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HomeMy WebLinkAbout#1 of 2008 Emergency Towing of Vehicles NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City of DANBY (IX Town ❑ Village Local Law No. 1 of the year 2008 A local law EMERGENCY TOWING OF VEHICLES (Insert Title) Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of THE TOWN OF DANBY as follows: XTown ❑ Village A LOCAL LAW PROVIDING FOR THE REMOVAL AND STORAGE OF VEHICLES PARKED OR ABANDONED ON HIGHWAYS DURING SNOWSTORMS, FLOODS, FIRES OR OTHER PUBLIC EMERGENCIES OR FOUND UNATTENDED WHERE THEY CONSTITUTE AN OBSTRUCTION TO TRAFFIC OR FOUND ANY PLACE WHERE . STOPPING, STANDING OR PARKING IS PROHIBITED Section 1. TITLE. This local law shall be entitled "Emergency Towing of Vehicles." Section 2. PURPOSE. The purpose of this local law is to authorize, as provided in Subsection 8 of Section 1660 of the New York State Vehicle and Traffic Law, the removal of vehicles parked or abandoned on highways during snowstorms, floods, fires or other public emergencies, or found unattended where they constitute an obstruction to traffic, as determined by the Town Superintendent of Highways, or found any place where stopping, standing or parking is prohibited. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239 (Rev.05/05) Page 1 of 3 Section 3. AUTHORITY TO IMPOUND VEHICLES. a) Any vehicle parked or abandoned on any highway within the Town of Danby that hinders or impairs the ability of the personnel of the Town of Danby, or any other governmental agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt response is necessary or desirable, may be removed by the Town of Danby. b) Any vehicle found unattended on any highway within the Town of Danby which constitutes an obstruction to traffic, as determined by the Town Superintendent of Highways, or found any place where stopping, standing or parking is prohibited may be removed by the Town of Danby. Section 4. STORAGE. The Town of Danby may store any vehicle removed pursuant to Section 3 of this local law in any suitable place at the expense of the owner. The vehicle may be redeemed by payment of the fees specified in Section 5 of this local law. Section 5. FEES. The payment of a towing charge not to exceed $125.00 and a storage charge not to exceed $30.00 per day shall be payable by the owner or operator of the vehicle to the company responsible for towing and/or storing such vehicle. Section 6. NOTIFICATION. The Town Highway Superintendent shall notify the Town Clerk without delay of any vehicles so removed and it shall be the duty of the Town Clerk to ascertain, to the extent possible, the name of the owner of the vehicle and to notify the owner of the removal and disposition of such vehicle, and of the amount which will be required to redeem the same. The Town Clerk shall also notify the Tompkins County Sheriff of the removal. Section 7. EFFECTIVE DATE. This local law supersedes and replaces Local Law 1 of 1990 and any prior local laws setting forth the rules and fees related to emergency towing of vehicles in the Town of Danby. This local law shall take effect immediately upon its filing in the Office of the Secretary of State in accordance with the provisions of Section 27 of New York State Municipal Home Rule Law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. / of 200 8 of the (County)(City) own (Village)of Danby was duly passed by the Town oa d on July 14 20 08 in accordance with the applicable (Name of Legislative Cody) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual)election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none, the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev.05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally a o ted in the manner indicated in paragraph _, above. (4tigtd. Clerk of the county legislative • i City,Town or Village Clerk or - officer designated by local legislative body (Seal) Date: /4, 4•04)X (Certification'to be-executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorrnel%of.locality.) STATE OF NEW YORK—. COUNTY OF \ ,- ,pk,t In c I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. RIL Signature Tu-t A a nrlS-2--\ Title County City f Oa 1\.