This ordinance shall be known and may be cited as the "City of North Tonawanda Abandoned Vehicle Ordinance."
The control of the outdoor storage of abandoned vehicles, other than within licensed junkyards, within the city is regulated for the preservation of the health, safety and general welfare of the community.
As used in this ordinance, the following terms shall have the meanings indicated. All other terms shall have the meanings normally ascribed to them in regular usage.
OWNER OF PRIVATE PROPERTYIncludes the legal owner, contract purchaser in possession, tenant, lessee, occupant, under tenant, receiver, assignee or trustee of the premises or the property located within the City of North Tonawanda.
OWNER OF THE VEHICLEThe person having the property in or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person, and also including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
PERSONIncludes a natural person, partnership and corporation.
A motor vehicle shall be deemed to be an abandoned vehicle if left unattended:
A.
With no then-valid numbered registration plates affixed thereto for more than six hours on any highway or other public place.
B.
For more than 24 hours on any highway or other public place, except a portion of a highway or public place, on which parking is legally permitted.
C.
For more than 48 hours after the parking of such vehicles shall have become illegal, if left on a portion of a highway or public place on which parking is legally permitted.
D.
For more than 96 hours on property of another if left without permission of the owner.
[Amended 6-15-1993]
Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a violation and subject to a fine of not more than $250 or imprisonment not to exceed 15 days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
Any vehicle abandoned in violation of this ordinance may be removed and stored by the Code Enforcement Officer or other agency authorized by the Common Council.
[Amended 5-15-1990]
If an abandoned vehicle, as hereinbefore defined, at the time of abandonment is of a wholesale value, taking into consideration the condition of the vehicle, of $750 or less, title shall immediately vest in the City of North Tonawanda. The city may dispose of said abandoned vehicle by selling the same to a scrap or salvage dealer or by sale at a public auction.
It is the intention herein that each separate provision of this ordinance shall be construed and deemed independent of all other provisions herein, and it is further the intention that if any provision of this section shall be declared to be invalid, all other provisions thereof shall remain valid and enforceable.
Chapter
8, Abandoned Vehicles, of the Code of the City of North Tonawanda, New York, adopted March 18, 1957, and §
103-15A(7) of Chapter
103, Zoning, of the Code of the City of North Tonawanda, New York, added April 15, 1968, is hereby repealed and replaced by this chapter.
This ordinance shall take effect immediately.