[Adopted 4-4-2006 by L.L. No. 24-2006 (Ch. 467, Art. IV, of the 1985 Code)]
[Amended 12-17-2024 by L.L. No. 7-2025]
A. 
This Legislature hereby finds and determines that the National Highway Traffic Safety Administration reports that, in the year 2001, illegal street racing was listed as a factor in 135 fatal crashes, and this number continues to rise.
B. 
This Legislature also finds and determines that motor vehicle accidents are the leading cause of death for people between the ages of 16 and 20.
C. 
This Legislature further finds and determines that nationwide statistics show that nearly 50 people in every 1,000 who are involved in illegal auto racing will be seriously injured in auto racing accidents.
D. 
This Legislature determines that numerous deaths have occurred on Long Island as a result of illegal auto racing, including most recently on July 7, 2005, when a couple was killed during an illegal drag race.
E. 
This Legislature also finds that the penalties currently in place for illegal drag racing do not serve to deter individuals from participating in these types of street races.
F. 
This Legislature also finds and determines that illegal demonstrations involving various vehicle stunts, also called sideshows or street takeovers, have gained increasing popularity and often put the participants, spectators, responding law enforcement, and the public at great risk of serious physical injury and death.
G. 
This Legislature further finds and determines that illegal vehicle sideshows and street takeovers, in addition to being gravely dangerous to persons and property, also constitute a public nuisance, as they interfere with the rights of others to utilize public property, and the rights of persons to enjoy their own private property, including via the generation of excessive noise in the evening or early morning hours.
H. 
This Legislature also finds that the penalties currently in place for illegal vehicle sideshows, street takeovers, and street racing do not adequately serve to protect public safety and deter individuals from participating in these types of events.
I. 
Therefore, the purpose of this article is to deter illegal street racing, sideshows and street takeovers, and protect the lives of Suffolk County residents by proscribing, and authorizing the seizure and forfeiture of vehicles involved in, such activities.
[Amended 7-26-2022 by L.L. No. 32-2022; 12-17-2024 by L.L. No. 7-2025]
As used in this article, the following terms shall have the meanings indicated:
BURNOUT
A driving technique or maneuver (also known as a "peel out" or "power brake") where the driver spins a vehicle's wheel(s) while keeping their vehicle stationary and the resultant friction often causes the tires to heat up and smoke.
CLAIMING AUTHORITY
The County Attorney, or his or her designee, and/or the District Attorney, or his or her designee.
DOUGHNUT or DONUT
A maneuver performed while driving a vehicle that entails rotating the rear or front of the vehicle around the opposite set of wheels in a continuous motion often causing the tires to emit smoke from friction and creating a circular skid mark pattern of rubber on the road surface.
DRIFTING
A driving technique where the driver intentionally oversteers with loss of traction while maintaining control and driving the car through the entirety of a corner. This act or activity can also be defined as that of steering a vehicle so that it makes a controlled skid sideways or power slide through a turn with the front wheels pointed in a direction opposite to that of the turn. This action can sometimes further be referred to as a "power slide."
INSTRUMENTALITY OF AN OFFENSE
A vehicle, the use of which contributed directly and materially to the commission of an offense as defined in this article.
OFFENSE
A violation of New York State Vehicle and Traffic Law § 1182, Speed contests and races; a violation of New York State Penal Law § 120.20, Reckless endangerment in the second degree; or a violation of § 818-26.1A(1) of this article.
PARTICIPATE
To organize, facilitate, promote, take or have a part or share in, partake in, share in, take part in, indulge in, contribute to, engage in, concur in, be a party to, compete in, undertake in, or participate in profits to an event. To participate shall also include wagering on the outcome of the race, sideshow or street takeover; making an invitation to race; acting as a starter or flag person; pushing or positioning a motor vehicle to a starting line; operating, riding in, or positioning a motor vehicle for the purpose of engaging in, facilitating, continuing, or establishing a boundary area for a race, sideshow or street takeover; and directing persons or motor vehicles for the purposes of engaging in, facilitating, or continuing a race, sideshow or street takeover.
RACE or DRAG RACE
A race or speed contest between two or more vehicles traveling side by side at an accelerated speed in an attempt to overtake or pass each other over a specific distance or time. A race or speed contest can also consist of one or more vehicles traveling over a shared course to compare vehicle speeds or acceleration over a specific distance or time.
