Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Parks and park facilities — See Ch. 643.
Vehicle sales — See Ch. 814.
Vehicles and traffic — See Ch. 818.
Attachment 1 - Uncodified Local Law Provisions
[Adopted 11-24-1998 by L.L. No. 29-1998 (Ch. 469, Art. I, of the 1985 Code)]

§ 822-1 Legislative intent.

A. 
This Legislature finds that since the repeal of Local Law No. 23-1985 in 1990, the number of incidents involving the illegal operations of ATVs in Suffolk County has steadily increased despite the enactment of New York State Vehicle and Traffic Law Article 48-C, Rules for Operation of All-Terrain Vehicles.
B. 
This Legislature further finds that the unrestricted use of ATVs continues to result in a high incidence of serious physical injuries, to both operators of ATVs and users as well as to officers enforcing the law. The impact of such injuries extends beyond the person injured to the public at large, through the economic impact to the County of furnishing medical, emergency, rehabilitative or welfare aid and assistance to those injured.
C. 
This Legislature further finds that the unrestricted use of ATVs also results in severe economic damage, including but not limited to native habitat destruction and fragmentation, soil compaction and erosion, which require extensive and costly restoration, as well as the related noise pollution to surrounding neighborhoods through ATV operation and general nuisance to the public at large and County park patrons in particular.
D. 
This Legislature further finds that to safeguard the damages caused by the increasing illegal use of ATVs, impoundment and the collection of redemption fees have acted as a deterrent to such use. Specifically, this Legislature notes that there was a reduction in second offenses when impoundment and redemption were previously authorized.
E. 
This Legislature further finds that Suffolk County is unique in that it owns more park and conservation land than any other county in the State of New York. Therefore, to protect its substantial investment in public property and to safeguard the property of its citizens in the County, additional restrictions are required to be placed on the use of ATVs in Suffolk County which are not found in the pertinent New York State Vehicle and Traffic Law.
F. 
Therefore, the purpose of this article is to ensure public safety, environmental protection and the general welfare of Suffolk County and its citizens by restricting the use of ATVs off public highways without obtaining the prior written consent of the property owner to operate such vehicles on such property and by empowering law enforcers to impound said vehicles.

§ 822-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE or ATV
Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or for off-highway competitions and only incidentally operated on public highways, provided that such vehicle does not exceed 70 inches in width or 1,000 pounds of dry weight, as defined in the New York Vehicle and Traffic Law. ATVs shall not include agricultural vehicles nor any vehicles used for law enforcement, fire, emergency or military purposes.
[Amended 8-31-2000 by L.L. No. 18-2000]
CRIME
A second conviction for a violation of § 822-3A or B of this article within five years of a previous conviction of a violation of § 822-3A or B.
[Added 11-19-2002 by L.L. No. 27-2002; amended 12-6-2016 by L.L. No. 38-2016]
INSTRUMENTALITY OF A CRIME
Any property, the use of which contributed directly and materially to the commission of a crime.
[Added 11-19-2002 by L.L. No. 27-2002]
OPERATE
To ride in or on, other than as a passenger, or use or control the operation of an ATV in any manner, whether or not said ATV is under way.
OPERATOR
Every person who operates or is in actual physical control of an ATV.
PERSON
An individual, and shall not include a police officer, peace officer or member of the United States Armed Forces acting within the scope of his public employment or duties.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public driveway or any other public way.
SELL
To sell, exchange, give or dispose of to another, or to offer to agree to do the same for good and valuable consideration.
[Added 8-31-2000 by L.L. No. 18-2000]

§ 822-3 Limitations on use.

[Amended 8-31-2000 by L.L. No. 18-2000]
A. 
Public property. No person shall operate an ATV off a public highway on public property in the County of Suffolk.
B. 
Private property. No person shall operate an ATV off a public highway on private property in the County of Suffolk unless he has first obtained the express written consent of the property owner to operate the ATV on the property. There shall be a rebuttable presumption that the operator of an ATV off a public highway on private property in Suffolk County lacks the consent to operate the ATV if the operator cannot produce written consent from the property owner.

§ 822-4 Notification requirements.

