[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 7-1-1973 as Art. 22 of the 1973 General Ordinance. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
- MOTOR VEHICLE
- An automobile, truck, motorcycle, motor bike, minibike, 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.
- 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.
No person shall operate an unregistered motor
vehicle, and no unlicensed minor shall operate a registered motor
vehicle on any public road in the Village or without permission on
the property of another person or on any private road unless with
the consent of the owner or owners thereof.
[Amended 9-11-2000 by L.L. No. 3-2000]
If an unregistered vehicle is operated by any person or if a registered vehicle is operated by an unlicensed minor in violation of § 181-2 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.
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 $50 fine, plus a storage fee as provided in § 67-7 of Chapter 67, Fees and Deposits. In addition, the owner will be required to pay all costs charged by the towing company.
[Amended 9-11-2000 by L.L. No. 3-2000]
B.
The $50 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 $50 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.
[Amended 9-11-2000 by L.L. No. 3-2000]