[Amended 10-10-2023 by L.L. No. 17-2023]
A. The Corporation Counsel may commence a civil action for forfeiture
to the City of any vehicle, as such term is defined in Subdivision
14 of § 10.00 of the Penal Law, when such vehicle is operated
or used by a person who is arrested or issued a summons by any police
officer of the Yonkers Police Department for engaging in or aiding
or abetting in any motor vehicle or other speed contest or exhibition
of speed on a highway as prohibited by § 1182 of the Vehicle
and Traffic Law and such person is convicted or pleads guilty to any
offense arising out of such arrest or summons. In order to establish
its case in any action commenced under this subsection, the City shall
demonstrate, by a preponderance of the evidence in the civil forfeiture
proceeding, that such person engaged in or aided or abetted in any
motor vehicle or other speed contest or exhibition of speed on a highway
as prohibited by § 1182 of the Vehicle and Traffic Law and
that such person's operation or use of such vehicle contributed directly
and materially to the commission of such offense.
B. The Corporation Counsel may commence a civil action for forfeiture
to the City of any vehicle, as such term is defined in Subdivision
14 of § 10.00 of the Penal Law, when such vehicle is operated
or used by a person attempting to unlawfully elude or flee from any
police officer of the Yonkers Police Department. In order to establish
its case in any action commenced under this subsection, the City shall
demonstrate, by a preponderance of the evidence in the civil forfeiture
proceeding, that such person unlawfully fled or eluded any police
officer as prohibited by §§ 270.25, 270.30, or 270.35
of the Penal Law and that such person's operation or use of such
vehicle contributed directly and materially to the commission of such
offense.
C. A civil action seeking forfeiture brought pursuant to this section shall be commenced in the County of Westchester within 60 days after such person has been convicted of any offense arising out of his or her arrest or summons under § 1182 of the Vehicle and Traffic Law, if brought pursuant to Subsection
A of this section, or within 60 days after such person has been convicted of any offense arising out of his or her arrest or summons under §§ 270.25, 270.30, or 270.35 of the Penal Law, if brought pursuant to Subsection
B of this section. The Yonkers Police Department shall make a timely notification to the Office of the Corporation Counsel regarding such conviction, or other disposition of the applicable criminal action or proceeding regarding such person.
[Amended 10-10-2023 by L.L. No. 17-2023]
A person who is arrested or summonsed by any police officer of the Yonkers Police Department for an offense under § 1182 of the Vehicle and Traffic Law or under §§ 270.25, 270.30, or 270.35 of the Penal Law, shall receive notice at the time of arrest or summonsing on such charge and by certified mail, return receipt requested, as soon thereafter as practical, informing such person how and when the vehicle may be released and that the vehicle may be subject to a civil forfeiture proceeding. In the event that the driver is not the registered owner of the vehicle, separate notice shall be provided to the registered owner of the vehicle. Notice shall also be provided to any lienholder. Notice pursuant to this section shall be to the address recorded with the Department of Motor Vehicles of New York State or any other state, territory, district, province, nation or other jurisdiction, by certified mail, return receipt requested. The procedures set forth in Chapter
109 of the Code of the City of Yonkers with respect to impoundment, towing, storage and release of vehicles shall apply whenever a person has been arrested for an offense under § 1182 of the Vehicle and Traffic Law or under §§ 270.25, 270.30, or 270.35 of the Penal Law.
Following a determination by the court pursuant to this chapter
that a vehicle shall be forfeited, an owner may make a motion to the
court for relief from such determination. Such motion shall be made
on notice to the City. In order to obtain such relief, the owner must
submit evidence which establishes that the loss of the vehicle would
cause a substantial and unwarranted hardship because the owner has
no reasonable access to public transportation and to the use of another
vehicle and lacks the financial resources to purchase or lease another
vehicle and that possession of a vehicle is a necessary incident to
his or her employment, business, trade, occupation or profession;
or to his or her travel to and from a class or course at an accredited
school, college or university or at a state approved institution of
vocational or technical training; or necessary to travel to and from
a necessary medical examination or necessary medical treatment for
such owner or a member of his or her household. Upon satisfactory
demonstration of these factors to the court, the court may grant relief
from the forfeiture determination upon such terms and conditions as
will provide maximum protection to the public safety, which may include,
but not be limited to, installation of an ignition interlock device
in such vehicle.
Notwithstanding any provision of law to the contrary, the Corporation
Counsel shall be empowered to compromise, settle, or adjust rights,
claims, demands or causes of action in favor of or against the City
arising under this chapter.
The City of Yonkers shall conduct public education to advise
members of the public, the judiciary, and legal community of the provisions
of this chapter.
The Yonkers Police Department shall provide a detailed annual
report to the City Council on the enforcement of this article for
the previous year. Such report shall include appropriate statistical
analysis and comment.
If any clause, sentence, subparagraph, subsection or section
of this chapter shall be held invalid by any court of competent jurisdiction,
or the application of this chapter to any person or set of circumstances
shall be held invalid, such invalidity or judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, subparagraph, subsection,
section, or operation of this chapter directly involved in the controversy
in which the judgment shall have been rendered. To further this end,
the provisions of this chapter are hereby declared to be severable.