The outdoor storage of abandoned vehicles within the Village,
other than within licensed junkyards, is detrimental to the health,
safety and general welfare of the community. It also constitutes an
attractive nuisance to children and in many ways imperils their safety;
endangers persons and property since fuel tanks containing gasoline
or gasoline fumes may easily explode; is unsightly and depreciates
property values; and provides nesting places for rats, mice and other
rodents. The control of the outdoor storage of abandoned and unlicensed
motor vehicles, other than within licensed junkyards, within the Village
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:
ABANDON(ED)
Includes abandon(ed), discard(ed) and junk(ed).
ANTIQUE MOTOR VEHICLE
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformity with the manufacturer’s specifications
and appearance.
CLASSIC MOTOR VEHICLE
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored, or will be maintained
in or restored, to a condition which is substantially in conformity
with the manufacturer’s specifications and appearance.
OWNER OF PRIVATE PROPERTY
Includes the legal owner, contract purchaser in possession,
tenant, lessee, occupant, undertenant, receiver, assignee or trustee
of premises or property located within the Village of Williamsville.
OWNER OF VEHICLE
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.
PERSON
Includes a natural person, partnership and corporation.
VEHICLE
Every vehicle operated, driven or capable of being operated
or driven upon a public highway by any power other than muscular power.
VILLAGE
The area within the Village of Williamsville.
A 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 in any other public place.
B. For more
than 24 hours on any highway or in any 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 vehicle 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 seven days on property of another, if left without permission
of the owner.
Any vehicle abandoned in violation of this chapter may be removed
and stored by the Police Department or other agency authorized by
the Village Board.
If an abandoned vehicle, as hereinbefore defined, at the time
of abandonment has no numbered plates affixed and is of a wholesale
value, taking into consideration the condition of the vehicle, of
$100 or less, such value to be established by a person to be designated
by the Village Code Enforcement Officer for such purpose, title shall
immediately vest in the Village of Williamsville.
An antique or classic motor vehicle that is in the process of
being restored may be kept out of doors upon the premises of the owner
of said vehicle for a period of 12 months to allow the restoration
to be completed, provided that the vehicle is stored behind the required
front yard on an adequately maintained surface in the side or rear
yard and is at least 10 feet from the property line, and provided
further that such vehicle or any component part thereof is covered
with a tarpaulin or custom cover made for vehicles or is otherwise
hidden from public view with proper screening.