As used in this article, unless the context or subject matter
otherwise requires, the following terms shall have the meaning indicated:
An automobile, truck, motorcycle, motorbike, minibike, trail
bike, go-cart, snowmobile, golf cart and any other combination of
materials which, when assembled, can transport a person and is propelled
by any power other than muscular power except:
A motor vehicle which is not registered in accordance with
New York State Motor Vehicle Law for operation on public highways.
Any person under the age of 18 who is not duly licensed to
operate a motor vehicle in the State of New York.
Any paved or unpaved road or right-of-way which appears on
the Official Map of the Village or has been duly approved by the Village
Planning Board.
No person shall operate any motor vehicle, registered or unregistered,
upon any private road or upon any private property without the consent
of the owner or legal occupant thereof.
If any unregistered or registered motor vehicle is operated by an unlicensed minor in violation of § 220-17 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 same from the Police Department upon the payment of a $150
charge plus $25 for each day of fraction thereof said vehicle is stored
by the Police Department. The $150 charge and the storage fee shall
become property of the Village 30 days after the payment of same,
unless before such time the owner of such vehicle makes an application
to the Village Court requesting a hearing concerning said violation.
If after said hearing the Village Court decides such vehicle was used
in violation of this article, the impoundment charge and storage fee
shall become Village property. If the Village Court finds that such
motor vehicle was not used in violation of this article, such charge
and storage fee shall be returned to the owner of said motor vehicle.
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 or her that the Village, after 30 days from
the date of said notice, shall proceed to sell such motor vehicle
pursuant to Vehicle and Traffic Law § 1224 and the rules
and regulations of the Commissioner of Motor Vehicles. Any surplus
monies remaining after the payment of the impoundment and storage
fees and expenses shall be returned to the former owner of said motor
vehicle.
B.
For the purposes of this article, the Chief of Police shall be responsible
for receiving and caring for any personal property taken into custody,
may retain an appraiser to determine the value of same, if required
by law, which expenses shall be a part of the expenses of sale or
redemption and may dispose of any property having no value or salvage
value only either by private sale or by handling same as other Village
trash.