-,,, ow O"I Village Date: )12-- Og DOS-239 (Rev.05/05) Page 3 of 3 • PRIV NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) f� Text of law should be given as amended. Do not include matter being eliminated and do rl;a italics or underlining to indicate new matter. ❑ County ❑ City of DANBY C!IX Town ❑ Village Local Law No. 1 of the year 2008 A local law EMERGENCY TOWING OF VEHICLES (Insert Title) Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of THE TOWN OF DANBY as follows: DSIXTown ❑ Village • A LOCAL LAW PROVIDING FOR THE REMOVAL AND STORAGE OF VEHICLES PARKED OR ABANDONED ON HIGHWAYS DURING SNOWSTORMS, FLOODS, FIRES OR OTHER PUBLIC EMERGENCIES OR FOUND UNATTENDED WHERE THEY CONSTITUTE AN OBSTRUCTION TO TRAFFIC OR FOUND ANY PLACE WHERE . STOPPING, STANDING OR PARKING IS PROHIBITED Section 1. TITLE. This local law shall be entitled "Emergency Towing of Vehicles." Section 2. PURPOSE. The purpose of this local law is to authorize, as provided in Subsection 8 of Section 1660 of the New York State Vehicle and Traffic Law, the removal of vehicles parked or abandoned on highways during snowstorms, floods, fires or otherr public emergencies, or found unattended where they constitute an obstruction to traffic, as determined by the Town Superintendent of Highways, or found any place where stopping, standing or parking is prohibited. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239 (Rev.05/05) Page 1 of 3 rr Section 3. AUTHORITY TO IMPOUND VEHICLES. a) Any vehicle parked or abandoned on any highway within the Town of Danby that hinders or impairs the ability of the personnel of the Town of Danby, or any other governmental agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt response is necessary or desirable, may be removed by the Town of Danby. b) Any vehicle found unattended on any highway within the Town of Danby which constitutes an obstruction to traffic, as determined by the Town Superintendent of Highways, or found any place where stopping, standing or parking is prohibited may be removed by the Town of Danby. Section 4. STORAGE. The Town of Danby may store any vehicle removed pursuant to Section 3 of this local law in any suitable place at the expense of the owner. The vehicle may be redeemed by payment of the fees specified in Section 5 of this local law. Section 5. FEES. The payment of a towing charge not to exceed $125.00 and a storage charge not to exceed $30.00 per day shall be payable by the owner or operator of the vehicle to the company responsible for towing and/or storing such vehicle. Section 6. NOTIFICATION. The Town Highway Superintendent shall notify the Town Clerk without delay of any vehicles so removed and it shall be the duty of the Town Clerk to ascertain, to the extent possible, the name of the owner of the vehicle and to notify the owner of the removal and disposition of such vehicle, and of the amount which will be required to redeem the same. The Town Clerk shall also notify the Tompkins County Sheriff of the removal. Section 7. EFFECTIVE DATE. This local law supersedes and replaces Local Law 1 of 1990 and any prior local laws setting forth the rules and fees related to emergency towing of vehicles in the Town of Danby. This local law shall take effect immediately upon its filing in the Office of the Secretary of State in accordance with the provisions of Section 27 of New York State Municipal Home Rule Law. STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTES-VAZQUEZ GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE August 4, 2008 Kimberly N Rothman Miller Mayer LLP 202 East State Street Suite 700 Ithaca NY 14830 RE: Town of Danby, Local Law No. 1, 2008, filed on July 31, 2008 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US • E-MAIL:INFO @DOS.STATE.NY.US MILLER MAYER, LLP ATTORNEYS AT LAW R.James Miller Kimberly N.Rothman John Moss Hinchcliff 202 East State Street, Suite 700 Nicolai Hinrichsen Elena Salerno Flash Ithaca,New York 14850 Lynn Trudell Rosanne Mayer Telephone:607.273.4200 George R.Pfann,Jr. Fax:607.272.6694 David A.Tyler Of Counsel Web:www.millermayer.com Hilary T.Fraser knr�millermayer.com Stephen Yale-Loehr Laurie M.Johnston Adam R.Schaye Carolyn S.Lee Hayden R.Brainard,Jr. July 29, 2008 Delivered via Certified Mail, Return Receipt Requested Secretary of State of New York Department of State Bureau of State Records 41 State Street Albany, NY 12231 Re: Town of Danby -Local Law 1 of the Year 2008 Dear Sirs and Ladies: Enclosed for filing in your office is the original copy of Town of Danby Local Law No. 1 of the Year 2008 entitled "Emergency Towing of Vehicles." Please forward the receipt for filing of this Local Law directly to the Town Clerk at the following address: Carol W. Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, NY 14850 I have enclosed a prepaid envelope addressed to Carol for this purpose. Please feel free to contact me if you have any questions. I can be reached at (607) 273-4200. Thank you. Sincerely, Kimberly N. Rothman cc: Carol W. Sczepanski (w/enlcs.) H:\7935\004\2008\Emegency Towing Law\ltr to DOS Dept of Records 7-29-08.wpd Page 1 of 4 Subj: RE: Spay/neuter fee Date: 7/29/2008 6:57:23 A.M. Eastern Daylight Time From: knr @millermayer.com To: Danbytownclerk @aol.com CC: danbysup @hotmail.com Hi Carol, Hope that Danby fun days went well and you didn't get rained on! Just to follow up on our conversation last week, I will go ahead and file the local laws with the DOS today. As we discussed, the Town has rarely issued a purebred license, so the additional language in this section doesn't make a lot of practical difference. The Town WILL collect the additional $3 unspay/ unneuter fee per dog (even though the local law doesn't set it out) in compliance with the state law. Also, the Town WILL collect the $5 surcharge for licensing dogs found unregistered during a dog enumeration. This surcharge is sanctioned by state law and since the local law is silent on the matter, reverting to state law on this point will be sufficient. If this issue causes a great deal of controversy at any time in the future, it might be worth amending the local law again to add this language. Please keep a copy of this note in the file for the local law, as a reminder about the additional fees not in the local law and also as a reminder that if the law ever needs to be amended again, these provisions would be good ones to add. (I will do the same with my file here at Miller Mayer.) Thanks, Kim Cc: Ric Dietrich *********************************************************************** Kimberly N. Rothman Miller Mayer LLP 202 East State Street Ithaca, NY 14850 (607) 273-4200 (phone) (607) 272-6694 (fax) www.millermayer.com In accordance with Internal Revenue Service Circular 230,please be aware that any discussion of a federal tax issue contained in this communication (including any attachments)is not intended or written to be used, and it cannot be used, by any recipient for the purpose of(0 avoiding penalties that may be imposed on the recipient under United States federal tax laws,or(ii)promoting,marketing or recommending to another party any tax-related matters addressed herein. This e-mail message and any attachments are confidential may be protected by the attorney-client, work product or other privileges. Ifyou received this message in error,please reply to the message and then delete the message and any copies from your computer, including from your in-box,your sent message folder, and your deleted messages folder. Original Message From: Kim Rothman [mailto:knr©millermayer.com] Sent: Friday, July 25, 2008 11:53 AM To: 'Danbytownclerk @ aol.com' Cc: 'Ric Dietrich' Subject: FW: Spay/neuter fee Hi Carol, I got the local laws, but notice that the dog law does not include the changes that I recommended on June 6, 2008 following my conversation with Ag & Markets (see email message below and attached local law Tuesday, July 29, 2008 America Online: Danbytownclerk Page 2 of 4 with added language highlighted yellow). Please advise as to what you would like me to do: file the local law as enacted or do you want to return it to the Town Board to vote on the revised version (this would require new notification and hearing). Thanks, Kim Cc: Ric Dietrich Kimberly N. Rothman Miller Mayer LLP 202 East State Street Ithaca, NY 14850 (607) 273-4200 (phone) (607) 272-6694 (fax) www.millermayer.com In accordance with Internal Revenue Service Circular 230,please be aware that any discussion of a federal tax issue contained in