[HISTORY: Adopted by the Board of Trustees
of the Village of Freeport 8-18-2014 by L.L. No. 7-2014.[1] Amendments noted where applicable]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 197.
[1]
Editor's Note: This local law also repealed former Ch. 142,
Lost and Abandoned Property, adopted 1-8-1963 by L.L. No. 1-1963,
as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
A natural person of either sex, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
capable of being sued.
A street, avenue, road, alley, lane, highway, boulevard,
concourse, driveway, culvert and crosswalk and every class of road,
square or place used by the general public.
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.
A.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, to deposit
or cause to be permitted to be deposited an abandoned, junked, discarded,
inoperable, dismantled or partially dismantled or wrecked motor vehicle,
cycle or trailer on any public street within the corporate limits
of the Village of Freeport.
B.
Any motor vehicle not exhibiting number plates as required by the
Vehicle and Traffic Law of the State of New York shall be deemed to
be in immediate violation of this chapter and will be subject to removal
without notice. It shall be deemed a violation of this chapter if
a motor vehicle remains parked for a period in excess of 48 hours
after notice of violation has been posted on the motor vehicle.
The Freeport Police Department of the Village shall remove or
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 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 chapter shall
be liable for a fine of:
The Freeport Police Department 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 § 424 of
the Vehicle and Traffic Law of the State of New York, the same shall
be disposed of as herein provided.
Whenever the Freeport Police Department shall receive any property
containing identification of ownership or right to possession, a notice
shall be sent by registered mail to such person advising that such
property is held by the Chief of Police and advising the amount necessary
to redeem same.
Such property may be redeemed by the owner thereof at any time
prior to the sale, dismantling, destruction or disposal thereof, and
the owner shall be entitled to receive such property upon tendering,
in the case of a motor vehicle, the sum of $250, plus the sum of $25
per day, commencing with the third day after the vehicle is removed
to the date of redemption, and for all other property, the sum of
$150. 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 is submitted
establishing such person's ownership or right to possession to
the satisfaction of the Freeport Police Department. 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 shall
recover the same, with interest and costs, from the person to whom
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 proof establishing such person's
ownership or right to possession to the satisfaction of the Freeport
Police Department as hereinabove provided, the Freeport Police Department
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 Freeport Police Department 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 Freeport Police Department may reoffer said property
for sale at a subsequent public auction held pursuant to this chapter
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 chapter 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 Freeport Police
Department shall pay the amount received for redemption, costs and
expenses of the article redeemed, together with an itemized statement
thereof, to the Treasurer of the Village. Immediately after a sale
or other disposition of such property, the Chief of Police shall pay
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 to the Treasurer, 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 $250 for
each motor vehicle sold and $150 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 chapter shall not apply to any property
which may come into the possession or custody of the Nassau County
Police Department, which is retained by the Police Department and
not delivered to the custody of the Freeport Police Department.
The Police Department is authorized to convert in any calendar
year up to 1% of its unclaimed abandoned vehicles, but in no event
more than two said vehicles in any calendar year, as authorized by
§ 1224 of the Vehicle and Traffic Law of the State of New
York.
