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HomeMy WebLinkAbout#1 of 2009 Emergency Towing of Vehicles 1 '1� I 9FF IICIAL q_ OAK STATE DEPARTMENT OF STATE o 41 STATE STREET Q 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 ap (J le Town ❑ Village Local Law No. of the year 20 1)7 Alocallaw EMERGENCY TOWING OF UNLAWFULLY P (Insert Title) Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of THE TOWN OF DANBY as follows: Town ❑ Village (Delete this line of text and enter text of local law here) LOCAL LAW NO. 1 OF 2009 • 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 (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 vehicle. Section 3: AREAS AFFECTED This local law 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 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 of 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. Adopted by the Danby Town Board On January 12, 2009 (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. I of 20 O7 of the (County)(City)(Town)(Village)of DAN R Y was duly passed by the TOWN BOARD on January'12 20 09 ,in accordance with the applicable (Name of Legislative Body) 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 ® Q 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 adopted in the manner indicated in paragraph above. Clerk of she county legislative 01,City,Town or Village Clerk or officer designated b ocal legislative body (Seal) \ Date: Q./ILLQ/ . a o d 9 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Tompkins 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. (•• ,/,,••• d22"4"- f Signature Title County Cityof �at1h1 Town) Village Date: 31.I oo( • Dos-239 (Rev.05/05) Page 3 of 3 rtll:/ ayat'S 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 March 10, 2009 MAR 7 ? Kimberly N Rothman T Miller Mayer LLP Oty ,G 202 East State Street Suite 700 Ithaca NY 14850 RE: Town of Danby, Local Law No. 1, 2009, filed on March 5, 2009 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 Copy 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 Rosanne Mayer Telephone:607.273.4200 George R.Pfann,Jr. David A.Tyler Fax:607.272.6694 Of Counsel Hilary T.Fraser Web:www.millermayer.com Stephen Yale-Loehr Laurie M.Johnston knr(millermayer.com Adam R.Schaye Carolyn S.Lee Hayden R.Brainard,Jr. March 3, 2009 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 2009 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 2009 entitled "Emergency Towing of Unlawfully Parked 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 imberly N. Rothman cc: Carol W. Sczepanski (w/enlcs.) H:\7935\004\2008\Emegency Towing Law\ltr to DOS Dept of Records 3-2-09+.wpd AFFIDAVIT OF PUBLICATION The Ithaca JOURNAL RECEIVED DEC 2 9 2008 State of New York, Tompkins County, ss: TOWN OF DFiNBY Jacquelyn C. Curry being duly sworn, deposes and states aforesaid that she/he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid and that a notice of which the annexed is a true copy was published in said paper: 12/19/2008 ' /Ag 6A/V18— Subscribed and sworn to before me t'0 19th day of December, 2008 •�.�4./4..!9 A Notary 'ublic TOWN OF DANBY GERALD D.GAFtFt8ON LEGAL NOTICE � Nota Public,State 01 New YorIk, PLEASE TAKE NOTICE, that the Town Board of the No.O1GA47587t3 'Town,of Denby will hold a Piesidng in Broome County 'public hearing on Mon- 'osRttnt80fon gmplrga May 31,20 "\, ;day, December 29, 2008 at 1830 Danby Road, Ithaca, New York at I 6:30 p.m. to receive comments on a proposed, local law entitled EMER- GENCY TOWING OF 'UNLAWFULLY'PARKED VEHICLES. The purpose of this local law is to au- thorize, as provided in Subsection. 8 of Section 1660 of the New York 'State Vehicle and Traffic Law, the removal of vehi- cles parked or abandoned on highways during snow- ;storms, floods,fires or oth- t er-public emergencies or found unattended where 'they constitute an'obstruc- tion, to traffic, as' deter- mined by the Town Super- intendent of Highways; or -four-Td—any place where stopping,standing or park- ing is prohibited. , All interested persons I may respond either in per- son or in writing. . The Proposed Local Law may be viewed at the Town Clerks office during .regular office hours: '• By Order of the Town Board `. l'Carol W. Sczepanski, (Town Clerk . 'Dated: iDecember 17,2008 Publish: , December 19,2008 � NEW YORK STATE DEPARTMENT OF STATE \y 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. a County ❑ City of Jx# Town ❑ Village Local Law No. of the year 20 1)7 A local law EMERGENCY TOWING OF UNLAWFIJLL • - - (Insert Title) Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of THE TOWN OF DANBY as follows: Town ❑ Village (Delete this line of text and enter text of local law here) LOCAL LAW NO. 1 OF 2009 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 (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 9 vehicle. Section 3: AREAS AFFECTED This local law 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. 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, an was finally adopted in the manner indicated in paragraph above. i✓a2r�C/ Clerk of( i / > ) county legislative b d/City,Town or Village Clerk or officer designated b cal legislative body (Seal) Date: ginLCQ/"y a o d y (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Tompkins 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. Signature Title County C ityof Town Village Date: DOS-239 (Rev.05/05) Page 3 of 3 (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 20 O— of the(County)(City)(Town)(Village)of DAN BY was duly passed by the TOWN BOARD on January''112 20 09 ,in accordance with the applicable (Name of Legislative Body) 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.05105) Page 2 of 3 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. • a County ❑ City of .P Town ❑ Village Local Law No. l of the year 20 0? A local law u _ _ • _ . • • (Insert Title) Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of