[Amended 8-31-2000 by L.L. No. 18-2000]
Any business organization, including but not limited to any individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association or other entity of any kind, which sells or offers for sale an ATV to any person within the County of Suffolk for compensation shall disclose, in writing, the restrictions set forth in Subsections A and B of this section by conspicuously posting a statement of these restrictions at each point of sale (all capital letters not less than two inches in height on a contrasting background). The purchaser shall also be provided with a written copy of this statement by the seller at the conclusion of the purchase of the ATV. This statement shall read as follows:
IT IS UNLAWFUL TO OPERATE AN ATV OFF A PUBLIC HIGHWAY ON PUBLIC PROPERTY IN SUFFOLK COUNTY. WRITTEN CONSENT OF THE PROPERTY OWNER IS REQUIRED IF AN ATV IS USED ON PRIVATE PROPERTY.

§ 822-5 Penalties for offenses; enforcement.

[Amended 8-31-2000 by L.L. No. 18-2000; 11-19-2002 by L.L. No. 27-2002]
A. 
A conviction of a violation of § 822-3A or B shall be deemed a criminal violation. The first conviction for a violation of § 822-3A or B shall be punishable by a minimum fine of $250, with a maximum fine of $500.
B. 
A second conviction for a violation of § 822-3A or B after having been convicted of a violation of § 822-3A or B within the last five years shall be punishable by a minimum fine of $750, with a maximum fine of $1,500.
C. 
A third conviction for a violation of § 822-3A or B after having been twice convicted of a violation of either § 822-3A or B within the last five years shall constitute an unclassified misdemeanor and shall be punishable by a fine of $5,000 and/or a term of imprisonment not to exceed 16 days.
D. 
Wilful failure to comply with § 822-4 of this article shall constitute a violation punishable by a civil fine of $500 for each violation. Each day or part of a day on which a violation continues shall constitute a separate violation. Section 822-4 of this article shall be enforced by the Suffolk County Office of Consumer Affairs.
E. 
The parent or legal guardian, other than a state or local social services department foster parent having custody, of any unemancipated person under the age of 18 years of age found guilty of a violation of this article shall be responsible for the payment of the fine imposed by a court of competent jurisdiction for such violation. In no event shall it be a defense that the parent or legal guardian has exercised due diligent supervision over the activities of the person under the age of 18 years of age.
F. 
The parent or legal guardian, other than a state or local social services department foster parent having custody, of any unemancipated person under the age of 18 years of age found guilty of a violation of this article shall be responsible for restitution for any damage caused to real property or improvements located thereon owned and/or operated by the County of Suffolk. In no event shall it be a defense that the parent or legal guardian has exercised due diligent supervision over the activities of the person under the age of 18 years of age.

§ 822-6 Impoundment, redemption and forfeiture.

