§2-11 Seizure of Vehicles Operated on Beaches Pursuant to Administrative Code §18-108.1

1. Seizure of Vehicles
   Pursuant to Administrative Code §18-108.1, any motorcycle, all terrain vehicle, snowmobile, or motor vehicle which is operated by an unauthorized person on a beach that is under the Commissioner's jurisdiction may be seized by an authorized designee of the Commissioner or a member of the Police Department.
2. Notice
   At the time of such seizure, the operator will be given a written notice explaining the procedures for obtaining release of the vehicle. The notice shall include a brief description of the vehicle, the location where the vehicle may be claimed, and the applicable charges for removal and storage. If the operator is not the owner of the vehicle, notice to the operator is deemed to be notice to the owner, but if the vehicle is registered pursuant to the Vehicle and Traffic Law, the notice shall be mailed to the registered owner as well. If the operator is less than eighteen years old, the notice shall either be personally delivered to the operator's parent or guardian or shall be mailed to the parent or guardian, if the name and address of that person is reasonably ascertainable.
3. Procedure for obtaining release of the vehicle
   1. A vehicle seized pursuant to Administrative Code §18-108.1 shall not be released to the owner or other person lawfully entitled to possession unless:
      1. owner or operator submits documentation that he or she paid all applicable fines or penalties imposed for the violation, and pays all removal and storage charges as set forth below; or
      2. if there is a proceeding pending before a court or the Environmental Control board of the City of New York (ECB), the owner or operator posts a bond or other form of security in the amount of three thousand dollars ($3000.00) which will secure the payment of such fines, penalties, and charges, or
      3. a court or the ECB adjudicates the violation and finds in favor of the operator or owner. If there is such a finding in favor of the operator or owner, any amount previously paid for release of the vehicle shall be refunded.
   2. The owner of a vehicle seized pursuant to Administrative Code §18-108.1 will be given the opportunity to receive a hearing before the ECV with respect to the seizure within five business days of the seizure, in accordance with its rules and procedures.
   3. The owner or operator may request the release of the vehicle by appearing during regular business hours at the location where the vehicle may be claimed, and presenting all of the following documentation:
      1. Current registration certificate if the vehicle is registered, or satisfactory proof of ownership of the vehicle is not registered; and
      2. Satisfactory government-issued photo identification of the person requesting the release of the vehicle; and
      3. If a representative of the owner is requesting the release, a notarized letter signed by the owner expressly authorizing the representative to claim the vehicle; and
      4. Satisfactory documentation as required by subdivision (c) (1) of this section of one of the following: the payment of all fines, penalties, and charges; or the posting of a bind; or an adjudication in favor of the operator or owner by a court or the ECB.
4. Abandoned Vehicles
   Any vehicle seized pursuant to Administrative Code §18-108.1, which is not release and removed from City property pursuant to subdivision (c) of this section within 10 days following the making of a request by the representative of the Commissioner or the Police Commissioner to remove it, shall be deemed to be an abandoned vehicle. Such request shall be sent by certified or registered mail, return receipt requested, to the registered owner of the vehicle, or if the vehicle is not registered, to the operator of the vehicle. If the operator is less than eighteen years old, the request shall be sent by certified or registered mail, return receipt requested, to the operator's parent or guardian, if the name and address of that person is reasonably ascertainable. If the vehicle is deemed abandoned, it shall be disposed of in conformance with the procedures set for the in New York State Vehicle and Traffic Law §1224, including but not limited to conversion for use by the Department.
5. Removal and Storage Charges
   The charge for removal of a vehicle pursuant to this section shall be twenty-five dollars ($25.00). The storage charge for storing a vehicle pursuant to this section shall be five dollars ($5.00) per day or fraction thereof, computed from the day the vehicle arrives at the storage facility. All charges must be paid in cash, by certified check, or by money order payable to the City of New York.

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