[HISTORY: Adopted by the Board of Trustees of the Village of Nassau 6-7-1967
by L.L. No. 1-1967. Amendments noted where applicable.]
The outdoor storage of abandoned, junked and unlicensed motor vehicles
upon privately owned properties within the Village of Nassau, New York, is
dangerous, unsightly and a detriment to the preservation of the public health,
the protection of property and the safety and welfare of the residents of
the Village of Nassau. The outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles upon privately owned properties within the Village
of Nassau constitutes an attractive nuisance to children and a peril to their
safety. Such storage constitutes a threat to the safety and welfare of the
residents of the Village of Nassau, since the fuel tanks frequently contain
gasoline or gasoline fumes and may be subject to explosion in case of fire.
Such storage depreciates the value of neighboring properties and is unsightly
and discourages the orderly progressive development of the Village of Nassau,
New York. The control of the outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles upon privately owned properties within the Village
of Nassau, New York, is therefore regulated for the preservation of the public
health, safety and welfare of the residents of the Village of Nassau, New
York.
As used in this chapter, the following terms shall have the meanings
indicated:
With regard to a motor vehicle, the intent of the owner of the motor
vehicle not to use the motor vehicle on the public highways. The intent of
the owner of the motor vehicle may be determined by the physical condition
of the motor vehicle, the statements of the owner of the motor vehicle, the
length of time since the motor vehicle has last been used on the public highway
and whether the motor vehicle is licensed or unlicensed. With respect to motor
vehicles not required to be licensed or motor vehicles not customarily used
on the public highway, the intent of the owner may be determined by the physical
condition of the motor vehicle, the length of time since it was last used
for the purposes intended and the statements of the owner.
Any motor vehicle which the owner thereof does not intend to recover
possession thereof or any motor vehicle to which ownership cannot be reasonably
determined with due inquiry.
Any motor vehicle in such condition as to cost more to repair in
order to place such motor vehicle in operating condition than the value of
the motor vehicle at any given time.
Every vehicle operated, driven or capable of being operated or driven
upon a public highway by any power other than muscular power, which includes
electric power obtained from overhead trolly wires, and includes vehicles
operated upon rails and such vehicles as are run only upon rails or tracks.
For the purposes of this chapter, "motor vehicle" shall include tractors used
exclusively for agricultural purposes, self-propelled combines, self-propelled
corn- and hay-harvesting machines and self-propelled Caterpillar- or crawler-type
equipment. For the purposes of this chapter, the term "motor vehicle" shall
include motorcycles, omnibuses and house trailers.
A person having the property in or title to a motor vehicle. The
term "owner" includes a person entitled to the use and possession of a vehicle
subject to a security interest in another person and also includes any lessee
or bailee of a motor vehicle having the use thereof, under lease or otherwise.
Includes the legal owner, contract purchaser, tenant, lessee, occupant,
undertenant, receiver or assignee of premises or property located within the
Village of Nassau, New York.
Includes all parcels of real property situate on the Village of Nassau,
New York, whether occupied or vacant, irrespective of size or topography.
Any motor vehicle which has not been licensed with the proper authorities
for a period of at least 30 days from the expiration of the last valid licensing.
[Added 9-13-1989 by L.L. No. 1-1989]
A.
One motor vehicle owned by a person in the active military
service of the United States shall be exempt from the provisions of this chapter
if said motor vehicle is otherwise in operating condition, eligible for registration
and covered with a fitted car cover.
B.
Two motor vehicles shall be exempt from the provisions
of this chapter if said motor vehicles are otherwise in operating condition,
eligible for registration and covered with a fitted car cover.
[Amended 9-13-1989 by L.L. No. 1-1989]
It shall be unlawful for any person, firm or corporation, either as
owner, occupant, lessee, agent, tenant or otherwise of any private property
within the Village of Nassau, New York, to store or deposit or cause or permit
to be stored or deposited out of doors an abandoned, junked, discarded or
unlicensed motor vehicle upon any private land within the corporate limits
of the Village of Nassau, New York.
[Amended 11-9-2006 by L.L. No. 3-2006[1]]
This article is enforceable by the Code Enforcement Officer and Deputy
Code Enforcement Officers. Said officers shall have authority to issue a summons
or an appearance ticket for a violation of this article. A summons or appearance
ticket may be issued either on the basis of such officer's personal knowledge
or on the basis of a filed complaint.
[1]
Editor's Note: This local law also repealed former § 109-5,
Service of notice, as amended.
[Amended 11-9-2006 by L.L. No. 3-2006[1]]
A violation of this article shall constitute a violation as defined
in the Penal Law of the State of New York and shall be punishable as follows:
A first offense shall be punishable by a fine of not less that $250 and not
more than $350; a second offense, within one year, shall be punishable by
a fine of not less than $350 and not more than $700; a third offense, with
three years, shall be punishable by a fine of not less than $700 and not more
than $1,000.[2]