this communication (including any attachments)is not intended or written to be used,and it cannot be used, by any recipient for the purpose of(i) avoiding penalties that may be imposed on the recipient under United States federal tax laws, or(ii)promoting,marketing or recommending to another party any tax- related matters addressed herein. This e-mail message and any attachments are confidential may be protected by the attorney-client, work product or other privileges. If you received this message in error, please reply to the message and then delete the message and any copies from your computer, including from your in-box, your sent message folder, and your deleted messages folder. Original Message From: Kimberly Rothman [mailto:knr @millermayer.com] Sent: Friday, June 06, 2008 10:24 A M To: 'Danbytownclerk @aol.com' Subject: RE: Spay/neuter fee Hi Carol, I re-reviewed the statue and called Laura Pinto in the Animal Industry Division of the Ag & Markets Department (800/554-4501), she confirmed that the maximum $10 limitation relates to the Town's ADDITIONAL fee, and is on top of the statutory fees and the special unspayed/unneutered fees. The total fee charged by the Town can be greater than $10 (but the MAX that the Town can keep is $10). What this means is that For SPAYED/NEUTERED DOGS: Statutory Fee: $2.50 Maximum Possible Additional Town Fee: $10 (but Town will only charge$9.50 to eliminate the need for quarters) Special Unspayed/Unneutered fee: $0 TOTAL FEE: $12.50 (maximum possible, Town will only charge$12.00, because Additional fee is $9.50) For UNSPAYED/ UNNEUTERED DOGS: Statutory Fee: $7.50 Maximum Possible Additional Town Fee: $10 (but Town will only charge$9.50 to eliminate the need for quarters) Tuesday, July 29, 2008 America Online: Danbytownclerk Page 3 of 4 Special Unspayed/ Unneutered fee: $3 TOTAL FEE: $20.50 (maximum possible, Town will only charge$20.00, because Additional fee is $9.50) Also, I found out that in addition to the fees that I had listed in the Purebred Dog License Section, the owner must pay $3 for each unspayed/unneutered purebred dog, so I added language to Section 4 (c) Also, in speaking with Laura she explained that the Town can charge an additional $5 fee for each dog license issued for a dog identified as"unlicensed" during an enumeration, and this fee can be used to help defray the costs of the enumeration. So, for example, if the Town conducts and enumeration and finds that Bobby and Susie Smith own a dog Spot but don't have a dog license for Spot, then Spot will be classified as "unlicensed" and when Bobby and Susie apply for the dog license they'll have to pay an additional $5 fee. This$5 can help the town pay for the enumeration, and if any funds are left over, the Town can use the fee for something else. I added a new Section 6: ADDITIONAL FEE FOR UNLICENSED DOGS, to the local law to include this provision, since it will likely come up in the Town (and these funds can also help cover the costs of the dog enumeration). Please let me know if you have any questions or concerns, or further revisions are necessary. Thanks, Kim Cc: Ric Dietrich Kimberly N. Rothman Miller Mayer LLP 202 East State Street Ithaca, NY 14850 (607) 273-4200 (phone) (607) 272-6694 (fax) www.millermayer.com In accordance with Internal Revenue Service Circular 230,please be aware that any discussion of a federal tax issue contained in this communication (including any attachments) is not intended or written to be used, and it cannot be used, by any recipient for the purpose of(i)avoiding penalties that may be imposed on the recipient under United States federal tax laws, or(ii)promoting, marketing or recommending to another party any tax-related matters addressed herein. This e-mail message and any attachments are confidential may be protected by the attorney-client, work product or other privileges. If you received this message in error, please reply to the message and then delete the message and any copies from your computer, including from your in-box, your sent message folder, and your deleted messages folder. Original Message From: Danbytownclerk @aol.com [mailto:Danbytownclerk @aol.com] Sent: Thursday, June 05, 2008 11:28 AM To: knr @millermayer.com