[Adopted 5-11-1999 by L.L. No. 2-1999; amended in its entirety 3-14-2000 by L.L. No. 4-2000[1]]
[1]
Editor's Note: This local law was adopted as § 278-6A(23), but was redesignated as Art. III by L.L. No. 6-2013, adopted 8-20-2013.
A. 
No person shall operate or move or cause or knowingly permit to be operated or moved on any public street in the Town of Clarkstown any vehicle in violation of Federal Motor Carrier Safety Regulations, Parts 107, 110, 130, 171 through 173, 177 through 180, 382, 383, 390 through 397, 399 and 40.
B. 
Any violation of Clarkstown Town Code § 278-17A, with the exception of those violations set forth in Subsection C hereof, shall be dismissed if proof is presented to the court in which the summons is returnable, prior to the return date thereof, that the defect was corrected prior to one half hour after sunset on the first full business day after the issuance of the summons. The following are acceptable proof of repair or adjustment:
(1) 
A statement of correction from an officially designated state inspection station duly executed by the person performing or making such inspection and bearing the official stamp of the state inspection station.
(2) 
A signed statement by any police officer.
(3) 
A signed statement from a New York State Department of Transportation Inspector.
(4) 
A statement of correction from an official automobile repair shop on the letterhead of such repair shop duly executed by the person making the correction stating that the necessary corrections have been made.
C. 
The following charges shall not be dismissable pursuant to Subsection A hereof: All out-of-service violations, including operation of an out-of-service vehicle, paperwork violations, unsafe loading and equipment violations relating to brakes, couplings, exhaust systems, frames, fuel systems, steering suspension, tires and rims and all hazardous material violations.
D. 
Penalties for offenses.
(1) 
A violation of the provisions of this subsection (other than out-of-service provisions) shall be punishable by a fine of not less than $200 nor more than $500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for the first offense; by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for the second or subsequent offense.
(2) 
A violation of any out-of-service provisions of this subsection shall be punishable by a fine of not less than $350 nor more than $650 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for the first offense; by a fine of not less than $650 nor more than $1,000 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for the second or subsequent offense.
E. 
Violations.
(1) 
Violation of any provision of Subsection A hereof shall be deemed a violation, with the exception of violations of Federal Motor Carrier Safety Regulation 396.9(c) (Out of-Service Vehicles), which shall be deemed a misdemeanor punishable by a fine of not less than $2,000.
(2) 
No vehicle which has been issued a violation of any provisions of this subsection shall be operated or moved on any public street in the Town of Clarkstown unless such vehicle is in full compliance with all provisions of this subsection, provided, however, that such vehicle may be legally operated or moved within the twenty-four-hour period immediately following the issuance of said violation. Violation of this section shall be punishable by a fine of not less than $500.