[Amended 8-31-2000 by L.L. No. 18-2000; 11-19-2002 by L.L. No. 27-2002]
A. 
In addition to the penalties set forth in § 822-5 of this article, a police officer or peace officer may immediately impound an ATV operated in violation of Subsections A and B of § 822-3 of this article. Such impounded ATV shall be stored by the pertinent police department or enforcement agency pending the identification of the owner as registered with the New York State Department of Motor Vehicles. Such titled owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. The law enforcement agency shall not be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the ATV utilized in violation of this article may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $500. Such impounded ATV may only be released to the owner of the ATV or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney.
B. 
Any ATV used in violation of Subsection C of § 822-5 of this article shall be subject to seizure by any peace officer or police officer acting pursuant to his or her special duties, upon probable cause to believe that a crime, as defined in § 822-5C, has been committed, and may be forfeited as hereafter provided. If the ATV is not forfeited, the owner may redeem the vehicle only upon payment of a redemption fee of $3,000. Failure to commence a forfeiture action within 120 days after the seizure shall result in the immediate return of the ATV to its lawful owner as of the time of the seizure.
(1) 
A civil action shall be commenced by the County Attorney, or his or her designees, against a criminal defendant to forfeit a seized ATV which is used as the instrumentality of a crime if it can be demonstrated that the ATV was seized in connection with the criminal action of an individual who has been twice convicted of a violation of either § 822-3A or B within the previous five years, except that no ATV shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than the owner while the subject property was unlawfully in the possession of a person other than the owner.
(2) 
A civil action may also be commenced against a noncriminal defendant to forfeit an ATV used as the instrumentality of a crime subject to the same exceptions contained in Subsections A and B of this section.
(3) 
All actions commenced under this article shall be governed by the procedures enumerated in Article 13-A of the New York Civil Practice Law and Rules, where not specifically outlined herein.
(4) 
The seizing agency shall send notification of the seizure to all titled owners, registrants and lien holders on file with the New York State Department of Motor Vehicles at the address on file with the New York State Department of Motor Vehicles by certified mail, return receipt requested, within five business days after the seizure. Such notification shall inform the recipient that there is a right to an administrative preliminary hearing to determine whether probable cause exists to believe that the property was used as the instrumentality of a crime, and that any person or entity claiming an interest in the property may request a hearing within 15 days of the seizure. When desired, the request must be made in writing, by certified mail, return receipt requested, to the seizing agency at the address contained in the notification. The seizing agency shall schedule the hearing within 10 business days after the request is received or as soon as practicable thereafter.
(5) 
When an administrative preliminary hearing is held, the administrative hearing officer shall review the documents supporting the seizure and any other relevant documents and take any testimony to determine whether there is probable cause to believe that the property was used, was attempted to be used, or was intended to be used as the instrumentality of a crime, If probable cause is established by the claimant, the hearing officer shall authorize the seizure and continued retention of the property by the seizing agency pending a judicial determination of the ancillary civil forfeiture action. The administrative hearing officer shall render a ruling within five business days after such hearing, with a copy of such ruling to be provided to all parties.
(6) 
No ATV shall be forfeited under this article to the extent of the interest of an owner or lien holder by reason of any act or omission established by that owner or lien holder to have been committed without the knowledge of that owner or lien holder or without the consent of that owner or lien holder. The owner or lien holder must have taken all prudent steps to prevent the illegal use of his or her property. Willful disregard by the owner or lien holder of the acts giving rise to forfeiture shall not constitute a defense to such forfeiture.
(7) 
Any action to forfeit a seized ATV under this article shall be commenced within 120 days after the seizure, and said action shall be civil, remedial in nature, and shall not be deemed to be a penalty or criminal forfeiture for any purpose. An action under this article shall not be deemed a criminal proceeding of any type. The action shall be commenced in the manner prescribed by the New York Civil Practice Law and Rules. Potential claimants to the seized asset shall be served with a summons and notice or summons and verified complaint. No ATV shall be forfeited without service of notice upon potential claimants to the seized ATV and the opportunity for a hearing given prior to such forfeiture.
(8) 
In order to establish its case in any action commenced under this article, the County shall demonstrate, by clear and convincing evidence, that the ATV in question is subject to forfeiture at the time of commission of the crime which precipitated the seizure or the commencement of an action for the seizure of the property without regard to the final determination of any criminal actions brought against the individual for such crime. The owner or lien holder of the ATV shall then have the burden of proving a lack of knowledge or lack of consent on behalf of said owner or lien holder sufficient to constitute a defense to such forfeiture.
(9) 
All ATVs seized pursuant to this article shall be subject to reasonable and customary towing and daily storage fees. Such fees shall be payable to the seizing agent prior to the release of said property.

§ 822-7 Disposition of forfeited ATVs.

[Added 11-19-2002 by L.L. No. 27-2002; amended 12-6-2016 by L.L. No. 38-2016]
Whenever ATVs are forfeited under this article, the County Attorney, or his or her respective designee, may transfer the ATV to any County agency, department, or other political subdivision which demonstrates a public safety need for the ATV so that the ATV may be put into official use by that agency, department, or other political subdivision. Any ATV that is not transferred pursuant to the provisions of this section shall be destroyed.

§ 822-7.1 Sale restrictions.

[Added 9-9-2011 by L.L. No. 43-2011]
A. 
No person who has forfeited an ATV pursuant to § 822-6 shall be eligible to purchase any ATV from the County of Suffolk.
B. 
No person who has had an ATV impounded or seized pursuant to § 822-6 shall be eligible to purchase any ATV from the County of Suffolk until he or she has redeemed his or her ATV in accordance with same.

§ 822-8 Discretionary action.