Subject: Spay/neuter fee Kim: I checked with NYS Ag and Mkts and the maximum license fee can only be a total of $10. Our local fee should be only$7.50. Tuesday, July 29, 2008 America Online: Danbytownclerk f c TOWN OF DANBY �ir,✓1 3- .ADOPTION OF LOCAL �/c/�r f i Y LAW NO.2 OF 2008 � f NOTICE IS HEREBY GIV- f EN, that at a Regular i Meeting held on the 14th s day of July, 2008, the � , Town Board of the Town of Danby duly adopted a ,..4 local law entitled: Fees for `, �`( � I the Licensing of Dogs in 1 W it the Town of Danby. The h purpose of the local law is ,t to set forth the fees for the �(� hem n®,�� 3 Towni a a dogs in. the (f / (/U/ 3 Town of Danby, as f or ih- ed for in Section 110 of n I the New dork State Agri.to (se/ ; culture and Markets Law. �t(/ The local portion of the li- cense fee has been in- i creased and the fee for a V/0 Spayed or Neutered dog /� �1 OC/ I is $12.00 and the fee for Gel / d � an Unspayed or � Unneutered dog . is t $20.00.By Order of the 1 Town Board Carol W. Sczepanski,. Town Clerk Dated: July 16,2008 Publish:July 18,2008 TOWN OF DANBY LAW NO.1 OF 008E NOTICE IS HEREBY GIV- EN, that at a Regular Meeting held on the 14th i day ,of Jul y; 2008, the I Town Board of the Town of Danby duly adopted a local law.entitled: Emer- - gency Towing of Vehicles. ! The purpose of this local law is to authorize, as pro- • vided in Subsection 8 of - Section 1660 of the New I York State Vehicle and ,- 'r Traffic Law,the removal of vehicles parked or aban- doned on highways during , snowstorms; floods, fires or other public emergen- I cies, or found unattended i where they.constitute an obstruction to traffic,as de- . ;ermined by the town Su- perintendent of Highways, or found any place where stopping,standing,or park= • ing is prohibited and sets 1 the charges for towing and storage of vehicle. Charge for towing a vehi- if cle is not to exceed • ':t $125.00 and storage fee e is not to exceed.$30.00 't- per day payable by the 1 owner to the company re- s sponsible for towing `- and/or storing such vehi- 1 cle. By Orr of the Town deBoar Dated: July 16,2008 Publish:July 18,2008 t o .. ■ AFFIDAVIT OF PUBLICATION The Ithaca JOUI1NAL TOWN OF DANBY I. 'LOCAL LAW PUBLICATION PROPOSED / LOCAL LAW ' l PLEASE TAKE NOTICE, State of New York,Tompkins County, ss.: that the Town Board of the Town of Danby will hold a jh', l c tX i c.,(:6-6 being duly sworn, deposes and c public hearing on Mon- day July 14, 2008 at 1830 Danby Road,Ithaca, New York at 6:30 p.m. says that s e/he resides in Ithaca, county and state aforesaid and that to receive comments on a proposed local law enti she/he is Clerk of The Ithaca NG OF EHCL S.TOThe ` 1purpose of this local law is Journal a public newspaper printed and published in Ithaca aforesaid to authorize, as provided in Subsection 8 of Section 1660 of the New York and that a notice of which the annexed is a true copy was published estate Vehicle and Traffic ILaw, the removal of vehi- ;des parked or abandoned in said paper on highways during snow- storms, floods, fires or oth- . --T y 6 i) er public emergencies or . found unattended were • they constitute.an obstruc- tion to traffic, as deter- mined by the Town Super- intendent of Highways, or found any place where l stopping,standing or park- ' and that the first publication of said notice was on the - ingrsprohibited. G All interested persons day of 3�/�''� 3,C OS may respond either in per 4 son or in writing. The Proposed Local Law �LYI�/� 1� I may be viewed at the _ P_ i Town Clerks office during . Subscribed and sworn to before me this 1 day of ; regular By Order niutt ,...) „...„Q___ By Order of the • Town Board ;'Dated: July 3, 2008 Carol W. Sczepanski, .3i Town Clerk 'sc) •'Publish:July 5,2008 OP Notary Public JEAN FORD Notary Public. State of New York ,, No 4654410 Qualified in Tompkins County / Commission Expires May 31, 20 ii o c__ X - m r z ' 0 o m -n --.4 o Z o m co 0 a 0. 