A. Owner’s Duty To Remove: It shall be the duty of all persons owning vehicles parked or stored upon any public street to remove such vehicle from the street immediately when it becomes evident that snow plowing or removal operations may isolate, cover, or otherwise restrict the movement of such vehicle or when the vehicle(s) parked upon the town street hinders the snow plowing and/or snow removal efforts of the town, or when such vehicle restricts the free vehicular traffic flow on the streets.
B. Written Warning; Citation: Whenever the town public works superintendent or his designate finds there is an accumulation of snow or ice sufficient that a level I, II, or III snow emergency is declared or that the parking or storage of a vehicle hinders the snow plowing, sanding or removal efforts of the town, the superintendent or his designee shall be and is hereby empowered to give a written warning or a citation for violation of this chapter. The superintendent’s designate may be any town employee who is responsible for snow plowing, sanding or removal efforts of the town, and may also be the town’s Enforcement Officer, or any law enforcement officer. The owner shall have the duty to remove the vehicle so as to comply with this chapter.
C. Unable To Contact Owner: In the event town personnel cannot contact the owner of the vehicle, then the town personnel shall place a warning or citation upon the vehicle in a secure and visible place. In this event, the owner shall have the same duty to remove the vehicle as set forth in other sections of this chapter, and the town personnel shall have the same authority to remove the vehicle as is otherwise set forth in this chapter.
D. Failure To Remove: If the owner does not remove the vehicle within fourteen (14) hours after the beginning of a snow storm, the owner may be issued a citation.
E. Removal By Town; Notice Of Removal: Whenever an officer or town official removes or has removed a vehicle from a street as is authorized in this chapter and the officer or official knows or is able to ascertain the name and address of the owner thereof, such officer or official shall immediately give or cause to be given notice, in writing, to such owner/operator of the fact of such removal and the reasons therefor and of the place to which such vehicle has been moved. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
F. Unable To Ascertain Ownership: Whenever an officer or official 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 herein before provided, and, in the event the vehicle is not returned to the owner within a period of three (3) days from its removal, then and in that event, the officer or official shall immediately send or cause to be sent a written report of such removal by mail to the state department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the removed vehicle is stored. The notice shall state the reasons for such removal, and the name of the garage or place where the vehicle is stored.
G. Redemption Of Vehicle; Fees: No person shall recover any vehicle removed in accordance with this section except as provided herein. Before the owner of such vehicle shall be allowed to recover it from the place where it has been placed or impounded, he shall present to the town official, officer, or town clerk-treasurer evidence of his identity and right to possession of the vehicle and shall sign a receipt for its return. The owner of such vehicle shall show to the town official, officer, or town clerk-treasurer evidence that he or she has paid to any private towing company the fees for towing such vehicle. The owner of such vehicle shall also show to the town official, officer, or town clerk-treasurer evidence that he or she has paid the proprietor of any public garage to which the vehicle was towed the fees charged by the garage proprietor. A reasonable fee for towing, storing, or garaging a vehicle shall be charged by the town, in the event the town tows, stores or garages a vehicle. These fees must be paid prior to the owner receiving any vehicle. These fees shall not be credited toward any fine to be paid by the person violating this chapter.
H. Record Of Vehicles Removed: It shall be the duty of the town official, officer, or town clerk-treasurer to keep a 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 the last operator, if known, its final disposition, and the parking violation involved.
I. Supplemental Provisions: This section shall be supplemental to any other provisions of law granting town officials, officers, or the town clerk-treasurer authority to remove a vehicle.
J. Prima Facie Evidence: 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 chapter, together with proof that the defendant named in the complaint was at the time the registered owner or the operator of such vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this chapter.
K. Responsibility For Damages: The town shall not be responsible for any damage to any vehicle towed and/or stored as a result of a violation of this chapter. (Ord. 96-4, 8-26-1996; amd. Ord. 2023-01, 3-27-2023)