[Adopted 2-22-1971 by L.L. No. 1-1971 as Ch. 94 of the 1971 Code]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes a natural person of either sex, corporations, partnerships, associations, joint-stock companies, societies 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, square, place or municipal parking field used by the general public.
[Amended 5-7-2018 by L.L. No. 4-2018]
Except as provided in Article XII of Chapter 287 of this Code, it shall be unlawful for any person, his agent or employee to leave, or to suffer or permit to be left, any vehicle, 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; excepting, however, that this section shall not apply to materials lawfully placed at the curbs or sides of streets for collection by the Department of Sanitation.
It shall be deemed a violation of this article if a motor vehicle remains parked for a period in excess of 24 hours.
[Amended 5-7-2018 by L.L. No. 4-2018]
The Police Commissioner shall remove or can cause to be removed any vehicle, cart, wagon, box, barrel, bale of merchandise or other movable property found upon any street, sidewalk or municipal parking field in violation of any law, rule or regulation, and shall take same, or cause same to be taken, to property or premises of the Village where same shall be held until redeemed or sold as hereinafter provided.
Any person violating any of the provisions of this article shall be liable for and forfeit and pay a penalty of $10 for each violation, and it is further ordained and enacted that the violations of any provisions of this article shall constitute disorderly conduct and the person so violating the same shall be and is hereby declared a disorderly person. 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 hereinafter provided.
The Chief of Police shall notify in writing the Nassau County Police Department and the Commissioner of Motor Vehicles of the removal of any motor vehicle as hereinabove provided, and in the event that the Commissioner of Motor Vehicles declines to accept custody of such motor vehicle in accordance with Section 60 of the Vehicle and Traffic Law, the same shall be disposed of as herein provided.
Whenever the Chief of Police 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 Chief of Police and advising the amount necessary to redeem.
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, in the case of a vehicle, the sum of $10 plus the sum of $1 per day commencing the third day after the vehicle is removed to the date of redemption, and for all other property the sum of $5. 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 Chief of Police 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 Chief of Police for a period of 15 days after removal and with respect to which no person has presented to the Chief of Police proof establishing to his satisfaction such person's ownership or right to possession as hereinabove stated, the Chief of Police 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 Chief of Police or by any employee of his Department designated by him, or by an auctioneer designated by the Chief of Police.
In the event that said property shall remain unsold at public auction, the Chief of Police 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.
Immediately after property is redeemed, the Chief of Police 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 Chief of Police shall pay over to the Treasurer the proceeds of sale or other disposition of such property, with an itemized statement of the article sold, the price received and the costs and expenses of 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 the sum of $10 for each motor vehicle sold and $5 for such other 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.