(A)   Determining and declaring a snow emergency.
      (1)   Basis for determination. A snow emergency may be determined whenever the Town Council President or his/her designee hereinafter collectively referred to as "President" or "the President" after consultation with the Town Manager, Town Marshal and the head of the Street Department, find on the basis of falling snow, sleet, freezing rain or on the basis of a forecast by the National Weather Service, that weather conditions will or could make it necessary that motor vehicle parking and or travel be forbidden or restricted as further provided in this section.
      (2)   Commencement of snow emergency. A snow emergency shall commence by announcement by the President, which shall issued to local radio and other news services, either before, during or after a weather condition may prevail, when in his or her sound judgment and discretion the circumstances warrant the determination of such an emergency for the public safety of the town. The snow emergency shall continue in effect until the President determines that an emergency no longer exists, and accordingly terminates the emergency, using the same media as before.
   (B)   Parking and travel restrictions. The President in a snow emergency shall have the authority to do the following:
      (1)   Restrict parking upon any streets and alleys that are dedicated to the public use and upon all town parking lots.
      (2)   Prohibit parking upon any and all streets and alleys that are dedicated to the public use and upon all town parking lots.
      (3)   Limit vehicular traffic within the town to emergency needs, medical needs, travel for food or supplies, travel to and from places of business or employment, or to any one of the foregoing. Vehicles used for medical assistance, law enforcement, fire department, emergency management, public utility and fuel hauling vehicles and employees of any such services are exempt from this section if engaged in the performance of their duties.
   (C)   Removal and towing.
      (1)   All vehicles violating the provisions of this section are subject to removal by towing or other means at the expense of the owner of the vehicle, which expense shall be a lien upon the vehicle when such towing or removal is deemed necessary by either the Street Department or Town Marshal.
      (2)   The Hamilton Police Department is hereby authorized to retain the services of a properly licensed and qualified vehicle towing operator to remove any vehicle found in violation of this section, at the sole cost and expense of the owner of such vehicle.
   (D)   Abandonment or unlawful parking. Whenever a vehicle becomes stalled for any reason on any part of a street or alley dedicated to the public in a town parking lot on which there is a parking or travel restriction or prohibition in effect, the operator of the vehicle shall take emergency action to have the vehicle removed from the roadway in whatever manner may be necessary. In the event that a vehicle is cited, removed or impounded during the absence of the operator, pursuant to the provisions of this section, the driver shall have abandoned the vehicle at his own peril.
   (E)   Removal, impoundment and return of vehicles.
      (1)   Officers of the Police Department are authorized to remove or have removed a vehicle found in violation of this section or any provision of the law, and which is interfering or about to interfere with snow removal operations, and have such vehicle towed to a garage or other place of storage.
      (2)   In the event that it is deemed by any law enforcement officer of the town that a vehicle shall be towed, the officer shall issue a parking ticket, mark the ticket "snow emergency violation," place the ticket in a conspicuous location on the vehicle, and then order the vehicle towed. The officer will, through the vehicle registration or other means, attempt to identify and locate and notify the owner of the vehicle removal, and the means of gaining the return of the vehicle. In the event the officer cannot identify the owner within 72 hours, the officer will make the necessary notification to the State Bureau of Motor Vehicles.
(Ord. 2004-03, passed 3-1-04; Am. Ord. 2014-6, passed 11-3-14)