§ 34.17 VEHICLES IN VIOLATION.
   (A)   Whenever a vehicle becomes stalled for any reason, whether or not in violation of this subchapter, as amended from time to time, on any part of a snow emergency route during a snow emergency, the person operating the vehicle shall take immediate action to have the vehicle towed or pushed off the roadway of the snow emergency route, either into the first cross street which is not a snow emergency route, or onto the public space of a nearby driveway. During a snow emergency, no person shall abandon or leave his or her vehicle in the roadway of a snow emergency route (regardless of whether he or she indicates by raising the hood or otherwise that the vehicle is stalled), except for the purpose of securing assistance during the actual time necessary to go to a nearby telephone or to a nearby garage, gasoline station, or other place of assistance and return without delay.
   (B)   During a snow emergency, members of the Police Department are hereby authorized to remove, or have removed, a vehicle from a snow emergency route to the nearest garage or other place of safety, including another place on a street, or to a garage designated or maintained by the Police Department, or otherwise maintained by the town, under the following circumstances or conditions:
      (1)   The vehicle is parked on a part of a snow emergency route;
      (2)   The vehicle is stalled on a part of a snow emergency route and the person who was operating the vehicle does not appear to be removing it in accordance with the provisions of this subchapter, as amended from time to time; and/or
      (3)   The vehicle is parked in violation of any parking ordinance or other provision of law, and is interfering or about to interfere with snow removal operations.
   (C)   No person shall recover any vehicle removed in accordance with this subchapter, as amended from time to time, except as provided herein. Before the owner or person in charge of the vehicle shall be allowed to recover it from the place where it has been placed or impounded, he or she shall present to a member of the Police Department evidence of his or her identity and right to possession of the vehicle, sign a receipt for its return, pay the cost of removal, and pay any cost of storage accrued.
   (D)   Whenever any motor vehicle without a driver is found parked or left in violation of any provision of this subchapter, the police officer finding the vehicle shall take its registration number and any other information displayed on the vehicle which may identify its user and shall conspicuously affix and issue an uniform traffic summons to it.
   (E)   In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this subchapter, as amended from time to time, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this subchapter, together with proof that the defendant named in the complaint was at the time the registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this subchapter, as amended from time to time.
(Ord. 2000-23, passed 11-14-00)