[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.]
[Adopted 11-24-1998 by L.L. No. 29-1998 (Ch. 469, Art. I,
of the 1985 Code)]
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.
As used in this article, the following terms shall have the
meanings indicated:
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]
The County Attorney or his or her designee.
[Added 9-7-2022 by L.L. No. 36-2022]
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]
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.
Every person who operates or is in actual physical control
of an ATV.
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.
Any highway, road, alley, street, avenue, public place, public
driveway or any other public way.
The law enforcement agency seizing the instrumentality of
an operation offense.
[Added 9-7-2022 by L.L. No. 36-2022]
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]
[Amended 8-31-2000 by L.L. No. 18-2000; 9-7-2022 by L.L. No. 36-2022; ]
A.
Public property. No person shall operate an ATV on a public highway
or on public property in the County of Suffolk except in accordance
with New York State Vehicle and Traffic Law § 2403.
B.
Private property. No person shall operate an ATV 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 ATV on the property.
There shall be a rebuttable presumption that the operator of an ATV
on private property in Suffolk County lacks the consent to operate
the ATV if the operator cannot produce written consent from the property
owner.
C.
No person shall flee from a police or peace officer while operating
an ATV in Suffolk County. The operator of an ATV is required to stop
or pull over when directed to do so by a police or peace officer,
or by their marked vehicle by the activation of either its lights
or siren. Additionally, no person operating an ATV shall flee from
a police or peace officer at an unsafe speed, recklessly, or in any
manner that would constitute a danger to other motor vehicles, pedestrians
or property.
D.
Agriculture. The use of ATVs by the owners of a farm operation, their families or employees, on property owned or leased by the farm operation for the purposes of agriculture production as defined by New York State Agriculture and Markets Law § 301, Subdivision 4, shall be exempt from the provisions of § 822-3B.
[Amended 8-31-2000 by L.L. No. 18-2000; 9-7-2022 by L.L. No. 36-2022]
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 § 822-3 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 ON A PUBLIC HIGHWAY OR ON PUBLIC
PROPERTY IN SUFFOLK COUNTY EXCEPT IN ACCORDANCE WITH NEW YORK STATE
VEHICLE AND TRAFFIC LAW SECTION 2403. WRITTEN CONSENT OF THE PROPERTY
OWNER IS REQUIRED IF AN ATV IS USED ON PRIVATE PROPERTY.
|
[Amended 8-31-2000 by L.L. No. 18-2000; 11-19-2002 by L.L. No.
27-2002; 9-7-2022 by L.L. No. 36-2022]
B.
A second violation of § 822-3A or B or C, after having been convicted of a violation of § 822-3A or B or C occurring within the last five years of the first violation of § 822-3A or B or C, shall constitute an unclassified misdemeanor punishable by a minimum fine of $1,500, with a maximum fine of $3,000.
D.
Willful failure to comply with § 822-4 of this article shall constitute a violation punishable by a civil fine of $1,000 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 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 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 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.
[Amended 8-31-2000 by L.L. No. 18-2000; 11-19-2002 by L.L. No.
27-2002; 9-7-2022 by L.L. No. 36-2022]
A.
Upon making an arrest or upon issuing a summons or an appearance ticket for a violation of § 822-3A or B or C, or in the event an officer has probable cause to believe a person has committed a violation of § 822-3A or B or C and has fled the scene leaving the ATV behind, an officer may seize such ATV. 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 $1,000. 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 § 822-3A or B or C of this article and seized by any peace officer or police officer acting pursuant to his or her special duties may be forfeited as hereafter provided. If the ATV is not forfeited, after a second conviction as permitted by § 822-6B(1), 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.
[Amended 12-20-2022 by L.L. No. 9-2023]
(1)
A civil action shall be commenced by the claiming authority, or his or her designees, against a criminal defendant to forfeit seized property which is used as the instrumentality of a crime if it can be demonstrated that the property was seized in connection with the criminal action of an individual who has been once convicted of a violation of either § 822-3A or B or C within the previous five years.
