[HISTORY: Adopted by the Board of Trustees
of the Village of Montour Falls 5-6-1991 by L.L. No. 1-1991.
Amendments noted where applicable.]
The Board of Trustees finds that the accumulation
of inoperable motor vehicles (commonly called "junk motor vehicles")
on premises wherein the keeping or storage thereof is not otherwise
authorized is an unsightly threat to the devaluation of property values,
a potential safety hazard for children, a source of annoyance to neighboring
property owners, a general public nuisance and a threat to the environment.
Accordingly, the Board declares that the accumulation of such junk
vehicles constitutes a threat to public health and safety sufficient
to invoke its police power in the termination thereof by adoption
of this chapter for enforcement in the criminal courts and by way
of injunctive relief, or both.
As used in this chapter, the following terms
shall have the meanings indicated:
A motor vehicle which does not currently display both a validly
issued license plate evidencing such vehicle's current registration
and a currently valid safety inspection sticker. The fact that such
a vehicle is capable of locomotion shall not affect its inclusion
within this definition. Inoperable motor vehicles shall not include
bona fide snow removal equipment incorporating permanently installed,
chassis-mounted plows or salt/sand spreaders.
[Amended 3-15-1999 by L.L. No. 1-1999; 7-16-2007 by L.L. No.
5-2007]
All vehicles propelled by a means other than muscular power
and intended for use on public highways as defined in § 125
of the New York State Vehicle and Traffic Law.
Any location within the Village, including the public streets
and public parking lots.
The keeping or storage of such a vehicle upon premises anywhere
within the Village of Montour Falls, except where such keeping or
storage is:
On the premises of a New York State Department of Motor Vehicles registered motor vehicle repair shop or a public gasoline/service station, provided that such repair shop or gasoline/service station is permitted under Chapter 160, Zoning, and such other state laws and regulations as may apply thereto; provided further, however, that the number of inoperable motor vehicles on any premises excepted under this subsection or Subsection B below shall be limited to two.
On the premises of a licensed automobile dealer when the location of such dealer premises is permitted under Chapter 160, Zoning.
In a permanent building.
On the grounds of an industrial facility in
an industrial district or existing as a prior nonconforming use.
[Amended 8-21-1995 by L.L. No. 4-1995]
A junkyard licensed by the Village in accordance
with § 136 of the General Municipal Law.
It shall be unlawful for any person, firm, corporation
or other entity, either as owner, lessee or occupant or otherwise,
to cause or permit the unauthorized accumulation of inoperable motor
vehicles anywhere within the limits of the Village of Montour Falls.
A.Â
If the person or entity responsible for causing or
permitting the unauthorized accumulation of inoperable motor vehicle(s)
cannot be ascertained upon reasonable inquiry, the owner of the premises
whereupon such vehicle is found shall be notified to remove the same
via certified mail, return receipt requested, by the Village Clerk.
B.Â
If the owner of the premises shall not remove or cause
to be removed the offending vehicle(s) within 72 hours of notification,
such owner shall be liable hereunder.
[Amended 3-15-1999 by L.L. No. 1-1999; 7-6-2004 by L.L. No.
2-2004]
Violators hereof shall be guilty of a violation
in accordance with Penal Law § 10.00, Subdivision 3, or
any amendments thereto punishable by a fine not exceeding $250 in
accordance with Penal Law § 80.05, Subdivision 4, or any
amendments thereto and a term of imprisonment not to exceed 15 days.
Each week that such violation persists shall constitute a separate
offense hereunder.
Nothing herein shall be construed as inhibiting
the power of the Village to seek civil redress for violations by way
of injunctive or declaratory relief or such other remedy as may lie
or to proceed simultaneously by way of civil and criminal action(s)
against violators.
Violators hereof shall be issued an appearance
ticket by the Village Clerk returnable in the Village Court and may
be prosecuted therein by the Village Attorney or the District Attorney.
Inoperable motor vehicles found within the Village
streets rights-of-way or on other Village property whose owners cannot
with reasonable diligence be ascertained may be treated as abandoned
property under the provisions of the Personal Property and General
Municipal Laws.