REVVING
A maneuver performed while driving a vehicle that entails the increasing of revolutions per minute of the crankshaft of an engine of a vehicle whether or not the vehicle is in motion, thereby causing unreasonable noise.
SEIZING AGENCY
The law enforcement agency seizing the instrumentality of an offense.
SIDESHOWS
Events in which one or more motor vehicle operator(s) perform maneuvers or stunts for entertainment or competition purposes, including burnouts, power slides, donuts, wheelies, drifting, the making of excessive loud engine noises, revving, and/or the use of illegal loud noise mufflers.
SPECTATOR
Any person who is knowingly present at a race, sideshow or street takeover for the purpose of viewing, observing, watching, or witnessing the race, sideshow or street takeover event as it progresses.
STREET RACING
A speed competition or contest, without sanction, authority or permit by any governmental entity, between vehicles or an accelerated contest or drag race or a test of a vehicle operator's physical endurance in conjunction with a drag race, a show of speed or acceleration, or an attempt to make a speed record.
STREET TAKEOVER
Blocking or impeding the regular flow of traffic or pedestrians through all or a portion of a highway, parking lot, or public place (including private property open to the public) for the purposes of a race, sideshow or engaging in stunt behavior.
STUNT BEHAVIOR
To perform burnouts, donuts, drifting, revving, wheelies and similar maneuvers.
WHEELIE
Raising a vehicle to the degree that one or more wheels lose contact with the ground.
[Amended 6-6-2023 by L.L. No. 23-2023; 12-17-2024 by L.L. No. 7-2025]
A. 
Upon making an arrest or upon issuing a summons or an appearance ticket for an offense, or in the event an officer has probable cause to believe a person has committed an offense and has fled the scene of the offense, leaving the instrumentality of an offense behind, an officer shall seize such instrumentality. Said vehicle may be forfeited as hereinafter provided.
B. 
Notice of seizure.
(1) 
The seizing agency shall send notification of the seizure to all titled owners and registrants, if different, on file with the New York State Department of Motor Vehicles by certified mail, return receipt requested, within five business days of 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 defendant's having been issued a summons or having been arrested for committing an offense as defined herein, whether the County is likely to succeed on the merits of the forfeiture action, whether retention is necessary to preserve the vehicle from destruction or sale during the pendency of the forfeiture proceeding, and whether any other measures would better protect the County's interest during the proceedings, including, but not limited to:
(a) 
Issuance of a restraining order prohibiting the sale, transfer, or loss of the vehicle with imposition(s) of appropriate penalties for violation of said restraining order; and/or
(b) 
Taking of a bond.
(2) 
When a hearing is held, the neutral magistrate shall review the documents supporting the probable cause for issuance of a summons or arrest for an offense, as defined herein, and any other relevant documents and take any testimony to determine whether the claiming authority has sustained its burden of proof as set forth in Subsection B(1) of this section. If the claiming authority has met its burden of proof, the neutral magistrate shall authorize the continued retention of the property by the claiming authority pending a judicial determination of any civil forfeiture action. Nothing herein shall be construed to preclude a party with a legal interest in the seized property from commencing an action or proceeding in a court of competent jurisdiction for its return.
(3) 
The Suffolk County Executive shall designate neutral magistrates to conduct hearings in accordance with Subsection B(2).
C. 
Any action for forfeiture under § 818-24 of this article shall be commenced, in the manner prescribed by New York Civil Practice Law and Rules § 304, within 180 days after the disposition of the summons or arrest for the offense, but in no event more than five years after seizure. Failure to commence such an action within the aforesaid time period shall result in the immediate return of the property to its lawful owner. A vehicle will be made available for release to the titled owner at the place of storage, subject to payment of reasonable and customary towing, maintenance and storage fees to the date of release. In the event of a failure to take possession of the vehicle within 60 days after actual notification or by certified mail, return receipt requested, sent to the address on file to the titled owner with the New York State Department of Motor Vehicles or another state's equivalent office, if not titled in New York, whichever date is earlier, the vehicle will be forfeited.
[Amended 6-12-2007 by L.L. No. 19-2007; 12-17-2024 by L.L. No. 7-2025]
A. 
A civil action may be commenced by the claiming authority, or its designee, against a defendant to forfeit seized property which constitutes the instrumentality of an offense or to recover a money judgment in an amount equivalent in value to the property which constitutes an instrumentality of an offense, except that:
(1) 
No property used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this article unless it shall appear that the owner or agent of the owner was a consenting party or privy to the commission of the offense as described in this article; and
(2) 
No property shall be forfeited under the provisions of this article 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 possession of a person other than the owner.