(2)
A civil action may also be commenced against a noncriminal defendant to forfeit property which is used as the instrumentality of a crime, 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. A nonoperating owner who is physically present in or on an instrumentality at the time of the commission of a crime, or a nonoperating owner whose ATV was an instrumentality used and operated by a person who has previously been convicted of a violation of § 822-3A or B or C, shall be presumed to know that the instrumentality of a crime was or would be used in a manner that would directly and materially contribute to the commission of a crime or that obtaining his or her interest in the instrumentality could assist the operator in avoiding the forfeiture.
(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 will be a hearing
before a neutral magistrate to determine whether probable cause existed
for the defendant having been issued a summons or an appearance ticket,
or having been arrested for committing a crime, or in the event a
person has fled the scene of a crime, leaving the ATV behind, whether
probable cause existed that the ATV was used in the commission of
a crime, 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, 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 ATV with imposition of appropriate penalties
for violation of said restraining order; and/or b) taking of a bond.
(5)
When a hearing is held, the neutral magistrate shall review the documents or other evidence supporting the probable cause for the determination that a crime was committed as defined herein and any other relevant documents and take any testimony to determine whether the seizing agency has sustained its burden of proof as set forth in Subsection B(4) of this section. If the seizing agency has met its burden of proof, the neutral magistrate shall authorize the continued retention of the property by the seizing agency 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. The Suffolk County Executive shall designate neutral magistrates to conduct hearings in accordance with subsection.
(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 seized property under this article shall be commenced within 180 days after the disposition of the summons or appearance ticket or arrest for the crime or, in the instance where no summons or appearance ticket was issued or arrest was made, within the statute of limitations for the underlying crime when the property has first been seized under § 822-6A of this article, 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. Failure to commence such an action within the aforesaid time period shall result in the immediate return of the property to its lawful owner. The ATV will be made available for release to the registered 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 of the registrant on file with the New York State Department of Motor Vehicles or another state's equivalent office, if not registered in New York, whichever date is earlier, the vehicle will be forfeited.
(8)
In order to establish its case in any action commenced under this article, the claiming authority shall demonstrate, by clear and convincing evidence, that the instrumentality in question is subject to forfeiture at the time of commission of the crime, 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 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. If, after a seizure of property has been made under § 822-6A of this article, it is determined that the claiming authority has failed to meet its burden or the nonoperating owner has met the burden set forth hereinabove, then the ATV which constitutes the instrumentality of an operation offense so seized shall immediately be returned to its lawful owner. The ATV 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 ATV within 60 days after actual notification or by certified mail, return receipt requested, sent to the address on file to the registered owner with the New York State Department of Motor Vehicles or another state's equivalent office, if not registered in New York, whichever date is earlier, then upon such failure the vehicle will be forfeited.
(9)
All property seized pursuant to this article shall be 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 prior to the release of
said property or, in the event the instrumentality of the operation
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 operation offense
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.
[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.
[Added 9-9-2011 by L.L. No. 43-2011]
[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.[1]
[1]
Editor's Note: Former Subsection C, which immediately followed
this subsection and which required that property impounded after seizure
would remain in the custody of the seizing law enforcement agency
except pursuant to a certificate ordering the release of the property
and which set forth procedures for obtaining a certificate ordering
the release of property, was repealed 9-7-2022 by L.L. No. 36-2022.
[Adopted 3-22-2011 by L.L. No. 33-2011]
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.
As used in this article, the following terms shall have the
meanings indicated:
A third conviction for a violation of this article after
having been twice convicted of such violations within the previous
five years.
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.
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.
To ride in, use or control the operation of a four-wheel-drive
vehicle.
Any person who operates or is in physical control of a four-wheel-drive
vehicle.
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.
Any highway, road, alley, street, avenue, public place, public
driveway or any other public way.
To sell, exchange, give or dispose of to another, or to offer
to agree to do the same for good and valuable consideration.
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.
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.
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.
(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.
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.
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.
This article shall apply to all actions occurring on or after
the effective date of this article.
