By-law 4: Power to remove and detain vehicles
(1) Where a vehicle is parked on any common property or in any open space in contravention of any by-law, the secretary may in his discretion and by himself or by an officer authorised by the Town Council (referred to in this by-law as the authorised officer) –
a) remove the vehicle to a place of safety or any other place and detain the vehicle thereat; or
b) prevent the removal of the vehicle without his consent by fixing an immobilisation device to the vehicle.
(2) Where the secretary or the authorised officer has removed any vehicle to a place of safety or any other place under paragraph (1)(a) or fixed an immobilisation device to the vehicle under paragraph (1)(b), the secretary or the authorised officer shall, with reasonable despatch, give notice in writing to the owner of the vehicle as to the procedure by which he may secure the release of the vehicle.
(3) The notice referred to in paragraph (2) shall be served on the owner of the vehicle –
a) by post where the vehicle has been removed to a place of safety or any other place under paragraph (1)(a); or
b) by affixing the notice onto the windscreen or any conspicuous part of the vehicle where an immobilisation device has been fixed to the vehicle under paragraph (1)(b).
(4) No vehicle which has been removed and detained by the secretary or the authorised officer or to which an immobilisation device has been fixed in accordance with this by-law shall be released to the owner of the vehicle except –
a) by or under the direction of the secretary or the authorised officer; and
b) upon the owner of the vehicle having paid all expenses incurred by the Town Council in the removal and detention, and all fines and composition sums payable by the owner for any offence under these By-laws in respect of that vehicle.
(5) Any person who, without the authority of the secretary or the authorised officer, removes or tampers with any notice affixed to a vehicle under paragraph (3)(b) shall be guilty of an offence.
(6) Any person who, without being authorised to do so in accordance with this by-law, removes or attempts to remove –
a) any vehicle from any place at which it is being detained under this by-law; or
b) an immobilisation device fixed to a vehicle in accordance with this by-law, shall be guilty of an offence.
(7) Where any vehicle which has been removed and detained by the secretary or the authorised officer or to which an immobilisation device has been fixed in accordance with this by law is not claimed by the owner within one month after the date of receipt of any notice given under paragraph (2), the secretary may, after giving one month’s notice in the Gazette of his intention to do so, sell the vehicle by public auction or otherwise dispose of the vehicle in any manner as he thinks fit.
(8) The proceeds of the sale or disposal of any such vehicle shall be applied –
a) firstly, in payment of any expenses incurred in carrying out the provisions of this by-law; and
b) thereafter in payment of all fines and composition sums payable under these By-laws in respect of that vehicle, and the surplus, if any, shall be paid to the owner of the vehicle.
(9) In this by-law, “immobilisation device” means any device or appliance designed or adapted to be fixed to any part of a vehicle for the purpose of preventing the vehicle from being driven or otherwise put in motion, being a device or an appliance of such type approved by the secretary or an officer authorised by the Town Council in that behalf.