[§290-9]  Disposition of derelict vehicle. A derelict vehicle may be immediately disposed of or sold as junk withouthaving to comply with the requirements of section 290-2 and 290-5. [L 1971, c28, pt of §1]

 

Case Notes

 

  Plaintiff asserted that §290-8 and this section wereunconstitutional and that the municipality was subject to liability under 42U.S.C. §1983 on the grounds that an ordinance implemented the sections andtherefore constituted an official policy statement by the municipality; no basisfound for imposing liability on the municipality under 42 U.S.C. §1983.  333 F.Supp. 2d 942.

  Section 290-8 and this section are not faciallyunconstitutional except for condition (6) set forth in §290-8, which allows forthe immediate disposition, without notice, of derelict cars older than tenyears and unconstitutionally violates the requirements of due process. 333 F.Supp. 2d 942.