[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-10-1974 by L.L. No. 1-1974
as Art. 22 of the 1974 General Ordinance]
As used in this article, the following terms shall have the meanings
indicated:
An automobile, truck, motorcycle, motor bike, minibike, trail bike,
go-cart, snowmobile, golf cart or any other combination of materials which
assembled can transport a person and is propelled by any power other than
muscular power, except electrically or mechanically driven invalid chairs
being operated or driven by an invalid, fire and police vehicles and self-propelled
tractors and caterpillar or crawler-type equipment while being operated on
a contract site.
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 18 who is not duly licensed to operate
a motor vehicle in the State of New York.
A motor vehicle which is not registered in accordance with the New
York State Vehicle and Traffic Law for operation on public highways.
No unlicensed minor shall operate a registered or unregistered motor
vehicle on any public road in the village, on the property of another person
without the consent of the owner or on any private road without the consent
of the owner.
If an unregistered or registered motor vehicle is operated by an unlicensed minor in violation of § 101-2 of this article, 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 article,
the owner may redeem the same from the Police Department upon the payment
of a fine of $200 plus $5 for each day or fraction thereof said vehicle is
stored by the Police Department.
B.
The fine of $200 and storage fee shall become the property
of the village 30 days after the payment of the 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 that said vehicle was used in violation of this article, 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 article, said fine
and storage fee shall be returned to the owner of said motor vehicle.
C.
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 $200 and storage fee of $5 per day. Any surplus moneys remaining after
the payment of said fine and storage fee shall be returned to the former owner
of said motor vehicle.