[Added 11-19-2002 by L.L. No. 27-2002]
A. 
Nothing contained in this article shall require the County Attorney, or his or her respective designee, to commence a forfeiture action when, in his or her discretion, it is in the interests of justice not to commence such an action.
B. 
Nothing contained in this article shall require a court to order a forfeiture when it determines, in its discretion, that it is in the interests of justice not to do so.
C. 
Any property so impounded after seizure shall remain in the custody of the seizing law enforcement agency, except pursuant to a certificate which orders the release of the property in the interests of justice or a showing of legal impediment and subject to the post-seizure retention hearing authorized under § 822-6B(8) of this article. In order to obtain such a certificate, a party alleging a legal interest in the property so seized may commence a special proceeding, in the court in which the forfeiture action may be commenced, requesting the issuance of such a certificate on notice to Suffolk County or by filing an appropriate motion after Suffolk County has commenced an action to forfeit the property. In either event, it shall be the obligation of Suffolk County to provide the notice of the proceeding to any other parties known to Suffolk County at the time of the proceeding to have a legal interest in the property. The court shall render a ruling in such special proceeding or motion within five business days after such filing or hearing, whichever event occurs last.
[Adopted 3-22-2011 by L.L. No. 33-2011]

§ 822-9 Legislative intent.

A. 
This Legislature hereby finds and determines that Suffolk County has an extraordinary amount of public property that has been preserved for park and environmental uses by the state, County and local governments. This Legislature also finds and determines that, in the 1990s, all-terrain vehicles became a common hobby in Suffolk County, with many people taking these vehicles off-road through public and private property. This Legislature further finds and determines that in the late 1990s and early part of this decade, Suffolk County passed laws regulating the use of all-terrain vehicles on public and private property in an effort to protect these lands. This Legislature finds that protected areas of the Pine Barrens have recently sustained damaged from four-wheel-drive passenger vehicles and motorcycles driving off-road throughout the area. This Legislature determines that these vehicles disturb soil, uncover underground power lines, and otherwise damage environmentally sensitive properties. This Legislature also finds that Suffolk County should regulate the off-road use of four-wheel-drive vehicles and motorcycles to protect the public safety, environment, and general welfare of the County and its residents.
B. 
Therefore, the purpose of this article is to regulate the use of four-wheel-drive vehicles and motorcycles off public highways, prohibiting their use on public property and requiring written consent of private property owners prior to operating such vehicles off-road.

§ 822-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:
CRIME
A third conviction for a violation of this article after having been twice convicted of such violations within the previous five years.
FOUR-WHEEL-DRIVE VEHICLE
Any motor vehicle, as defined in § 125 of the New York State Vehicle and Traffic Law, which has four-wheel or all-wheel driving technology and is designed to be used both on and off public highways. This term shall not include any tractors, farm equipment or any vehicles used for law enforcement, fire, emergency or military purposes.
MOTORCYCLE
Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. This term shall not include tractors.
OPERATE
To ride in, use or control the operation of a four-wheel-drive vehicle.
OPERATOR
Any person who operates or is in physical control of a four-wheel-drive vehicle.
PERSON
A natural individual. This term shall not include a police officer, peace officer or member of the United States Armed Forces acting within the scope of his or her public employment or duties.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public driveway or any other public way.
SELL
To sell, exchange, give or dispose of to another, or to offer to agree to do the same for good and valuable consideration.

§ 822-11 Limitations on use.

A. 
Public property. No person shall operate a four-wheel-drive vehicle or motorcycle off a public highway on public property in the County of Suffolk. This restriction shall not apply to persons who have a valid permit from the appropriate jurisdiction to engage in off-road driving.
B. 
Private property. No person shall operate a four-wheel-drive vehicle or motorcycle off a public highway on private property in the County of Suffolk unless he or she has first obtained the express written consent of the property owner to operate the vehicle on the property. There shall be a rebuttable presumption that the operator of a four-wheel-drive vehicle or motorcycle off a public highway on private property in Suffolk County lacks the consent to operate the vehicle if the operator cannot produce written consent from the property owner.

§ 822-12 Penalties for offenses; liability for violations by minors.