1 AFFIDAVIT OF PUBLICATION The Ithaca JOURNAL • State of New York,Tompkins County, ss.: ADOPTION OF VOCAL LAW NO.1 OF 2008 .SJ — ;c1 c• n Card being duly sworn, deposes and NOTICE IS HEREBY GIV- EN, that at a Regular says that she/Tie resides in Ithaca, county and state aforesaid and that Meeting held on the 14th day of July, 2008, the she/he is Clerk of The Ithaca of Da by duly adopted a ,local law entitled: Emer- J ournal a public newspaper rinted and published in Ithaca aforesaid 'genvy Towing of Vehicles. P printed P The purpose of this local —' flaw is to authorize, as Pro- and that a notice of which the annexed is a true copy was published sided in Subsection 8 of (Section 1660 of the New 1York State in said paper !Traffic Law,the removal of 1 l t 8IoF5 vehicles parked y aba idopone on highways s during g • +snowstorms, floods, fires or other public emergen- cies, or found unattended where they constitute 'an , obstruction to traffic,as de- , jermined by the town Su- 1 I_ tperintendent of Highways, 1�`► ''� Fir found any place where and that the first publication of said notice was on the stopping,standing or ark- �lQ ping is prohibited andpsets day of �'J`ki a 008 the charges for towing and !storage of vehicle. ,,11%,akd f� C+ 'Charge for towing a vehi- J—� C. cle is not to exceed $125.00 and storage fee . Subscribed and sworn to before me this c clay of 1p not day payable $30.00 y the per day payable by the• C ----'?5.1„1/4_..Q.J.---,______. ��/� �j owner le the company re V a sponsible for towing and/oi storing such vehi- cle. -By Order of the Town Board i Dated: July 16,2008 ; —G Publish:July 18,2008 . Notary' Public JEAN FORD Notary Public, State of New York , • No.4654410 • Qualified in Tompkins County Commission Expires May 31,20 4 ��ti G 0 o � 0 o Oi- 1, AFFIDAVIT OF PUBLICATION The Ithaca . . State of New York,Tompkins County,ss.: L f U 1'r . i- ThOQ. being duly sworn,deposes and says that she/he resides in Ithaca,county and state aforesaid and that 74:4',al$ tNP# , she/he is Clerk of The Ithaca Town of Danby Public Hearing Notice Journal a public newspaper printed and published in Ithaca aforesaid I PLEASE TAKE NOTICE, that the Town-Board of the and that a notice of which the annexed is a true copy was published Town of Danby'will hold a public hearing on Mon- .in said paper '20y, November 2008 at 1830 Danby D( j 0% Road,Ithaca, New York at t I! 6:30 p.m. to receive comments on a proposed • focal law entitled pEMER- GENCY TOWING OF i VEHICLES. The purpose of this local law is to au- .thorize, as provided in, 'Subsection 8 of Section 1660 of the New York and that the first publication of said notice was on the �3 .State Vehicle and Traffic day of wo--.0\- - co-� law, the removal of vehi- day parked or abandoned on highways during snow- lL/ -_Q jI. Lam/' .1:I ' .storms, floods, fires or oth- (J(�j 1 I er public emergencies or found unattended where ' they constitute an obstruc- Subscribed and sworn to before me this i clay of tion to traffic, as deter- mined by the Town Super- --- 1/ intendent of Highways, or — �V_ found any place where stopping,standing or park-, ing is prohibited. I 411 All interested persons �_ may respond either in per- son or in writing. The Proposed Local Law , <- --.:,Notar1',Public I may. be viewed at the Town Clerks office during regular office hours. :. . JEAN FORD By rOrd Order, Notary Public, State of New York : .Carol W.Sczepanski, ' Dated: No.4654410 p, Town Clerk �. t,i October 23,2008 Qualified in Tompkins County : Publish: ' October 25,2008 Commission Expires May 31, 20 - , i I NOV 12 zoo f I ,;cY 01,0 5 r(/// Adoption of local law No. 3 of 2008 Be it enacted by the Town Board of the Town of Danby the adoption of a Local Law No. 3 OF 2008 entitled: "EMERGENCY TOWING OF UNLAWFULLY PARKED VEHICLES" LOCAL LAW NO. 3 OF 2008 EMERGENCY TOWING OF UNLAWFULLY PARKED VEHICLES Section 1. TITLE This local law shall be entitled "Emergency Towing of Unlawfully Parked Vehicles Section 2 PURPOSE The purpose of this local law is to authorize, as provided in Subsection 8 of Section 1660, of the New York State Vehicle and Traffic Law for the removal of and storage of vehicles parked or abandoned on highways during snowstorms, floods, fires and other public emergencies or found unattended where they constitute an obstruction to traffic as determined by the Town Superintendent of Highways or his designee or any place where stopping, standing,or parking is prohibited and for the payment of reasonable charges for such removal and storage by the owner