B. 
A civil action may be commenced by the claiming authority, or its designee, against a defendant to seize and to forfeit property which constitutes the instrumentality of an offense, or to recover a money judgment in an amount equivalent in value to the property which constitutes the instrumentality of an offense, except that:
(1) 
No property used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this article unless it shall appear that the owner or agent of the owner was a consenting party or privy to the commission of the offense as described in this article; and
(2) 
No property shall be forfeited under the provisions of this article 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 is unlawfully in the possession of a person other than the owner.
C. 
A civil action may also be commenced against a noncriminal defendant to recover the property which constitutes the instrumentality of an offense, subject to the same exceptions contained in Subsections A and B of this section. A noncriminal defendant who knows, or should know, of prior illegal use by a criminal defendant of the instrumentality or other property of a like nature or kind shall be presumed to know that the instrumentality was or would be used in a manner that would directly and materially contribute to the commission of a subsequent crime or that obtaining his or her interest in the instrumentality could assist the criminal defendant in avoiding the forfeiture.
D. 
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, except where the procedure is regulated by any inconsistent provisions herein.
E. 
The noncriminal defendant must take all prudent steps to prevent the illegal use of his or her property, and willful disregard by the owner or lienholder of the acts giving rise to forfeiture shall not constitute a defense to such forfeiture.
F. 
Unless barred by the five-year limitation contained in § 818-23C of this article, any action to forfeit seized property under Subsection A of this section may be commenced within 180 days after the disposition of the summons or arrest for the offense when the property has first been seized under § 818-23A of this article and within 180 days after the disposition of the summons or arrest for the offense when the property has not been first seized under § 818-23A, and said action shall be civil, remedial, and in rem 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 New York Civil Practice Law and Rules § 304. Potential claimants to the property shall be served with a summons and notice or summons and verified complaint. No property shall be forfeited without service of notice upon potential claimants to the property and the opportunity for a hearing given prior to such forfeiture.
G. 
Once a civil action for forfeiture has been commenced pursuant to this section, the claiming authority shall notify victims who have been physically injured as a result of the offensive actions of an individual which have precipitated such seizure and forfeiture proceeding as to the time and place of said court forfeiture hearing.
H. 
In order to establish its case in any action commenced under this article, the County shall demonstrate, by a preponderance of evidence, that the property in question was used in commission of the offense, as defined in this article, 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 offense. The noncriminal defendant shall then have the burden of proving a lack of knowledge or lack of consent on behalf of said noncriminal defendant sufficient to constitute a defense to such forfeiture.
I. 
If, after a seizure of property has been made under § 818-23A of this article, it is determined that the noncriminal defendant has met the burden set forth hereinabove, then the vehicle which constitutes the instrumentality of an offense so seized shall immediately be returned to its lawful owner. The vehicle will be made available for release to the lawful owner at the place of storage, subject to payment of reasonable and customary towing, maintenance and storage fees to the date of release. In the event of a failure to take possession of the vehicle within 60 days after actual notification or by certified mail, return receipt requested, sent to the address on file to the titled owner with the New York State Department of Motor Vehicles or another state's equivalent office, if not titled in New York, whichever date is earlier, then upon such failure the vehicle will be forfeited.
J. 
All property seized pursuant to this article is subject to reasonable and customary towing, maintenance and daily storage fees as may be established by the Suffolk County Police Commissioner. Such fees shall be payable to the seizing agency, or, in the event the instrumentality of the offense has been transferred to the custody of the Suffolk County Police Department by the seizing agency, such fees shall be payable to the Suffolk County Police Department, prior to release of said property. The seizing agency, if other than the Suffolk County Police Department, shall be reimbursed up to $300 for towing and storage expense actually incurred, upon disposal of said instrumentality of the offenses by the claiming authority, but said reimbursement shall not exceed money actually received by the Suffolk County Police Department for its disposition. All towing, storage and maintenance fees collected shall be retained by the Suffolk County Police Department and shall be transferred into a police asset forfeiture fund in a separate nonlapsing appropriation for law enforcement purposes.
K. 