THE TOWN OF DANBY as follows: Town ❑ Village (Delete this line of text and enter text of local law here) LOCAL LAW NO. 1 OF 2009 • 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 (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 f , vehicle. Section 3: AREAS AFFECTED This local law 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 tenn "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. (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 20 __ _ of the (County)(City)(Town)(Village)of DANRY was duly passed by the TOWN BOARD on January``1220 09 ,inaccordancewiththeapplicable (Name of Legislative Body) 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 lawCart and was finally adopted in the manner indicated in paragraph above. /. } Q Clerk of unty legislative d/,City,Town or Village Clerk or officer designated b ocal legislative body (Seal) Date: ,g/N1 1/'y a o d 9 (l (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Tompkins 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. Signature Title County Cityof Town Village Date: DOS-239 (Rev.05/05) Page 3 of 3 TOMP.KINS:i.., ,,i,:,:,,,.,:.:,:i::.1.::::i : COUNTY T N OF DANBY - TOMPKINS COUNTY 5 Vr TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 TO: Town Supervisor, Fredric Dietrich Attorney Kimberly Rothman Councilpersons: Beavers, Connors, Klein, Salino DATE: October 22, 2008 RE: Proposed Local Law No. 3 of 2008 The enclosed is a copy of the Proposed Local No. 3 of,2008 entitled : "Emergency Towing of Vehicles". The Public Hearing was scheduled for November 3, 2008 at 6 :25 p.m. Legal Advertisement will be published and posted on October 25, 2008 (advertised in the Ithaca Journal legals) . 01(1 ::::) Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk@aol.com 9 Legals144, 1bso� frier Town of SO Public Hearin 9 anby Notice Ptins PLEASE TAKE NOTICE Town,hof D Town Board of the ik f public hearing on will hold November 3 ict R208lthaca,l N York at Ys 6:30, 1e comments am' top'receive ct& cS o of this local law purpose thorize, is to au- as P rov'ded in { 7660 of the New ection State Vehicle York law, the removal cies parked or abandoned stormslo highways during snow- ,fou ublicood5, fires encies oah- emerg the unattended Where Y constitute an obstruc- tion to traffic as deter- mine by the Town Su P er- ■ found ent of Highways or stopping stand standing or where ing is prohibited: park- All interested persons. oa orespond either in per- ma he Proposed.Local Law Town be viewed at the Clerks ffice office during regular office hours. BY Order of the Town Board Carol W.SczePk nski, Tow Dated: October 23,2 Publish: DOB October 25 2008 i a `TOMPKINS COUNTY T N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 NOTICE OF POSTING PROPOSED LOCAL LAW NO. 3 OF THE TOWN OF DANBY ENTITLED "EMERGENCY TOWING OF VEHICLES". I Carol W. Sczepanski, Town of Danby Town Clerk, being duly sworn, deposes and says : That on October 23, 2008 which day is no later than five (5) days prior to the date of the hearing, she posted notice of public hearing, which is attached hereto.' i OdAJO-J" 0./ • / Carol W. Sczepand id Town Clerk Towns of Danby b 3 4 16\ 3 Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbvtownclk @aol.com 3 Town Board Minutes Public Hearing Emergency Towing of Vehicles Section 4:: PARKING VEHICLES It shall be unlawful to park or leave unattended a vehicle 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, expect 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. n ) ( +or I Section 6:: PENALTIES AND CHARGES Li 1. p/ '1. A violation of Section 4 shall constitute a traf iinfrlaction and any person violating same shall be deemed guilty of a traffic obstruction punishable by a fine of not more than $100.00 or by imprisonment for not more than 15 days or by both such fine and imprisonment. Jo. f jt., OJ 6-5 2. The owner of any vehicle removed under provision of Section 5 shall be liable for the costs or �� removal, disposition and storage thereof. �G/ 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. PUBLIC HEARING NO. 2 - PRELIMINARY BUDGET FOR FISCAL YEAR 2009 Public Hearing Declared Open at 6:40 p.m. Supervisor Dietrich declared the public hearing open at 6:40 p.m. and the "Notice of Publication" was read. NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Danby Preliminary Budget for the Fiscal Year 2009 has been completed and filed in the Office of the Town Clerk at 1830 Danby Road, Town of Danby County of Tompkins, Ithaca, New York where it is available for { TOMPKINS C0UN.TYF A14 T N OF DANBY - TOMPKINS COUNTY r TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 NOTICE rOF'POSTI NG' PROPOSED LOCAL LAW NO. 3 OF THE TOWN OF DANBY ENTITLED "EMERGENCY TOWING OF VEHICLES". I Carol W. Sczepanski, Town of Danby Town Clerk, being duly sworn, deposes and says: That on October 23, 2008 which day is no later than five (5) days prior to the date of the hearing, she posted notice of public hearing, which is attached hereto. 11. - Oa'AdO-J2 Carol W. Sczepand 1 Town Clerk Tow.n: of Danby 16\ 3\ Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com , • C py 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 Town ❑ Village Local Law No. 3 of the year 20 08 A local law FMFRGFNCY TOWING OF VFHICLFS (Insert Title) Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of DANBY as follows: Town ❑ Village 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 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 VE.HICLE..S DOS-239 (Rev.05/05) Page 1 of 3 It shall be unlawful to park or leave unattended a vehicle 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, expect 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. 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 or by imprisonment for not more than 15 days or by both such fine and inprisonment. 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.