(A) (1) The police officer are hereby authorized to remove or have removed a vehicle from a street to the nearest garage or other place of safety, including another place on a street, or to a garage designated by the Marshal or otherwise maintained by the town, under the following circumstances or conditions:
(a) The vehicle is parked on a part of a snow emergency route on which a parking prohibition is in effect;
(b) The vehicle is stalled on a part of a snow emergency route on which there is a covering of snow, sleet or ice or on which there a parking prohibition in effect and the person who was operating the vehicle does not appear to be removing it in accordance with the provisions of § 70.64 of this chapter; and
(c) The vehicle is parked in violation of any parking ordinance or provision of law and is interfering or about to interfere with snow removal operations.
(2) Whenever an officer removes or has removed a vehicle from a street as authorized in this section, and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the officer shall immediately give or cause to be given notice in writing to the owner of the fact of the removal, the reasons therefor and of the place to which the vehicle has been removed. In the event the vehicle is stored in a public garage, a copy of the notice shall be given to the proprietor of the garage.
(3) 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 other reason is unable to give the notice to the owner as provided in division (A)(2) above, and in the event the vehicle is not returned to the owner within a period of three days, then the officer shall immediately send or cause to be sent a written report of the removal by mail to the Bureau of Motor Vehicles whose duty it is to register motor vehicles, and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The notice shall include a complete description of the vehicle, the date, time and place from which it was removed, the reasons for the removal and the name of the garage or place where the vehicle is stored.
(4) It shall be the duty of the Town Marshal to keep record of each vehicle removed in accordance with this section. The record shall include a description of the vehicle, its license number, the date and time of its removal, where it was removed from, its location, the name and address of its owner and last operator, if known, its final disposition, and the parking violation involved.
(5) This section shall be supplemental to any other provisions of law granting the Town Marshal authority to remove vehicles.
(Prior Code, Title VII, Ch. I, Art. XV, § 15.9)
(B) No person shall recover a vehicle removed in accordance with division (A) above, except as provided herein. Before the recovery is allowed, the owner or other person authorized to recover the vehicle, such person shall present to the Department of Public Safety proof of identity and right to possession of the vehicle; sign a receipt for return of the vehicle; and pay the actual costs of removal and storage.
(Prior Code, Title VII, Ch. I, Art. XV, § 15.10)
(C) Whenever any motor vehicle without a driver is found parked or left in any provision of this subchapter, and is not removed and impounded as provided for in this subchapter, the 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 a traffic summons.
(Prior Code, Title VII, Ch. I, Art. XV, § 15.11)
(D) 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 chapter, 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.
(Prior Code, Title VII, Ch. I, Art. XV, § 15.12)