[HISTORY: Adopted by the Town Board of the Town of Dickinson 6-11-2001 by L.L. No.
4-2001 (Ch. 97 of the 1983 Code). Amendments noted
where applicable.]
The outdoor storage of abandoned, junked, discarded or inoperative
motor vehicles upon privately owned and public properties within the
Town increases with the passage of time. It is a source of vexation
and annoyance, not only to the members of the traveling public, but
to the owners and occupants of adjoining lands. The outdoor storage
of such vehicles upon private lands is unsightly. It constitutes an
attractive nuisance to children and a peril to their safety and adds
to the risk of fire of explosion and environmental contamination whenever
gasoline or other fluids are left in such vehicles. It depreciates
the values of neighboring properties. The preservation of peace and
good order, the suppression of vice, the benefit of trade, the preservation
of public health and safety, the protection of property, the prevention
and extinguishment of fires and explosions, and preservation of the
environment compel the Town of Dickinson Town Board to legislate upon
this subject matter. It is hereby declared that the adoption of this
chapter has for its purpose the effective protection of the public
health, safety and welfare and the termination of such obnoxious,
harmful, unhealthy and dangerous practices.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle originally or currently propelled or drawn by
power, other than muscular power, originally or currently intended
for use on public highways, private roads or trails, or across open
terrain, which said definition shall include but not be limited to
automobiles, buses, trailers, trucks, tractors, motorcycles, minibicycles,
detachable truck bodies and campers, pumps, tanks or any other device
used in connection with a motor vehicle as hereinbefore defined.
Whenever a motor vehicle does not have a current valid New
York State registration, license and inspection, such motor vehicle
shall be presumed to be no longer intended or in condition for legal
use on the public highway.
Storage other than in a completely enclosed structure such
as a garage, which such open structure shall be constructed completely
of wood, brick, masonry blocks or metal.
It shall be unlawful and a violation of this chapter for any
person, entity, firm or corporation, either as owner, occupant, lessee,
agent, tenant or otherwise, to openly park, leave, store or deposit,
or cause or allow or permit to be parked, left, stored or deposited,
any motor vehicle no longer intended or in condition for legal use
on the public highway, or parts or waste material from such motor
vehicles, upon any private or public land or premises or highway within
the limits of the Town of Dickinson.
A.
In the event of a charge of a violation of the provisions of this
chapter occurring upon private land or premises or highway, and prior
to the Town causing the removal and/or destruction of any motor vehicle
which is in violation of this chapter, the Code Enforcement Officer
or other law enforcement officer shall serve, or cause to be served,
either personally or by mail, a written notice upon the owner, occupant,
lessee, agent, tenant or person having charge of the land where such
violation occurs to comply with the provisions of this chapter. If
the person so served fails or refuses to comply with the provisions
of this chapter within 15 days after the service of such notice, the
Town of Dickinson shall cause such motor vehicle to be removed and
destroyed and such nuisance to be suppressed. All costs incurred by
the Town, including the cost of causing the removal and/or destruction
of any such motor vehicle, shall be assessed against the land where
the violation occurs and shall constitute a lien thereon and shall
be collected as provided by law. The Town shall also have all rights
and remedies to collect said sum from the owner in a civil proceeding
or as restitution in a proceeding under this chapter.
B.
In case of a charge of a violation of the provisions of this chapter
occurring upon public land or premises or highway, prior to causing
the removal and/or destruction of any motor vehicle which is in violation
of this chapter, the Code Enforcement Officer or other law enforcement
officer shall serve, or cause to be served, either personally or by
mail, a written notice upon the owner of the motor vehicle to comply
with the provisions of this chapter. If the person so served fails
or refuses to comply with the provisions of this chapter within 15
days after service of such notice, the Town of Dickinson shall cause
such motor vehicle to be removed and/or destroyed and such violation
to be remedied. All costs incurred by the Town, including the cost
of causing the removal and/or destruction of any such motor vehicle,
shall be assessed against the land where the violation occurs, shall
be the responsibility of the owner, and the Town of Dickinson shall
have all rights and remedies to collect said sum from the owner in
a civil proceeding or as restitution in the proceeding under this
chapter.
C.
In the event the Highway Superintendent of the Town of Dickinson finds that a vehicle subject to a charge under Subsection B of this section is a safety hazard, the Code Enforcement Officer or other law enforcement officer shall cause such vehicle to be removed from the public land or premises or highway and stored prior to the expiration of the fifteen-day period set forth in Subsection B above.
