§ 28-34. Snow emergency parking.

(a)

Declaration of emergency. The town chairman or, in his absence, any town supervisor, the highway superintendent or fire chief may declare a state of snow emergency in the town or any part thereof during the period of a severe snowstorm or immediately thereafter, whenever traffic is impeded by reason of such snowfall and emergency vehicles may be delayed by snowfall or other emergency winter condition, endangering public safety and welfare.

(b)

Duration of emergency. Such emergency shall exist and continue to be in effect so long as the flow of traffic remains impeded by the snow and the operation of emergency vehicles is affected thereby, or is likely to be affected thereby, upon the streets, alleys or parking lots of the town.

(c)

Notice of emergency. The official declaring snow emergencies in the town shall proclaim the state of emergency to the press, radio, television or any other public means of communication and may designate and direct police, fire and snow removal personnel to inform the citizenry of the existence of the emergency.

(d)

Parking prohibited during emergency. No person shall park any vehicle on a street, alley or public parking lot during the period of any snow emergency or immediately thereafter, until such street, alley or public parking lot has been cleared of snow.

(e)

Negligent parking. The parking or stopping of any vehicle upon any uncleared street, alley or parking lot, either during a severe snowstorm, immediately thereafter or during a state of declared snow emergency in such a manner as to interfere with snow removal equipment, shall constitute negligence in the operation of the vehicle.

(f)

Removal of vehicles in violation. The highway superintendent, fire chief or any member of the town board may remove or cause to be removed any vehicle which is or may be interfering with the operation of snow removal equipment or any snow emergency vehicle. The offending vehicle may be removed to a location designated by the town official causing removal. The town may charge the cost of removing such vehicle to the owner or operator of the vehicle before its release. Any damage done to a vehicle while in violation of this section shall be the responsibility of the owner of the vehicle.

(g)

Penalties. Any person who shall violate any of the provisions of this section shall be subject to the penalties contained in article III of this chapter, but shall, upon conviction thereof, forfeit not less than $50.00 or more than $200.00, together with all costs of prosecution, including the costs of removal of the vehicle from the street, alley or parking lot.

(Code 1981, § 7.07)