A.
When any vehicle is parked or abandoned on any street,
street right-of-way, highway or parking area within this Town during
a snowstorm, flood, fire or other public emergency which affects that
portion of the public street, street right-of-way, highway or parking
area upon which said vehicle is parked or abandoned or when any vehicle
is found unattended on any street, street right-of-way, highway or
parking lot, within the Town where said vehicle constitutes an obstruction
to traffic or when any vehicle is parked or abandoned on any street,
street right-of-way, highway or parking lot within this Town where
stopping, standing or parking is prohibited, said vehicle may be removed
by or under the direction of the local law enforcement officials.
B.
Notwithstanding any specific prohibitions herein set
forth, it shall be unlawful to, and no motor vehicle may, be parked
on any public street or parking area for more than 24 consecutive
hours. Any automobile found to be parked on any public street or parking
area for 24 consecutive hours or more may be removed by the Town and
impounded, and such removal shall be paid by such owner, his agent
or representative.
A.
In addition to any other penalties or fines imposed for the violation of Article II hereof, the provisions of this section shall apply to the following categories of vehicles:
(1)
Vehicles operated or parked on any public street,
public highway, any portion of the entire width between the boundary
lines of any way publicly maintained when any part thereof is open
to the use of the public for purposes of vehicular travel, or on any
property leased by or in the possession and control of the Town of
Southeast in violation of any provision of any municipal ordinance,
state law, rule or regulation.
(2)
Vehicles which have three or more outstanding and
unpaid parking violations issued against them and which, after mailing
to the registered owner a final notice, are found operated or parked
on any public street, public highway, any portion of the entire width
between the boundary lines of any way publicly maintained when any
part thereof is open to the use of the public for purposes of vehicular
travel or on any property leased by or in the possession and control
of the Town of Southeast.
B.
Any such vehicle may be removed or caused to be removed
by or under the direction of a member of a local law enforcement agency
by towing or otherwise. In addition to or in lieu of towing, any such
vehicle may be immobilized in such manner as to prevent its operation,
except that no such vehicle shall be immobilized by any means other
than by the use of a device or other mechanism which will cause no
damage to such vehicle unless it is moved while such device or mechanism
is in place. In any case involving immobilization of a vehicle pursuant
to this subsection, such member of the local law enforcement agency
shall cause to be placed on such vehicle, in a conspicuous manner,
notice sufficient to warn any individual to the effect that any attempt
to move such vehicle might result in damage to such vehicle.
C.
Within 24 hours after towing or immobilization, the
local law enforcement agency responsible for having the vehicle removed
shall notify the owner of such vehicle of the fact of its towing or
immobilization, the place where it may be recovered and the conditions
under which it will be released.
D.
Release of vehicle.
(1)
Before the owner or person in charge of any vehicle
taken into custody, or immobilized as above provided, shall be allowed
to repossess or to secure the release of said vehicle, the owner or
his/her agent shall pay the following:
(2)
No such vehicle shall be released until the owner
or his agent has established his identity and right to possession
and has signed a proper receipt therefor.
E.
If, after a vehicle has been towed or immobilized, any person shall remove such vehicle without complying with Subsection D(1) and (2) or shall do any damage to the immobilization device, then the owner or such vehicle and the person removing such vehicle or doing such damage shall, in addition to any other fines or penalties provided for under this subsection, be liable for any damage done to the immobilization device or mechanism and, in addition, be subject to a fine of not less than $100 nor more than $250. The owner of such vehicle may, as a defense to this Subsection E, plead and provide that at the time of such removal or damage, such vehicle was stolen but only if, prior to such act or acts, notice of a stolen vehicle had been given to the applicable police authority.
A vehicle shall be deemed abandoned and the
authority to sell the vehicle at public auction shall be adopted pursuant
to Article 33, § 1224, of the Vehicle and Traffic Law of
the State of New York.