A.
Upon written application and the fee of $20, the Town Code Enforcement
Officer shall issue a permit for the open storage of one motor vehicle
otherwise prohibited by this chapter, pending the making of such repairs
as are necessary to place this vehicle in condition for legal operation
for use on the public highway or for such use as it was originally
intended.
B.
This application shall:
(1)
Include a representation and agreement by the applicant that the
applicant intends, within the permit period, to make all such necessary
repairs, and that if such repairs have not been made by the end of
the permit period, the applicant will terminate open storage of such
motor vehicle within the Town of Dickinson.
(2)
State whether the applicant is the owner of said vehicle or, if not,
the name and address of the owner, together with a complete description
of the vehicle, the repairs to be effected and whether the applicant
will make the repairs himself or herself or, if not, the person or
persons who will make such repairs.
(3)
Set forth the place where the vehicle is presently stored, the place
where the repairs will be made and the name and address of the owner
of such property or the tenant in possession.
C.
The vehicle shall be adequately supported and shall not create a
safety hazard while repairs are being made. Any violation will result
in the immediate revocation of the restoration permit, and the vehicle
shall be subject to the provisions of this chapter.
D.
A separate permit shall be required for each vehicle and shall only
be valid as to that vehicle and as to that particular place of storage
designated in the application. All permits shall be issued for not
in excess of 60 days. No more than one permit shall be issued for
each vehicle.
E.
Vehicles in violation of this chapter after the expiration of the permit herein provided for shall be removed and destroyed by the Town pursuant to the provisions of § 535-4 of this chapter.
F.
A copy of the restoration permit shall be taped to the interior of
the windshield of the vehicle. If the vehicle is visible from the
street, the permit shall be placed so that it is visible from the
street.
A.
Upon the written application and a fee of $10, the Town Code Enforcement
Officer shall issue a permit for the open storage of one vehicle for
the purpose of offering a vehicle for sale that is currently not registered
or licensed or inspected under New York State law subject to the following
conditions:
B.
Only one vehicle at a time per property may be presented for sale
by permit issued pursuant to this section. A separate permit shall
be required for each vehicle offered for sale and shall only be valid
as to that vehicle. A permit shall be issued for not in excess of
60 days. A permit may be extended for up to 30 days for an additional
charge of $10.
[Amended 10-11-2004 by L.L. No. 10-2004; 3-9-2009 by L.L. No.
2-2009]
Upon written application and a fee of $10, the Town Code Enforcement
Officer shall issue a seasonal vehicle permit for the outdoor storage
of one seasonal use vehicle on a parcel of property, subject to the
following conditions:
A.
The vehicle shall be owned by one of the inhabitants of the property.
B.
The vehicle shall have a current registration and inspection sticker
permanently attached to the windshield.
C.
The permit shall be issued for not more than 180 days.
D.
The permit shall not be issued if the property has a for sale or
restoration permit issued for another vehicle.
A.
No legal action shall be taken against any person, firm or corporation
with regard to any violation of this chapter prior to this amendment,
which violation exists on the date of the enactment of this amendment
to this chapter; provided, however, that such person, entity, firm
or corporation terminates all violations either by removal, repair
or permit, as herein provided, within 30 days of the effective date
of this chapter.
B.
The provisions of the amnesty clause shall not be interpreted as
making legal for any other purpose the storage of any vehicle, or
to create any nonconforming use to or to create any break in time
with regard to the length of time that any vehicle has been illegally
stored.
An enforcement officer and/or the Town Board of the Town of
Dickinson may make reasonable rulings and may issue reasonable regulations,
including application forms and permits, for the furtherance of this
chapter.
A.
Any person in violation of any provision of this chapter shall, upon
conviction, be guilty of a violation pursuant to the Penal Law of
the State of New York, punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment.
B.
Any person found guilty of a second or subsequent violation of this
chapter shall, upon conviction, be guilty of a violation of the Penal
Law of the State of New York, punishable by a fine not less than $250
or by imprisonment for a term not to exceed 15 days, or by both such
fine and imprisonment.[1]
C.
In addition to the above provided penalties, the Town of Dickinson
may also maintain an action or proceeding, in the name of the Town,
in a court of competent jurisdiction, to compel compliance with, or
to restrain by injunction, the violation of this chapter.