The claiming authority may at any time authorize the return of the seized vehicle to the lawful owner, with or without conditions attached. When a vehicle is made available for release to the lawful owner, it shall be at the place of storage and subject to payment of reasonable and customary towing, maintenance and storage fees to the date of release. In the event of a failure to take possession of the vehicle within 60 days after actual notification or by certified mail, return receipt requested, sent to the address on file to the titled owner with the New York State Department of Motor Vehicles or another state's equivalent office, if not titled in New York, whichever date is earlier, then upon such failure the vehicle will be forfeited.
A. 
Whenever property is forfeited under this article, the claiming authority, or his or her respective designee, may:
(1) 
Retain the property or asset for official use.
(2) 
Sell any forfeited property or asset which is not required to be destroyed by law and which is not harmful to the public.
(3) 
Transfer the property or asset to any County agency, department or other political subdivision demonstrating need for the specific property or asset so that the property or asset may be put into official use by that agency, department or other political subdivision.
(4) 
Transfer the property or asset to any County-funded agency or organization demonstrating need for the specific property or asset so that the property or asset 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 property or assets 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 property or assets described in this article, after deducting therefrom any fees imposed pursuant to § 818-24J above, shall be distributed in the following order of priority:
(1) 
Amounts to satisfy any valid lien or claim against the property forfeited;
(2) 
Amounts ordered to be paid by the defendant in any other action or proceeding as restitution, reparations or damages to a victim of the offense which constitutes the basis upon which forfeiture of the seized asset was effected under this article, to the extent such amounts remain unpaid, whichever is less; provided, however, the claiming authority receives written notice from the victim or his/her duly appointed representative within 30 days of the commencement of the civil forfeiture action in order for the victim to receive such funds;
(3) 
All monies remaining after distributions made pursuant to Subsection B(1) and (2) shall be distributed as follows:
(a) 
Twenty percent to the claiming authority in satisfaction of actual costs and expenses incurred in the investigation, preparation and litigation of the forfeiture action, including that proportion of the salaries of the attorneys, clerical and investigative personnel devoted thereto, plus all costs and disbursements made in the administration of this article, which shall be deposited into a separate nonlapsing appropriation of the claiming authority for law enforcement purposes;
(b) 
Ten percent to the Sheriff's Department in satisfaction of actual 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, which shall be deposited into a separate nonlapsing appropriation of the Sheriff's Department for law enforcement purposes; and
(c) 
Seventy percent to the Suffolk County STOP-DWI Office for the purposes of supporting or providing drunk driving education, prevention and enforcement programs administered by governmental and/or nongovernmental agencies within Suffolk County.
(4) 
The expenditure of funds pursuant to Subsection B(3) shall be in accordance with an annual plan approved by resolution of the County Legislature.
A. 
Nothing contained in this article shall require the claiming authority, 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.
[Added 7-26-2022 by L.L. No. 32-2022;[1]; amended 6-6-2023 by L.L. No. 23-2023; 12-17-2024 by L.L. No. 7-2025]
A. 
Proscribed conduct.
(1) 
No person shall knowingly participate or engage in any race, sideshow or street takeover, or aid or abet such event, on any public highway, public sidewalk, parking lot, public property, or private property open to the public.
(2) 
No person shall knowingly be present as a spectator within 200 feet of any race, sideshow, or street takeover.
B. 
Exception. The prohibitions of § 818-26.1A shall not apply to activities on private property with the consent of the property owner.
[1]
Editor's Note: This local law also renumbered §§ 818-27 through 818-29 as §§ 818-29 through 818-31 to accommodate the addition of two new sections numbered as §§ 818-27 and 818-28. As this chapter already contained §§ 818-27 through 818-89, the new sections were redesignated as §§ 818-26.1 and 818-26.2 with the permission of the County.
[Added 7-26-2022 by L.L. No. 32-2022; amended 12-17-2024 by L.L. No. 7-2025]
In addition to seizure and forfeiture of the vehicle(s) involved as provided in this article, a violation of § 818-26.1A(1) or (2) shall constitute a misdemeanor and be punishable by imprisonment of not more than six months or a fine of not more than $600, or both such fine and imprisonment. A second or subsequent violation of § 818-26.1A(1) or (2) committed within 10 years of a violation of § 818-26.1A(1) or (2) shall be punishable upon conviction by imprisonment of not more than one year or a fine of not more than $1,000, or both such fine and imprisonment.
This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same of substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted of the purposes of triggering the provision of this section.