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:
UNLAWFUL SPEED CONTEST
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.
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.