or operator of such vehicle. Section 3: AREAS AFFECTED This local shall be applicable to all highways within the Town of Danby Section 4:: PARKING VEHICLES It shall be unlawful to park or leave unattended a vehicle within the right of way of any highway located in the Town of Danby which shall mean within 25 feet of the centerline of any highway located within the Town of Danby. The term"vehicle" as used in this local law, shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power. Section 5: AUTHORITY TO REMOVE VEHICLES 1. The Superintendent of Highways of the Town of Danby shall have the power to cause the removal and disposition of any vehicle left unattended for more than twenty-four hours within the right of way of any highway within the Town of Danby or on any public property of the town. 2. The Superintendent of Highways shall have the power to cause the immediate removal from the right of way of any highway within the Town of Danby of any vehicle which obstructs or interferes with the use of such highway for public travel or which obstructs or interferes with the cleaning or removal of snow or ice from such highway or obstructs or interferes with any operator during a public emergency. Section 6:: PENALTIES AND CHARGES 1. Any person who violates Section 4 shall be deemed guilty of a traffic infraction A violation of Section 4 shall constitute a traffic infraction and any person violating same shall be deemed guilty of a traffic obstruction punishable by a fine of not more than $100.00. 2. The owner of any vehicle removed under provision of Section 5 shall be liable for the costs or removal, disposition and storage thereof Section 7 : EFFECTIVE DATE This local law supersedes and replaces Local Law #1 of 2008 and any prior local laws setting forth the rules and fees related to the emergency towing of vehicles in the Town of Danby and shall take effect immediately upon its filing in the Office of the Secretary of State in accordance with provisions of Section 27 of the Municipal Home Rule Law. PROPOSED LOCAL LAW A LOCAL LAW PROVIDING FOR THE REMOVAL AND STORAGE OF VEHICLES PARKED OR ABANDONED ON HIGHWAYS DURING SNOWSTORMS, FLOODS, FIRES OR OTHER PUBLIC EMERGENCIES OR FOUND UNATTENDED WHERE THEY CONSTITUTE AN OBSTRUCTION TO TRAFFIC OR FOUND ANY PLACE WHERE STOPPING, STANDING OR PARKING IS PROHIBITED Section 1. TITLE. This local law shall be entitled "Emergency Towing of Vehicles." Section 2. PURPOSE. The purpose of this local law is to authorize, as provided in Subsection 8 of Section 1660 of the New York State Vehicle and Traffic Law, the removal of vehicles parked or abandoned on highways during snowstorms, floods, fires or other public emergencies, or found unattended where they constitute an obstruction to traffic, as determined by the Town Superintendent of Highways, or found any place where stopping, standing or parking is prohibited. Section 3. AUTHORITY TO IMPOUND VEHICLES. a) Any vehicle parked or abandoned on any highway within the Town of Danby that hinders or impairs the ability of the personnel of the Town of Danby, or any other governmental agency, to respond to a snowstorm, flood, fire or other occurrence to which a prompt response is necessary or desirable, may be removed by the Town of Danby. b) Any vehicle found unattended on any highway within the Town of Danby which constitutes an obstruction to traffic, as determined by the Town Superintendent of Highways, or found any place where stopping, standing or parking is prohibited may be removed by the Town of Danby. Section 4. STORAGE. The Town of Danby may store any vehicle removed pursuant to Section 3 of this local law in any suitable place at the expense of the owner. The vehicle may be redeemed by payment of the fees specified in Section 5 of this local law. Section 5. FEES. The payment of a towing charge not to exceed $125.00 and a storage charge not to exceed $30.00 per day shall be payable by the owner or operator of the vehicle to the company responsible for towing and/or storing such vehicle. Section 6. NOTIFICATION. The Town Highway Superintendent shall notify the Town Clerk without delay of any vehicles so removed and it shall be the duty of the Town Clerk to ascertain, to the extent