[Adopted 9-30-1991 by L.L. No. 3-1991]
[Amended 8-21-1995 by L.L. No. 5-1995]
It shall be unlawful for any person to cause
an obstruction on any right-of-way for a Town road in the Town of
New Berlin. The Town Highway Superintendent of the Town of New Berlin
is hereby empowered to immediately remove any such obstruction and
to seize any personal property causing said obstruction and shall
store it for a period of 10 days from the date of removal at the sole
cost and expense of the person or persons causing said obstruction.
Immediately upon removal, the Town Highway Superintendent shall notify,
by certified mail, return receipt requested, the owner of said property,
if known, of such seizure and removal and shall set forth in such
notice the cost of removal and the fees necessary to redeem said property
and shall further state the location where said fees shall be paid
for the redemption of said property. If the owner of said property
is not known or if it is not redeemed within 10 days from the date
of removal, said property shall be sold at public auction at a time
and place determined by the Town Board of the Town of New Berlin,
and the proceeds of said sale shall first be applied to the fees and
expenses of removal as determined by the Highway Superintendent and
the balance, if any, shall be deposited with the Town Clerk for a
period of six months from the date of sale on behalf of the owner
of said personal property, and it shall be paid over to the owner
upon said owner's request and submission of satisfactory proof of
ownership to the Town Clerk. If no person claims said surplus proceeds
in the aforesaid six-month period, the Town Clerk shall turn said
funds over to the Town Treasury and said funds shall become the sole
and exclusive property of the Town of New Berlin. If the obstruction
consists of personal property of any nature whatsoever, the owner
of said personal property and/or the person last in possession of
said personal property shall be presumed to have created the obstruction.
This Article shall specifically exclude the
lawful parking of any motor vehicle duly registered for operation
on the roadways of the State of New York.
[Amended 8-21-1995 by L.L. No. 5-1995]
It shall be a violation for any person to intentionally
cause an obstruction on any right-of-way for a Town road in the Town
of New Berlin, and a conviction of a violation of this section shall
be punishable by imprisonment for not more than 15 days or by a fine
of not more than $250, or by both such fine and imprisonment.
