It is the intent of the Village of Haverstraw
as an exercise of its police power to promote the general health,
safety and welfare of the residents of the Village by enacting this
article since it is the finding of the Board of Trustees that the
disregard by persons of summonses issued for violations of laws, ordinances,
rules or regulations involving parking, standing or stopping of vehicles
is detrimental to the health, safety and welfare of the residents
of the Village and that such disregard contributes to the development
of an attitude of lack of respect for local laws and the enforcement
thereof.
This article shall be known and may be cited
as the "Scofflaw Law of the Village of Haverstraw."
As used in this article, the following terms
shall have the meanings indicated:
Any summons that is issued and returnable subsequent to the
effective date of this article.
That notification to the owner or person of the failure on
the part of said owner or person to answer or respond to a summons
for violations of laws, ordinances, rules or regulations involving
parking, standing or stopping of vehicles. Said notice shall be mailed
by certified mail or registered mail, return receipt requested, and
shall contain information showing the summons details plus penalties
accrued.
Person having the property in or title to a vehicle, including
a person entitled to the use and possession of a vehicle subject to
a security interest in another person, and also including any lessee
or bailee having the use thereof under lease or otherwise.
Any summons that was returnable and not answered prior to
the effective date of this article.
Includes a natural person, partnership or corporation.
Every device operated, driven or capable of being operated
or driven upon a public highway by any power other than muscular power.
A.Â
Upon the failure of a person or owner of a vehicle to appear or answer, within one month of the return date or any subsequent adjourned date, a current summons or summonses charging that said person or owner with any violation of the provisions of Chapter 227 of the Village Code of the Village of Haverstraw, the trial court may double the fine that would ordinarily be imposed and further add a penalty not exceedingly $10 for each and every month thereafter that said person or owner permits said summons or summonses to remain unanswered.
B.Â
Upon the failure of a person or owner of a vehicle to appear or answer within one month after receiving notice by certified mail, return receipt requested, a past-due summons or summonses charging that said person or owner with violation of any of the provisions of Chapter 227 of the Village of Haverstraw, the trial court may double the fine that would ordinarily be imposed and further add a penalty not exceeding $10 for each and every month thereafter that said person or owner permits said past-due summons or summonses to remain unanswered.
Should any part, section or provision of this
article be decided by the court to be unconstitutional or invalid,
such decision shall not affect the validity of this article as a whole
or any part other than the part so decided to be unconstitutional
or invalid.
This article shall become effective immediately
after filing in the office of the Secretary of State, State of New
York.
