[Adopted 1-19-2021 by L.L. No. 2-2021]
This Part IV shall be known and may be cited as the "Yorktown
Forfeiture of Vehicles in Connection with Drag Racing Law."
The Town Board of the Town of Yorktown recognizes the potential
adverse impact on the health, safety and general welfare of the residents
of the Town of Yorktown, and to property within the Town, by the use
of vehicles in unlawful speed contests. The purpose of this Part is
to deter illegal speed contests by permitting the seizure and forfeiture
of vehicles involved in unlawful speed contests.
As used in this article, the following terms shall have the
meanings indicated:
The operation of two or more vehicles from a point side by
side at accelerating speeds in a competitive attempt to outdistance
each other, or the operation of one or more vehicles over a common
selected course from the same point to the same point wherein timing
is made of the participating vehicles involving competitive accelerations
or speeds. The operation of two or more vehicles side by side, either
at speeds in excess of permitted speeds on any public street, highway
or place within the Town or rapidly accelerating from a common starting
point to a speed in excess of such permitted speeds, shall be prima
facie evidence of an unlawful speed contest.
A.
The Town Board may authorize commencement of a civil action for forfeiture to the Town of Yorktown 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 a Yorktown police officer for engaging in or aiding or abetting any motor vehicle in an unlawful 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 (including § 275-17F of this code) arising out of such arrest or summons. In order to establish its case in any action commenced under this article, the Town shall demonstrate, by a preponderance of the evidence in the civil forfeiture proceeding, that such person engaged in or aided or abetted any motor vehicle in an unlawful 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.
A civil action seeking forfeiture brought pursuant to this section shall be commenced in the Supreme Court of the County of Westchester within 60 days after such person has been convicted or pled guilty as set forth in Subsection A. The Yorktown Police Department shall make a timely notification to the Town Attorney regarding such disposition of the applicable criminal action or proceeding regarding such person.
A.
A person who is arrested or receives a summons by any police officer
of the Town of Yorktown Police Department for an offense under § 1182
of the Vehicle and Traffic Law, shall receive written notice from
the Police Department after 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.
B.
In the event that the driver is not the registered owner of the vehicle,
separate written notice shall be provided to the registered owner
of the vehicle. Notice shall also be provided to any lienholder, to
the extent that information is reasonably obtainable. 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.
C.
Whenever a person has been arrested for an offense under § 1182
of the Vehicle and Traffic Law, the Yorktown Police Department may
have the vehicle removed and impounded, and charge the driver and
owner thereof for all expenses of removal and storage, along with
the applicable fines.
D.
If the vehicle so removed is not redeemed, or if the applicable fines
and costs of removal are not paid within 30 days after the levy of
the fines, the Town may undertake to sell the vehicle at public auction.
A.
The owner of a vehicle subject to forfeiture pursuant to this article must notify the Town of any intention to transfer ownership or possession of such vehicle, no later than 15 days prior to such transfer. Notice provided by the Police Department under § 275-45 shall set forth the time and manner and procedures for such notification to the Town. The provisions of this section shall remain in effect until the resolution of the forfeiture proceeding; provided, however, that the notice requirement herein shall expire as follows:
B.
Applicability to lessors and lienholders of vehicles.
(1)
Nothing in this section shall be construed to affect the ability
of an entity that leases vehicles or a lienholder to exercise its
lawful rights to obtain possession of a vehicle under a contract or
applicable law.
C.
A person who transfers title or possession of a vehicle without providing
notice to the Town as required by this section shall be subject, upon
a judgment that the vehicle shall be forfeited, to a penalty in the
amount of $1,500 in addition to the fair market value of the vehicle
at the time of the arrest. Evidence of such fair market value may
be established with reference to publications such as, but not limited
to, Kelley Blue Book or NADA guide.
A.
Upon receiving notification pursuant to section § 275-46, the Town may apply for a court order, either prior to or subsequent to the commencement of the civil forfeiture proceeding, to ensure that the vehicle remains available pending the outcome of the civil forfeiture proceeding pursuant to this Part. In such an application, the Town may request appropriate measures including, but not limited to, an order of the court restraining the transfer of title or possession of such vehicle, retention by the Town of the vehicle pending the outcome of the forfeiture proceeding, or a bond in the amount of $1,500 plus the fair market value of the vehicle at the time of the arrest, to be determined as set forth in Subsection C of § 275-46.
B.
If a person is arrested or summonsed by the Town of Yorktown Police Department for an offense under § 1182 of the Vehicle and Traffic Law and such person is not convicted or does not plead guilty to any offense arising out of such arrest or summons, any vehicle retained pursuant to Subsection A of this section will be returned to such person, or in the event that another person has a superior right of possession in such property, to such other person.
A.
It shall be an affirmative defense to an action brought pursuant
to this article that the owner of the vehicle, other than the person
arrested or summonsed for an offense under § 1182 of the
Vehicle and Traffic Law, did not have actual or constructive knowledge
that the vehicle would be used or operated in violation of any such
offenses or that the owner took reasonable steps to prevent use of
the vehicle by the person arrested or summonsed.
B.
Subject to the provisions of Subsection A of this section, the interest of a lienholder in such vehicle shall not be subject to forfeiture pursuant to this Part; provided, however, that this provision shall not be construed to entitle a lienholder to more than the outstanding balance of the lien. For purposes of this subsection, the term "lienholder" shall mean any person, corporation, partnership, firm, agency, association or other entity who at the time of an arrest or summonsing pursuant to this article, has a financial interest recorded as a lien with the Department of Motor Vehicles of New York State or any other state, territory, district, province, nation or other jurisdiction, except that "lienholder" shall not mean an entity that leases vehicles pursuant to a written agreement subject to the New York State Personal Property Law or the Uniform Commercial Code. Nothing in this provision shall be construed to prevent a lienholder whose lien is not so recorded from intervening in any action or proceeding under this article.
Following a determination by the court pursuant to this Part
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 Town. 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 Town
Board shall be empowered to compromise, settle, or adjust rights,
claims, demands or causes of action in favor of or against the Town
arising under this Part.
A.
After a judicial determination of forfeiture, the Yorktown Police Department shall effect seizure of the vehicle, if such vehicle has not already been retained by the Town pursuant to § 275-47 of this Part, unless relief from such judicial determination by the court pursuant to § 275-49 of this article would prevent such seizure, or the Town Board has otherwise compromised, settled or adjusted the matter pursuant to § 275-50 of this Part, in a manner that renders such seizure unnecessary. Following such seizure, the Yorktown Police Department shall either:
(1)
Retain such seized vehicle for the official use of its office, division
or department; or
(2)
Transfer such seized vehicle to any Town agency, department, board
or commission demonstrating need for such seized vehicle, so that
such seized vehicle may be put into official use by that agency, department,
board or commission; or
(3)
Transfer such seized vehicle to any Town-funded agency or organization
demonstrating need for such seized vehicle, so that such seized 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 subparagraph may result
in an in- kind deduction from those funds paid by the Town to the
specific agency or organization; or
(4)
By a public notice of at least five days, sell such forfeited property
at a public sale conducted by the Town of Yorktown.
B.
The net proceeds from any sale pursuant to Subsection A(4) of this section or from any compromise, settlement or adjustment under § 275-50 of this Part, after deduction of the lawful expenses incurred, shall be paid into an account designated to hold the funds procured through the sale. Monies paid into this account shall be used for the costs of the respective Town departments administering the provisions of this article, including but not limited to, costs of seizing property, publication service and legal costs; any balance shall be used to fund traffic safety enhancements.
