[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 10-10-1979 as L.L. No. 12-1979. Amendments noted
where applicable.]
This chapter shall be known as and entitled
"Abandoned and Junk Vehicles Local Law of the Town of Tuxedo."
The outdoor storage of abandoned, junked, discarded
or unlicensed vehicles on privately owned property within the Town
of Tuxedo is detrimental to the health, safety and general welfare
of the community and constitutes a detriment to a clean, wholesome,
safe and attractive environment that is important to the community.
The storage of such vehicles endangers the person and property of
members of the community and constitutes a potential nuisance to the
children of the community. The fuel tanks of abandoned or junk vehicles
contain gasoline or petroleum fumes and constitute an ever-present
danger of explosion. Abandoned or junk vehicles often contain broken
glass and sharp metal edges and usually are stored or abandoned with
batteries containing harmful acids. The control of the outdoor storage
of abandoned or junk vehicles on privately owned property in the Town
of Tuxedo is therefore regulated for the preservation of the health,
safety and general welfare of the community.
As used in this chapter, the following terms
shall have the meanings indicated:
The intent of the owner of a vehicle not to use it on the
public highways or as a conveyance in the manner for which said vehicle
was originally designed shall establish it as abandoned. The intent
of the owner shall be determined by the physical condition of the
vehicle, any statements as to its abandonment, the length of time
since the vehicle was last used, whether the vehicle is currently
licensed and other relevant facts.
Any vehicle which the owner thereof as established by the
surrounding circumstances does not intend to recover the possession
of, or any vehicle the owner of which cannot be found after due and
reasonable inquiry.
Any vehicle in such condition as to cost more to repair and
place the same in operating condition than the reasonable market value
before such repair.
The term "premises" or "property," as used in this chapter,
includes all parcels of real property privately owned, situated in
the Town of Tuxedo, whether occupied or vacant.
Any person, firm, corporation or association 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 including any lessee or bailee of a vehicle having the
use thereof under lease or otherwise.
Any vehicle which may be licensed or registered with the
State of New York and is not currently registered. The fact that a
vehicle which may be licensed or registered with the State of New
York does not display a current license plate or displays an expired
license plate shall be presumptive evidence of the fact that such
motor vehicle is not currently licensed or registered.
Every motor vehicle or other conveyance originally designed
and intended to be operated, drawn or driven or capable of being operated,
drawn or driven upon a public highway by any power other than muscular
power, together with all conveyances popularly referred to as "snowmobiles,"
"all-terrain vehicles" and "jitneys," as well as any other substantially
rebuilt, modified or altered motor vehicles. For the purpose of this
chapter, the term "motor vehicle" shall include but not be limited
to automobiles, trucks, buses, motorcycles and trailers.
It shall be unlawful for any person, firm or
corporation, either as owner, occupant, lessee, agent, tenant or otherwise
of property within the Town of Tuxedo, to store or deposit, or cause
or permit to be stored or deposited, an abandoned, junk or discarded
vehicle, or part or piece thereof, on any private property within
the Town of Tuxedo, unless:
A.Â
Such vehicle is stored or deposited in a completely
enclosed building; or
B.Â
Such vehicle is under repair, reconstruction or refurbishing
by the owner thereof, who must actually be residing upon the premises.
Such vehicle must be maintained and protected so as not to create
any safety hazard or nuisance to surrounding property owners and shall
not remain on the premises for more than one month.
[Amended 7-13-1988 by L.L. No. 5-1988]
The owner, tenant or occupant of property located
within the Town of Tuxedo is hereby required to remove all abandoned,
junk, discarded or unlicensed vehicles, as hereinabove defined, when
ordered to do so by the Building Inspector, within five days of written
notice thereof. Said written notice shall be served on the owner,
tenant or occupant. If the owner of said lands is a nonresident of
the Town of Tuxedo, the notice to remove mailed to such owner, addressed
to his last known address, shall be sufficient service thereof.
[Added 7-13-1988 by L.L. No. 5-1988]
A.Â
Failure to comply with the direction of the Building
Inspector as aforesaid shall constitute an offense against this chapter.
B.Â
Any person committing an offense against any provision
of this chapter shall be guilty of a violation punishable by a fine
not exceeding $1,000 or by imprisonment for a term not exceeding 15
days, or by both such fine and imprisonment. The continuation of an
offense against the provisions of this chapter shall constitute, for
each day the offense is continued, a separate and distinct offense
hereunder.
[Added 7-13-1988 by L.L. No. 5-1988]
The Town Board, by resolution, may cause any
abandoned, junk, discarded or unlicensed vehicle as herein defined
to be removed from any property within the Town of Tuxedo upon the
failure of such owner, tenant or occupant to comply with the written
notice aforementioned within the time limit. Said removal may be performed
by the Building Inspector or other designee, including a private contractor.
The Town Board shall ascertain the cost of such removal, and such
cost shall be charged and assessed against the owner, tenant or occupant
of the property. The expense so assessed shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Town charges. The removal of any abandoned,
junk, discarded or unlicensed vehicles by the Town of Tuxedo or its
designee shall not operate to excuse such owner, tenant or occupant
from properly maintaining their property as hereinabove set forth,
and such owner, tenant or occupant shall, notwithstanding, be subject
to the penalties above mentioned.
[Added 7-13-1988 by L.L. No. 5-1988]
If any section, paragraph, subdivision or provision
of this chapter shall be invalid, such invalidity shall apply only
to the section, paragraph, subdivision or provisions adjudged invalid
and the rest of this chapter shall remain valid and effective.
[Added 7-13-1988 by L.L. No. 5-1988]
This chapter shall become effective immediately
upon the filing with the Secretary of State.
