[HISTORY: Adopted by the Board of Trustees of the Village of Upper Brookville 4-1-1973 as Art. 22 of the 1973 General Ordinance. Amendments noted where applicable.]
GENERAL REFERENCES
Towing — See Ch. 188.
Vehicles and traffic — See Ch. 195.
As used in this chapter, the following terms shall have the meanings indicated:
MOTOR VEHICLE
An automobile, truck, motorcycle, motor bike, minibike, trail bike, go-cart, snowmobile, golf cart or any other combination of materials which assembled can transport a person and is propelled by any power other than muscular power, except electrically or mechanically driven invalid chairs being operated or driven by an invalid, fire and police vehicles and self-propelled tractors and caterpillar or crawler-type equipment while being operated on a contract site.
PRIVATE ROAD AND PUBLIC ROAD
Any paved or unpaved lane, road or right-of-way which appears on the Official Map of the village or has been duly approved by the Village Planning Board.
UNLICENSED MINOR
Any person under the age of 18 who is not duly licensed to operate a motor vehicle in the State of New York.
[Amended 9-19-2000 by L.L. No. 1-2000]
UNREGISTERED MOTOR VEHICLE
A motor vehicle which is not registered in accordance with the New York State Vehicle and Traffic Law for operation on public highways.
[Amended 9-19-2000 by L.L. No. 1-2000]
A. 
No person shall operate an unregistered motor vehicle on any public road.
B. 
No unlicensed minor shall operate a registered motor vehicle on any public road or private road.
C. 
No person shall operate a motor vehicle on the property of another person or on any private road without the consent of the owner or owners of such property or private road.
[Amended 9-19-2000 by L.L. No. 1-2000]
If an unregistered motor vehicle is operated by any person or if a registered motor vehicle is operated by an unlicensed minor in violation of § 197-2 of this chapter, any police officer shall, upon the written complaint of any resident of the village or upon said police officer witnessing such violation, impound the particular motor vehicle involved in such violation and store the same with the Police Department.
[Amended 9-19-2000 by L.L. No. 1-2000; 5-15-2007 by L.L. No. 3-2007]
A. 
When a motor vehicle is impounded pursuant to this chapter, the owner may redeem the same from the Police Department upon the payment of a fine of $100 plus a fee as provided in § 112-7 and amendments thereto of Chapter 112, Fees and Deposits, for each day or fraction thereof said vehicle is stored by the Police Department.
B. 
The fine and storage fee shall become the property of the Village 30 days after the payment of the same, unless before such time the owner of said vehicle makes an application to the Village Court requesting a hearing concerning said violation. If, after said hearing, the Village Court decides that said vehicle was used in violation of this chapter, the fine and storage fee shall become Village property. If the Village Court finds that said motor vehicle was not used in violation of this chapter, said fine and storage fee shall be returned to the owner of said motor vehicle.
C. 
If an unregistered impounded motor vehicle is not redeemed within 60 days from the time it is impounded, the Police Department shall mail a notice to the owner thereof by certified mail, return receipt requested, advising him that the Village, after 30 days from the date of said notice, shall sell said motor vehicle at public auction and retain that portion of the proceeds therefrom needed for the payment of the aforementioned fine and storage fee. Any surplus moneys remaining after the payment of said fine and storage fee shall be returned to the former owner of said motor vehicle.