The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
APPLIANCE
Any mechanical or other device designed for a particular
use, regardless of whether such use would be manufacturing or industrial,
farming or agricultural, commercial or of a household nature.
BOAT
All watercraft capable of human transport without regard
to whether a license is required for use upon the waterways of the
state.
BUILDING MATERIAL AND SUPPLIES
New or used goods designed and manufactured for use in construction
or improvement of buildings or structures, or goods which are adapted
to or used for construction or improvement of buildings or structures.
MACHINERY, IMPLEMENTS and TOOLS
All devices of a mechanical nature not otherwise defined
in this chapter and specifically including inoperative pieces or parts
of motor vehicles, boats and appliances, as well as all tools of every
type and condition.
MOTOR VEHICLE
Any vehicle with two or more wheels, propelled by an engine
fueled with gasoline or any other substance, without regard to whether
or not such vehicle is licensed or licensable for highway use.
The following rebuttable presumptions shall be used in the interpretation
and enforcement of this chapter:
A. Motor vehicles.
(1) Motor vehicle not licensed for the current year. A motor vehicle
stored outdoors when such vehicle is licensable for highway use, which
has not been licensed for the current year, and when more than 30
days have passed from the date the state requires such highway vehicle
to be licensed, shall be presumed to be a stored vehicle within the
meaning of this chapter.
(2) Immobile motor vehicle. A motor vehicle which has been immobile on
a premises within the Village for more than 30 days shall be presumed
to be a stored vehicle within the meaning of this chapter.
(3) Inoperable motor vehicle. A motor vehicle which is inoperable by
virtue of visibly missing parts or equipment, or which lacks equipment
required by law, for more than 30 days, shall be presumed to be a
stored vehicle within the meaning of this chapter.
B. Boats.
(1) Unlicensed boat. Any boat stored outdoors on a premises in the Village,
of a type or class of boat which the state requires to be licensed
for use on its waterways, when more than 30 days have elapsed from
the time the state requires such boat to be licensed for the current
year, shall be presumed to be a damaged or unusable boat and in violation
of this chapter.
(2) Inoperable boat. Any boat stored outdoors in the Village, which is
not usable for its intended purpose by virtue of its visible condition
or lack of equipment required by law, shall be presumed to be a damaged
or unusable boat in violation of this chapter.
C. Appliances, machinery, implements or tools and building materials
and supplies. Any appliances, machinery, implements or tools or building
materials and supplies stored outdoors for more than 30 days shall
be presumed to be stored in violation of this chapter.
The owner or occupant of any premises in the Village who will
incur hardship because of provisions of this chapter may apply to
the Village Clerk, upon payment of the sum established by resolution
of the Village Council, for a special permit whereupon the Village
Clerk shall direct the Chief of Police to investigate the situation,
and upon the certification by the Chief of Police that the situation
does not pose any immediate and serious threat to the health, safety
and welfare of the residents of the Village, the Village Clerk shall
issue a permit allowing the continued storage of the motor vehicle,
boat, appliances, machinery, implements or building materials and
supplies, for a period not to exceed 30 days. The special permit shall
be good only for a period of 30 days and may not be consecutively
renewed.
[Amended 11-30-1997 by Ord. No. 207]
A. It shall be a violation of this chapter for the owner or occupant
of any premises in the Village, regardless of whether such owner or
occupant is an individual person or a corporation, partnership, association
or other entity, to allow or permit the parking or storage, other
than in a completely enclosed structure, of any motor vehicle that
it is not in operating condition, is not properly licensed, or does
not otherwise conform to state requirements for operation on the streets
or highways of the state. An owner or occupant who receives a citation
or notice for violation of this provision shall, upon production of
proof to an officer of the Village Police Department, within 14 days
from the issuance of such citation or notice, that the violation has
been corrected, shall have such citation or notice dismissed.
B. Exceptions. Motor vehicles may be stored outdoors by the owner or
occupant of such premises if such storage is in the regular course
of the operation of a business or reasonably incidental thereto, provided
such business is in an area zoned by the Village to permit such use
or such business is an established nonconforming use.