Town of Ellicott, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ellicott 6-6-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 138.
Vehicles and traffic — See Ch. 141.
Zoning — See Ch. 146.

§ 139-1 Title.

This chapter shall be known as the "Junk Vehicle Law of the Town of Ellicott."

§ 139-2 Purpose; findings.

This chapter is to provide for additional methods of remedy other than those within Town Code Chapter 138 and within other regulations and laws because, for the purpose of promoting a clean, wholesome and attractive environment, it is declared to be of importance to the health, safety and welfare of the inhabitants of the Town of Ellicott to regulate, restrain and eliminate junk vehicles within the Town of Ellicott. This chapter is enacted in recognition of the findings that outdoor storage of even a single inoperable, unregistered, unlicensed or junk vehicle as defined by this chapter constitutes a nuisance, an annoyance to owners and occupants of adjoining property and an unsightly condition adversely affecting the general public, including the value of property therein.

§ 139-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
A. 
Any wrecked, discarded, dismantled or inoperable motor vehicle or any parts thereof.
B. 
Any vehicle that does not carry a current and valid motor vehicle registration or is otherwise not in full condition for legal use on the public highway.
MOTOR VEHICLE
Any automobile, bus, truck, tractor, mobile home, recreational vehicle, motorcycle, snowmobile, and any other contraption originally intended or usable in whole or in part as motorized transportation.

§ 139-4 Junk vehicles prohibited; exceptions; removal.

A. 
The keeping of any junk vehicles as defined in § 139-3 of this chapter is prohibited within the Town of Ellicott, except as expressly permitted by this section.
B. 
Exceptions:
(1) 
One junk vehicle is permitted, provided that it is located within a fully enclosed garage so as not to be visible from neighboring properties or from a public street.
(2) 
The temporary storage of a junk motor vehicle is permitted on the New York State licensed motor vehicle repair premises that is otherwise in compliance with the zoning laws[1] of the Town of Ellicott for a period not to exceed 30 days.
[1]
Editor's Note: See Ch. 146, Zoning.
(3) 
One unregistered motor vehicle is permitted, provided that said vehicle:
(a) 
Does not fall within any of the provisions of Subsection A of the definition of "junk vehicles" in § 139-3 of this chapter.
(b) 
Carries a valid and current New York State inspection sticker or other state's valid and current inspection sticker; however, in no event shall such vehicle be stored for more than six months.
(c) 
Such vehicle is covered by a proper cover, such cover being manufactured to attractively cover the specific vehicle, and such cover being maintained as manufactured.
C. 
Notice to remove.
(1) 
A junk vehicle not within the exceptions provided above shall be removed by the property owner upon which the junk vehicle is located within four days of the notification by the Code Enforcement Officer of the Town of Ellicott or his assistant or designee.
(2) 
Notification by personal service or certified mail to the reputed owner of said vehicle, if known, or any property owner upon which said vehicle is located shall be sufficient.

§ 139-5 Enforcement; penalties for offenses.

A. 
The owner or owners of the premises upon which the junk vehicle is located, the owner of the junk vehicle, any person having possession or custody of a junk vehicle or any other person, firm, corporation or other entity which allows, permits or causes the keeping of a junk vehicle in violation of this chapter shall be punishable as provided by this chapter.
B. 
A violation of this chapter is an offense punishable by a fine not exceeding $500 and/or imprisonment not exceeding 15 days. Each day that a violation continues after four days from service of the notification to remove the vehicle shall constitute a separate offense and shall be punishable as herein provided.
C. 
In the event of the failure to remove a junk vehicle after the four-day notification to remove, the Code Enforcement Officer is authorized to initiate the assistance of the Town of Ellicott Police Department to cause the removal of said vehicle or vehicles, and all costs thereof, including storage, shall be at the sole expense of the property owner and/or owner of the junk vehicle. Said vehicle or vehicles, if unclaimed after four days, shall be deemed abandoned and may be sold or otherwise disposed of in accordance with § 1224 of the Vehicle and Traffic Law of the State of New York or other applicable provisions of law.
D. 
If the junk vehicle is kept on property owned by another, then the property owner shall not be liable for any penalties, unless:
(1) 
Said property owner consented or permitted or caused the keeping of the junk vehicle on said owner's property or prevented or obstructed the removal of such vehicles.
E. 
The notification form to be used pursuant to this chapter is attached hereto and made a part hereof.[1]
[1]
Editor's Note: The notification form is on file in the Town offices.