[HISTORY: Adopted by the Board of Trustees of the Village of Oyster
Bay Cove 8-24-1971 by L.L. No. 2-1971.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Automobile, truck, motorcycle, motor bike, minibike, trail bike,
go-cart, snowmobile, golf cart and any other combination of materials which
assembled can transport a person and is propelled by any power other than
muscular power except:
The Oyster Bay Cove Police Department.
Any member of the Police Department.
Any paved or unpaved lane, road or right-of-way which appears on
the Official Map of the Village or has been duly approved by the Village Planning
Board.
Any person under the age of 21 who is not duly licensed to operate
a motor vehicle in the State of New York.
A motor vehicle which is not registered with the New York State Department
of Motor Vehicles for operation on public highways.
The Incorporated Village of Oyster Bay Cove.
No person shall operate an unregistered motor vehicle and no unlicensed
minor shall operate a registered motor vehicle on any private or public road
in the Village or without permission on the property of another person.
If an unregistered or registered motor vehicle is operated by an unlicensed minor in violation of § 308-2 of this chapter any police officer shall, upon the written complaint of any resident of the Village or upon said police officer witnessing such violation, impound the particular motor vehicle involved in such violation and store the same with the Police Department.
A.
When a motor vehicle is impounded pursuant to this chapter,
the owner may redeem same from the Police Department upon the payment of a
fine of $50 plus $2 for each day or fraction thereof said vehicle is stored
by the Police Department. The fine of $50 and storage fee shall become the
property of the Village 30 days after the payment of same unless before such
time the owner of said vehicle makes an application to the Village Court requesting
a hearing concerning said violation. If after said hearing the Village Court
decides said vehicle was used in violation of this chapter the fine and storage
fee shall become Village property. If the Village Court finds that said motor
vehicle was not used in violation of this chapter said fine and storage fee
shall be returned to the owner of said motor vehicle.
B.
If an unregistered impounded motor vehicle is not redeemed
within 60 days from the time it is impounded, the Police Department shall
mail a notice to the owner thereof by certified mail, return receipt requested,
advising him that the Village, after 30 days from the date of said notice,
shall sell said motor vehicle at public auction and retain that portion of
the proceeds therefrom needed for the payment of the aforementioned fine of
$50 and per-day storage fee of $2. Any surplus moneys remaining after the
payment of said fine and storage fee shall be returned to the former owner
of said motor vehicle.
If an unregistered motor vehicle is operated by a person other than an unlicensed minor in violation of § 308-2 of this chapter, said person shall be liable to a fine of not less than $50 nor more than $250.