A. 
A violation of § 822-11A or B of this article shall be a criminal violation, the first conviction for which shall be punishable by a fine no less than $250 nor greater than $500. A second conviction within five years of an initial violation shall be punishable by a fine not less than $750 nor greater than $1,500.
B. 
Any third or subsequent violations of this article within a five-year period shall constitute an unclassified misdemeanor and shall be punishable by a fine of up to $5,000 and/or up to one year's imprisonment.
C. 
The parent or legal guardian, other than a state or legal Social Services Department foster parent having custody, of any unemancipated person under the age of 18 years found guilty of a violation of this article shall be responsible for the payment of the fine imposed by a court of competent jurisdiction for such violation. In no event shall it be a defense that the parent or legal guardian has exercised due diligent supervision over the activities of the person under the age of 18 years.
D. 
The parent or legal guardian, other than a state or legal Social Services Department foster parent having custody, of any unemancipated person under the age of 18 found guilty of a violation of this article shall be responsible for restitution for any damage caused to real property or improvements located thereon owned and/or operated by the County of Suffolk. In no event shall it be a defense that the parent or legal guardian has exercised due diligent supervision over the activities of the person under the age of 18 years.

§ 822-13 Impoundment, redemption, and forfeiture.

A. 
Impoundment; redemption. In addition to the penalties set forth in § 822-12 of this article, a police officer or peace officer may immediately impound a four-wheel-drive vehicle or motorcycle operated in violation of § 822-11A of this article. Such impounded vehicle shall be stored by the pertinent police department or enforcement agency pending identification of the owner as registered with the New York State Department of Motor Vehicles. Such titled owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. The law enforcement agency shall not be responsible for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the vehicle utilized in violation of this article may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $500. Such impounded vehicle may only be released to the owner of the vehicle or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney.
B. 
Any four-wheel-drive vehicle or motorcycle operated in violation of § 822-11B of this article shall be subject to seizure by any peace officer or police officer acting pursuant to his or her special duties, upon probable cause to believe that a crime, as defined in § 822-11B, has been committed, and may be forfeited as hereafter provided. If the ATV is not forfeited, the owner may redeem the vehicle only upon payment of all costs incurred for towing, storage and maintenance. Failure to commence a forfeiture action within 120 days after the seizure shall result in the immediate return of the ATV to its lawful owner as of the time of the seizure.
(1) 
A civil action shall be commenced by the County Attorney, or his or her designee, against a criminal defendant to forfeit a seized four-wheel-drive vehicle or motorcycle if it can be demonstrated that the vehicle was seized in connection with the violation of this article by an individual who has been twice convicted of violating this article within the previous five years, except that no vehicle shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than the owner while the subject property was unlawfully in the possession of a person other than the owner.
(2) 
A civil action may also be commenced against a noncriminal defendant to forfeit a four-wheel-drive vehicle or motorcycle used in the violation of this article subject to the same exceptions contained in Subsections A and B of this section.
(3) 
All actions commenced under this article shall be governed by the procedures enumerated in Article 13-A of the New York Civil Practice Law and Rules, where not specifically outlined herein.
(4) 
The seizing agency shall send notification of the seizure to all titled owners, registrants and lien holders on file with the Department of Motor Vehicles by certified mail, return receipt requested, within five business days after the seizure. Such notification shall inform the recipient that there will be a hearing promptly scheduled before a neutral magistrate to determine whether probable cause existed for the seizure, whether the County is likely to succeed on the merits of the forfeiture action, and whether retention is necessary to preserve the vehicle from destruction or sale during the pendency of the forfeiture proceeding.
(5) 
When an administrative preliminary hearing is held, the administrative hearing officer shall review the documents supporting the seizure and any other relevant documents and take any testimony to determine whether there is probable cause to believe that the property was used, was attempted to be used, or was intended to be used in the violation of this article. If probable cause is established by the claimant, the hearing officer shall authorize the seizure and continued retention of the property by the seizing agency pending a judicial determination of the ancillary civil forfeiture action. The administrative hearing officer shall render a ruling within five business days after such hearing, with a copy of such ruling to be provided to all parties.
(6) 
No four-wheel-drive vehicle or motorcycle shall be forfeited under this article to the extent of the interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. The owner or lienholder must have taken all prudent steps to prevent the illegal use of his or her property. Willful disregard by the owner or lienholder of the acts giving rise to the forfeiture shall not constitute a defense to such forfeiture.
(7) 
Any action to forfeit a seized four-wheel-drive vehicle or motorcycle under this article shall be commenced within 120 days after the seizure, and said action shall be civil, remedial in nature, and shall not be deemed to be a penalty or criminal forfeiture for any purpose. An action under this article shall not be deemed a criminal proceeding of any type. The action shall be commenced in the manner prescribed by the New York Civil Practice Law and Rules. Potential claimants to the seized asset shall be served with a summons and notice or summons and verified complaint. No four-wheel-drive vehicle or motorcycle shall be forfeited without service of notice upon potential claimants to the seized vehicle and the opportunity for a hearing given prior to such forfeiture.
(8) 
In order to establish its in any action commenced under this article, the County shall demonstrate, by clear and convincing evidence, that the four-wheel-drive vehicle or motorcycle in question is subject to forfeiture at the time of commission of the crime which precipitated the seizure or the commencement of an action for the seizure of the property without regard to the final determination of any criminal action brought against the individual for such crime. The owner or lienholder of the vehicle shall then have the burden of providing a lack of knowledge or lack of consent on behalf of said owner or lienholder sufficient to constitute a defense to such forfeiture.
(9) 
All four-wheel-drive vehicles and motorcycles seized pursuant to this article shall be subject to reasonable and customary towing and daily storage fees. Such fees shall be payable to the seizing agent prior to the release of said property.

