[Amended 5-1-1992 by L.L. No. 12-1992]
A.
Every person convicted of a traffic infraction, for
a first conviction thereof, shall be punished by a fine to be set
from time to time by resolution duly adopted by the Town Board or
by imprisonment for not more than 15 days, or by both such fine and
imprisonment; for a second such conviction within 18 months thereafter,
such person shall be punished by a fine to be set from time to time
by resolution duly adopted by the Town Board or by imprisonment for
not more than 45 days, or by both such fine and imprisonment; upon
a third or subsequent conviction within 18 months after the first
conviction, such person shall be punished by a fine to be set from
time to time by resolution duly adopted by the Town Board or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
[Amended 3-3-2011 by L.L. No. 2-2011]
B.
All persons cited on a Town parking summons for a violation of the parking permit requirements of this chapter as set forth in § 240-35 shall be subject to a minimum fine to be set from time to time by resolution duly adopted by the Town Board and shall answer and/or appear on or before the designated return date.
[Amended 12-17-1993 by L.L. No. 35-1993; 6-4-1999 by L.L. No. 12-1999; 3-3-2011 by L.L. No. 2-2011]
C.
All persons cited on a Town parking summons for a
violation of the parking permit requirements of this chapter and New
York State Vehicle and Traffic Law shall be subject to a minimum fine
to be set from time to time by resolution duly adopted by the Town
Board and shall answer and/or appear on or before the designated return
date.
[Added 6-4-1999 by L.L. No. 12-1999;
amended 6-12-2007 by L.L. No. 23-2007; 3-3-2011 by L.L. No. 2-2011; 7-19-2012 by L.L. No.
11-2012]
D.
Upon the failure of a person or owner of a vehicle
to appear before the court or answer, on or before the return period
set forth on the summons, or to appear at any subsequent adjourned
date, such person or owner of a vehicle shall be subject to the following
surcharges, in addition to the prescribed fines:
[Added 6-4-1999 by L.L. No. 12-1999;
amended 7-19-2012 by L.L. No. 11-2012]
(1)
If
the fine is not be paid within 15 days from the date the summons was
issued, and the person or owner of a vehicle has failed to appear
before the court or answer the summons, a late penalty equal to half
the original fine shall be added to the fine; and
(2)
If the fine is still not paid within 60 days from the date the summons was issued, and the person or owner of a vehicle has failed to appear before the court or answer the summons, an additional late penalty in an amount equal to half the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection D(1) herein; and
(3)
If
the fine is still not paid within 90 days from the date the summons
was issued, and the person or owner of a vehicle has failed to appear
before the court or answer the summons, an additional penalty of $30
shall be added to all other fines and penalties previously assessed.
E.
Any person or entity found by the Bureau of Administrative Adjudication to have violated any of the provisions of § 240-15 to § 240-35 shall likewise be subject to a monetary penalty not to exceed the maximum fine amounts set forth in the instant chapter, for the respective violations referenced therein for a first offense, subsequent offenses and continuing offenses.
[Added 6-2-2022 by L.L. No. 17-2022]
[Added 11-15-2018 by L.L.
No. 17-2018]
A.
Vehicle without number plates and valued at $1,250 or less. A motor
vehicle deemed to be an abandoned vehicle under New York State Vehicle
and Traffic Law § 1224(1), with no number plates affixed
and of a wholesale value, taking into consideration the condition
of the vehicle, of $1,250 or less, ownership thereof immediately vests
in the Town of East Hampton pursuant to state law. Accordingly, the
Town may obtain title, sell or otherwise dispose of as junk or salvage,
dismantle or otherwise destroy as provided below.
B.
Vehicle with number plates and/or valued at more than $1,250. For
a motor vehicle deemed to be an abandoned vehicle under New York State
Vehicle and Traffic Law § 1224(1), with number plates affixed
and/or with a wholesale value of more than $1,250, the Town of East
Hampton shall:
(2)
Notify the last owner, if known, that the vehicle in question has been recovered, is an abandoned vehicle and that, if unclaimed, may be sold pursuant to the provisions of New York State Vehicle and Traffic Law § 1224(5) or converted for use pursuant to the provisions of New York State Vehicle and Traffic Law § 1224(6), after 10 days from the date such notice was given. If the agency described in Subsection B(1)(a) also notifies the Town of East Hampton that a lien or mortgage exists, the Town of East Hampton shall also send such notice to the lienholder or mortgagee.
(3)
Ownership of such abandoned vehicles, if unclaimed, shall vest
in the Town of East Hampton 10 days from the date such notice is given;
or if the last owner cannot be ascertained, when notice of such fact
is received.
C.
Vehicle not suitable for operation on the public highways. If it
is determined that an abandoned vehicle is not suitable for operation
on the public highways, the Town of East Hampton shall sell the vehicle
to a vehicle dismantler or scrap processor registered or certified
pursuant to New York State Vehicle and Traffic Law § 415-a
or to a vehicle dismantler or scrap processor who does not have a
place of business in this state but who conforms to the laws and regulations
of the state in which he has a place of business.
D.
Vehicle without a vehicle identification number plate. If an abandoned
vehicle is without a vehicle identification number plate, the Town
of East Hampton shall sell such vehicle to a vehicle dismantler or
a scrap processor registered or certified pursuant to New York State
Vehicle and Traffic Law § 415-a or to a vehicle dismantler
or scrap processor who does not have a place of business in this state
but who conforms to the laws and regulations of the state in which
he has a place of business. In the alternative, the Town may apply
for a replacement vehicle identification number plate and sell, or
convert for use, pursuant to the provisions of this section.
E.
Sale at public auction. An abandoned vehicle suitable for operation
on the public highways may be sold at public auction to the highest
bidder.
F.
Conversion for use. The Town of East Hampton may convert for its own use abandoned vehicles, except those described in Subsection A above, or may, by sale or gift, transfer title to any of such vehicles to any other municipal corporation for use by its law enforcement agency, provided, however, the total number of vehicles converted and/or transferred in any calendar year may not exceed 1% of the Town of East Hampton's unclaimed abandoned vehicles not described by Subsection A of this section or two such vehicles, whichever is greater.
G.
Proceeds. Any proceeds from the sale of an abandoned vehicle less
any expenses incurred by the Town of East Hampton shall be held by
the Town, without interest, for the benefit of the owner of such vehicle
for a period of one-year. If not claimed within such one-year period,
such proceeds shall be paid into the general fund of the Town of East
Hampton.
A.
Except those parts, if any, which are subject to approval
under § 1684 of the Vehicle and Traffic Law of the State
of New York, this chapter and any regulations adopted hereunder shall
take effect as provided by law.
B.
Any part or parts of this chapter and any regulations
adopted hereunder which are subject to approval under § 1684
of the Vehicle and Traffic Law of the State of New York shall take
effect from and after the day on which approval in writing is received
from the New York State Department of Transportation.
If any article, section, subsection, paragraph,
sentence, clause or provision of this chapter shall be adjudged by
any court of competent jurisdiction to be invalid, such adjudication
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the article, section, subsection,
paragraph, sentence, clause or provision thereof directly involved
in the controversy in which such judgment shall have been rendered.
All prior ordinances, regulations and rules,
or parts thereof, of this Town regulating traffic and parking are
hereby repealed, except that this repeal shall not affect or prevent
the prosecution or punishment of any person for any act done or committed
in violation of any ordinance, regulation or rule hereby repealed
prior to the taking effect of this chapter.
