(A) Snow removal conditions.
(1) When, in the opinion of the Town Street Department Superintendent, or his or her appointed agent, the actual or expected precipitation of snow will create hazardous or dangerous roadway conditions for vehicular or pedestrian traffic, the Town Street Department Superintendent, or his or her appointed agent, shall have the authority to declare a snow removal condition.
(2) A snow removal condition shall be declared by the Town Street Department Superintendent, or by his or her appointed agent, by issuing a media release to the local radio and cable television stations and by posting notice in the Town Hall.
(3) The snow removal condition shall continue in force and effect until the Town Street Department Superintendent, or his or her appointed agent, declares it to be over by issuing a media release to the local radio and cable television stations or all streets have had the snow and ice removed from curb line to curb line.
(B) Parking restrictions during snow removal periods.
(1) When a snow removal condition has been declared, the following traffic regulations will be in effect for all streets located within the town.
(a) All regular parking restrictions will remain in force, such as two-hour parking limits and all no-parking areas.
(b) On all streets designated and marked as snow routes, no parking will be allowed on the side of the street marked with the snow route signs.
(c) No parking will be allowed on Market Street between 3rd Street and 5th Street and no parking will be allowed on 4th Street between Railroad Street and Arch Street.
(d) These restrictions will remain in force until the snow removal condition has been declared over or the snow has been removed from curb to curb for the entire length of the street.
(2) Any vehicle parked, stalled, incapable of moving under its own power or left unattended on any street in violation of division (B)(1) above shall be ticketed, towed or impounded.
(C) Enforcement.
(1) The Town Street Department, the Town Marshal’s office and the County Sheriff’s Department are hereby authorized to remove or have removed a vehicle from a street to the nearest garage or other place (including another place on a street) or to a garage designated or maintained pursuant to a contract with the town when:
(a) The vehicle is parked or stalled on a street that is declared a snow route and is in violation of division (B) above;
(b) A snow removal condition has been declared; and/or
(c) The vehicle is interfering or about to interfere with snow removal operations.
(2) In the event that it is deemed by any law enforcement officer that a vehicle shall be towed for the purpose of storage, he or she shall order the vehicle towed immediately in accordance with the provisions of this section. The Town Marshal or the Town Street Department shall have the authority to enter into a service contract with a wrecker services for the purpose of towing vehicles during the period of snow removal condition operations. Vehicles shall be towed to any approved storage lot owned by a wrecker service or vehicle dealership. In the event that there is no space available on a lot, the vehicle shall be stored at a site designated by the law enforcement officer.
(3) Whenever a vehicle has been removed from a street as authorized in this section and the appropriate agency is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the agency shall, as soon as possible, give or cause to be given notice in writing to the owner of the fact of the removal and the reasons therefor and of the manner in which the vehicle may be reclaimed. In this event, any notice shall be given to the proprietor of the storage lot or garage.
(4) Whenever an officer removes or has removed a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any reason is unable to give notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three days, then and, in that event, the officer shall immediately send or cause to be sent a written report of the removal by mail to the Bureau of Motor Vehicles and shall file a copy of the notice with the proprietor of any storage lot or garage in which the vehicle may be stored.
(5) (a) No person shall recover any vehicle removed in accordance with this section, 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 appropriate law enforcement agency evidence of his or her identity and right to possession of the vehicle and shall:
1. Sign a receipt for its return;
2. Pay the cost of removal;
3. Pay any cost of storage accrued for each additional day or portion thereof thereafter; and
4. Obtain a receipt from the Town Clerk for the payment of the fine listed in § 94.99.
(b) Until paid, these charges constitute a lien on the vehicle which may be enforced in the same manner as a garage keeper’s lien in accordance with the provisions of the applicable state statutes.
(6) It shall be the duty of the appropriate law enforcement agency to keep a record of each vehicle removed in accordance with this section. The record shall include:
(a) A description of the vehicle;
(b) Its license number;
(c) The date and time of its removal;
(d) Location from where it was removed;
(e) Its present location;
(f) The name and address of its owner and last operator, if known;
(g) Its final disposition; and
(h) The parking violation involved.
(D) Owner/occupant to remove snow. The owner or occupant of any lot or parcel of land lying within the town shall keep the sidewalks of the lot or parcel of land clean at all seasons of the year. In addition, after any fall of snow measuring two or more inches deep the owner/occupant shall remove the snow or cause it to be removed from the sidewalk within 48 hours after the snow has fallen.
(Ord. 2007-07, passed 10-2-2007) Penalty, see § 94.99