to criminal prosecution arising from such action or
be liable to any person for the injury, loss or destruction of any
real or personal property which occurs in the course of the removal
or storage of any vehicle taken into custody under this chapter.
Anyone maintaining an inventory of antique cars
or parts thereof shall not be subject to this chapter, provided that
the antique cars or parts thereof are housed in a building consisting
of four sides and a roof and are not visible from the highway or road
from any location.
[Amended 12-3-2007]
Any person who willfully abandons a vehicle within the right-of-way of any highway or street of this Town or upon the property of another without his consent and any person who, being the owner of an abandoned vehicle, willfully fails to remove it pursuant to the directive given under §
163-5 of this chapter shall be fined not less than $50 for each day the vehicle is not removed after due notice is given.