§ 822-14 Disposition of forfeited vehicles.

A. 
Whenever four-wheel-drive vehicles or motorcycles are forfeited under this article, the County Attorney, or his or her respective designee, may:
(1) 
Transfer the vehicle to any County agency, department or other political subdivision which demonstrates a need for the vehicle so that the vehicle may be put into official use by that agency, department or other political subdivision.
(2) 
Sell any forfeited vehicle which is not required to be destroyed by the law and which is not harmful to the public.
(3) 
Transfer the vehicle to any County-funded agency or organization demonstrating need for the vehicle so that the vehicle may be put into use by the funded agency or organization in the regular course of business of that funded agency or organization. Any such transfer of forfeited vehicles under this subsection may result in an in-kind deduction from those funds paid by the County to the specific agency or organization.
B. 
Any funds generated by the sale of forfeited four-wheel-drive vehicles or motorcycles, minus the necessary expenses incurred in connection with the maintenance, storage and sale of the vehicles prior to disposition and the satisfaction of any valid liens on said vehicles, shall be distributed as follows:
(1) 
Twenty percent to the Office of the County Attorney to offset costs and expenses incurred in the investigation, preparation, and litigation of the forfeiture action, including that proportion of the salaries of the attorneys, clerical staff, and investigative personnel devoted thereto;
(2) 
Ten percent to the Sheriff's Department to offset costs and expenses incurred in the service of process of the civil forfeiture actions, including that proportion of the salaries of the personnel devoted thereto;
(3) 
Thirty percent shall be deposited into an asset forfeiture fund in a separate, nonlapsing law enforcement purposes subaccount of the seizing law enforcement agency; and
(4) 
Forty percent shall be deposited into an asset forfeiture fund in a separate, nonlapsing law enforcement purposes subaccount of the Suffolk County Parks Department.

§ 822-15 Discretionary action; custody or release of impounded vehicles.

A. 
Nothing contained in this article shall require the County Attorney, or his or her respective designee, to commence a forfeiture action when, in his or her discretion, it is in the interests of justice not to commence such an action.
B. 
Nothing contained in this article shall require a court to order forfeiture when it determines, in its discretion, that it is in the interests of justice not to do so.
C. 
Any property so impounded after seizure shall remain in the custody of the seizing law enforcement agency, except pursuant to a certificate which orders the release of the property in the interest of justice or a showing of legal impediment and subject to the post-seizure retention hearing authorized under § 822-13B of this article. In order to obtain such a certificate, a party alleging a legal interest in the property seized may commence a special proceeding, in the court in which the forfeiture action may be commenced, requesting the issuance of such a certificate on notice to Suffolk County or by filing an appropriate motion after Suffolk County has commenced an action to forfeit the property. In either event, it shall be the obligation of Suffolk County to provide notice of the proceeding to any other parties known to Suffolk County at the time of the proceeding to have a legal interest in the property. The court shall render a ruling in such special proceeding or motion within five business days after such filing or hearing, whichever event occurs last.

§ 822-16 Applicability.

This article shall apply to all actions occurring on or after the effective date of this article.