possible, the name of the owner of the vehicle and to notify the owner of the removal and disposition of such vehicle, and of the amount which will be required to redeem the same. The Town Clerk shall also notify the Tompkins County Sheriff of the removal. Section 7. EFFECTIVE DATE. This local law supersedes and replaces Local Law 1 of 1990 and any prior local laws setting forth the rules and fees related to emergency towing of vehicles in the Town of Danby. This local law shall take effect immediately upon its filing in the Office of the Secretary of State in accordance with the provisions of Section 27 of New York State Municipal Home Rule Law. • PROPOSED LOCAL LAW A LOCAL LAW ESTABLISHING FEES FOR THE LICENSING OF DOGS IN THE TOWN OF DANBY Section 1. TITLE. This local law shall be entitled"Fees for the Licensing of Dogs in the Town of Danby" Section 2. PURPOSE. The purpose of this local law is to set forth the fees for the licensing of dogs in the Town of Danby, as provided for in Section 110 of the New York State Agriculture and Markets Law (hereinafter"Ag &Markets Law"). Section 3. ELEMENTS OF AND REMITTANCE OF FEES. The total fees for the licensing of dogs in the Town of Danby are comprised several parts, as set forth below, which various parts shall be remitted or retained by the Town as set forth below: (a) Statutory Fee. The fees set forth in Subdivisions (1) and (2) of Section 110 of Ag &Markets Law. The applicable portion of this fee shall be remitted to the appropriate county or state official in accordance with Section 111 of Ag &Markets Law. (b) Additional Fee. The fee set forth in Subdivision (4) (a) of Section 110 of Ag & Markets Law. This fee shall be retained by the Town of Danby and shall become the property of the Town upon the collection thereof. (c) Unspayed/Unneutered Fee: The fee set forth in Subdivision (4) (c) of Section 110 of Ag &Markets Law. This fee shall be remitted to the appropriate county or state official in accordance with Section 111 of Ag & Markets Law. Section 4. ANNUAL DOG LICENSE FEES. The annual fees for licensing dogs in the Town of Danby shall be as follows: (a) Fee for Spayed or Neutered Dog. The total annual fee for the licensing of each spayed or neutered dog shall be $12.00 (which total fee shall consist of the following parts: Statutory Fee, $2.50; plus Additional Fee, $9.50; plus Unspayed/Unneutered Fee, $0.00.) (b) Fee for Unspayed or Unneutered Dog. The total annual fee for the licensing of each unspayed or unneutered dog shall be $20.00 (which total fee shall consist of the following parts: Statutory Fee, $7.50; plus Additional Fee, $9.50; plus Unspayed/Unneutered Fee, $3.00.) (c) Fee for Purebred Dog License. The annual dog license fee for each purebred license shall be as follows, and a single purebred license shall cover all of the purebred dogs harbored on the owner's premises for such annual licensing period: i. If no more than 10 registered purebred dogs are harbored on the owner's premises at the time of application the purebred license fee shall be $25.00; ii. If no more than 25 registered purebred dogs are harbored on the owner's premises at the time of application the purebred license fee shall be $50.00; iii. If more than 25 registered purebred dogs are harbored on the owner's premises at the time of application the purebred license fee shall be $100.00 Section 5. USE OF ADDITIONAL FEES. The Additional Fees collected pursuant to this local law shall be used only for expenses associated with controlling dogs and enforcing Article 7 Ag & Markets Law, and any rule, regulation or local law adopted pursuant thereto, including, but not limited to, the following: spaying or neutering of dogs, any facility authorized under Section 117 of the said Article 7, public humane education programs related to responsible dog ownership, and enumeration of dogs in the Town of Danby. Section 6. EFFECTIVE DATE. This local law supersedes and replaces Local Law 1 of 1989 and any prior local laws setting forth dog license fees for the Town of Danby. This local law shall take effect immediately upon filing in the office of the Secretary of State in accordance with the provisions of Section 27 of the New York State Municipal Home Rule Law. 1