Town of Brookhaven, NY
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2023-09-18
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The Code
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Chapter 38 Highways
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Article III Abandoned Vehicles
- The Code
- Ch 1 General Provisions
- Ch 2 Access to Public Records
- Ch 3 Alcoholic Beverages
- Ch 4 Amusements
- Ch 5 Appearance Tickets
- Ch 6 Traffic Violations Bureau
- Ch 7 Bidding Preferences
- Ch 7A Business Practices
- Ch 7B Green Procurement
- Ch 7C Energy Initiative
- Ch 8 Bay and Harbor Bottoms
- Ch 9 Beaches
- Ch 10 Parks and Recreation Areas
- Ch 10A Feeding of Waterfowl and Pigeons
- Ch 11 Bingo
- Ch 13 Boat Control
- Ch 14 Houseboats
- Ch 15 Joseph Macchia Environmental Preservation Capital Reserve Fund
- Ch 15A Brookhaven Wildlife Experience Capital Reserve Fund
- Ch 15B Brookhaven Active Parkland Capital Reserve Fund
- Ch 16 Building Construction Administration
- Ch 16A Electrical Code
- Ch 17 (Reserved)
- Ch 18 Capital Budget System
- Ch 18A Clerk
- Ch 18B Operating Budget
- Ch 19 Commercial and Business Activities
- Ch 20 Departments and Bureaus
- Ch 21 Sewer Use
- Ch 21A Discrimination
- Ch 22 Docks
- Ch 23 Dog Control and Animal Welfare
- Ch 24 Dumps and Disposal Areas
- Ch 25 Economic Development Zone
- Ch 26 Business Development Districts
- Ch 27 Procedures for Ballot Propositions Proposing Ward Districts and Reapportionment Thereof
- Ch 28 Code of Ethics and Disclosure
- Ch 29A Fire District
- Ch 30 Fire Prevention
- Ch 31 (Reserved)
- Ch 32 Community Choice Aggregation Energy Program
- Ch 34 Games of Chance
- Ch 34A Games and Amusement Devices
- Ch 36 Peddlers
- Ch 37 All-Terrain Vehicles
- Ch 38 Highways
- Ch 38 Art III Abandoned Vehicles
- § 38-11 Authorization to appoint administrator.
- § 38-12 Town use of abandoned vehicles; redemption by owner.
- § 38-13 Removal of vehicles during emergencies.
- § 38-14 Removal of vehicles from private property.
- § 38-15 Penalties for offenses.
- Ch 41 Deposits on Construction of New Homes
- Ch 42 Junk Dealers
- Ch 43 Drop-Off Bins
- Ch 44 Laundry and Dry-Cleaning Businesses
- Ch 45 Sanitation
- Ch 46 Recycling
- Ch 47 Petroleum Substances, Disposition of
- Ch 48 Graffiti and Defacement of Property
- Ch 49 Property Maintenance
- Ch 49A Public Hearings
- Ch 49B Nuisance Abatement
- Ch 50 Noise Control
- Ch 51 Refrigerators; Wells; Cisterns
- Ch 54 Licensing
- Ch 55 Child Protection Act
- Ch 57 Shellfish
- Ch 64 Employee Servicemember Benefits and Compensation Protection Act
- Ch 65 Taxation
- Ch 66 Towing Businesses
- Ch 67 Taxicabs
- Ch 68 Outdoor Furnaces
- Ch 71 Trespassing
- Ch 72 Trees and Debris, Disposition of
- Ch 73 Unsafe Buildings and Excavated Lands
- Ch 74 Brookhaven Port Jefferson Harbor Complex Waterway
- Ch 75 Vegetation on Beach Areas
- Ch 76 Coastal Erosion Hazard Areas
- Ch 77 Nature Preserves
- Ch 78 Water Resources
- Ch 78A Nitrogen Protection Zone
- Ch 79 Water
- Ch 83 Wooden Public Walks
- Ch 84 Notice of Defective or Dangerous Conditions
- Ch 90 Certificate of Registration Requirements for Expeditors
- Disposition List
- Ch DL Disposition List
- Land Use Legislation
- Ch 29 Fees
- Ch 33 Flood Damage Prevention
- Ch 35 Grading
- Ch 52 Mining and/or Land Reclamation
- Ch 53 Sand and Gravel Pits; Excavation; Removal of Topsoil
- Ch 57A Signs
- Ch 61 Subdividers; Posting of Information
- Ch 70 Tree Preservation
- Ch 80 Critical Environmental Areas; Seqra Implementation
- Ch 81 Wetlands and Waterways
- Ch 82 Neighborhood Preservation
- Ch 85 Zoning
- Ch 86 Stormwater Management and Erosion Control
- Ch 86A Prohibition of Illicit Discharges and Connections to the Town of Brookhaven Municipal Separate Storm Sewer System
- Ch 87 Vacant Building Registration
- Ch 88 Blighted Property Restoration
- Ch 89 (Reserved)
- Appendix
- Ch SR Subdivision Regulations
The Town Board is hereby authorized to appoint
a Director to administer § 1224 of the New York State Vehicle
and Traffic Law, as amended, with respect to the collection, storage
and disposition of abandoned vehicles.
A.
Pursuant to § 1224, Subdivision 6(a), of
the Vehicle and Traffic Law, as such section may be from time to time
be amended, the Town Board may convert to Town use, in any calendar
year, up to 1% of its unclaimed vehicles having a wholesale value
in excess of $750 or two such vehicles, whichever is greater.
B.
The owner or person in charge of an abandoned vehicle
may redeem the same upon payment of all removal and storage fees,
as such fees may be set from time to time by Town Board local law
to cover the costs of the Town.
A.
When any vehicle is parked or abandoned on any highway
within the unincorporated limits of the Town during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway upon which said vehicle is parked or abandoned, said vehicle
may be removed by the Director.
B.
When any vehicle is found unattended on any highway
within the unincorporated limits of this Town where said vehicle constitutes
an obstruction to traffic, said vehicle may be removed by the Director.
C.
After removal of any vehicle as provided in this section,
the Director may store such vehicle in a suitable place at the expense
of the owner. Such owner or person in charge of the vehicle may redeem
the same upon payment of all removal and storage fees, as may be set
from time to time by Town Board resolution to cover costs of the Town.
[Amended 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
D.
The fee for towing vehicles being removed pursuant to § 38-13 when called directly by the Town of Brookhaven shall be established by Town Board resolution.
[Added 1-25-2011 by L.L. No. 8-2011, effective 2-8-2011; amended 12-19-2019 by L.L. No.
27-2019, effective 12-31-2019]
E.
The Director shall, without delay, report the removal
and the disposition of any vehicle removed as provided in this section
to the Suffolk County Police Department and request the Suffolk County
Police Department to ascertain the owner of the vehicle or person
having custody of the same and to notify him of the removal and disposition
of such vehicle and of the amount which shall be required to redeem
the same.
[Added 1-25-2011 by L.L. No. 8-2011, effective 2-8-2011]
The fee for towing abandoned vehicles off private property when
called directly by the Town of Brookhaven shall be the actual expense,
but not less than $500.
A violation of the foregoing Article III shall be a violation punishable by a fine of not less than $100 nor more than $500.
