[HISTORY: Adopted by the Town Board of the Town of Newfane 4-17-1956; amended in
its entirety 12-23-1958 (Ch. 37 of the 1971 Code). Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 270.
It is the purpose of this chapter to promote the health, safety,
morals and general welfare of the inhabitants of the Town of Newfane
by the more efficient regulation of house trailers and house trailer
camps.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any vehicles used or capable of being used as sleeping
or living quarters, mounted on wheels, or otherwise, and includes
an automobile trailer equipped with living quarters or sleeping facilities
and a house car, and also shall include any recreational vehicle,
travel trailer, camper, or tent.
[Amended 11-24-2004 by L.L. No. 7-2004]
Any lot, piece or parcel of ground whereon two or more house
trailers, house cars or automobile trailers equipped with sleeping
or living quarters are located or parked otherwise than for the purpose
of loading, unloading or discharge or entrance of occupants or passengers.
A.
House trailer. No person or persons being the owner or occupant of
any land or premises within the Town of Newfane shall use or permit
the use of such premises for the parking, storage or other location
of a house trailer unless such trailer shall have been registered
and a permit obtained as hereinafter provided, nor shall the owner
or operator of a house trailer park, store or otherwise locate said
house trailer upon any premises within the Town of Newfane without
obtaining a license therefor as hereinafter provided, except persons
holding a building permit with permission for the use of a house trailer,
as provided in the Zoning Ordinance of the Town of Newfane. However,
nothing in this chapter shall prevent a gratuitous guest from parking
a house trailer upon any land or premises owned by the host of such
gratuitous guest for a period of not to exceed 30 days in any one
calendar year, provided that such house trailer is registered from
an address outside of the Town of Newfane and sanitary conditions
are maintained and no direct or indirect charge is paid.
B.
House trailer camp. No person or persons being the owner or occupant
of any land or premises within the Town of Newfane shall use or permit
the use of said land or premises as a house trailer camp without obtaining
a license therefor as hereinafter provided.
C.
No property owner shall park any house trailer as defined in § 238-2 on his or her own property for his or her own living purpose for any period in excess of 30 days in any one calendar year, and occupancy during the aforesaid thirty-day period shall only be permitted in the event such house trailer is properly registered and sanitary conditions (including sewer connections) are maintained.
[Added 11-24-2004 by L.L. No. 7-2004]
A.
Issuance of license. The Town Clerk, upon written application and
upon receipt of the license fee therefor, may, with the approval of
the Town Board of the Town of Newfane, issue a license to become effective
from the date thereof and to continue in force for the term specified
therein, but in no event longer than through the 31st day of December
next succeeding, for the use of premises therein specified as a house
trailer camp. Such license shall not be transferable or assignable.
B.
Application for license. Application may be made by letter or in
such other form as required by the Town Board.
(1)
The application for such license shall state:
(a)
The name and address of the applicant, if an individual, and the
names and addresses of the partners, if a partnership, and the names
and addresses of the principal officers, if a corporation.
(b)
The name and address of the owner of the premises upon which the
house trailer camp is to be located and, if the applicant is not the
owner of such premises, the nature of the interest of the applicant
therein.
(c)
A description of the land and premises upon which the house trailer
camp is located or upon which the proposed house trailer camp is to
be located.
(2)
A complete plan shall be filed showing the location of the property
and the layout of the trailer camp thereon and the area to be used
for such purpose, including roadways, the maximum number of trailers
to be accommodated or placed thereon, the existing or proposed sanitary
conveniences and other facilities, the method of sewage disposal or
removal, the plan for water supplies and electric lights, and the
plan for proposed toilet, bath and washroom facilities.
(3)
The Town Clerk shall present such application to the Town Board for
approval or rejection.
C.
Fees. The application for such annual license or the renewal thereof
shall be filed with the Town Clerk and shall be accompanied by a fee
of $25. Thereafter each trailer shall be assessed on the tax rolls
of the Town against the trailer camp owners in accordance with Section
102 of the New York Real Property Tax Law. No other fees (other than
the annual license fee) shall be charged against the trailer camp
owner; provided, however, that each trailer is assessed and placed
on the tax rolls and that the school, county, Town and state taxes
have been paid for the current year. In the event that each trailer
is not on the tax rolls and the tax paid for the current year, then
and in that event the trailer camp owner shall pay a monthly fee for
each month or any portion thereof that each trailer occupies a trailer
space, and the monthly fee therefor shall be $6.50, which shall be
paid at the commencement of each month.
[Amended 1-10-1961]
D.
Term of license. Such license shall be effective from and after the
date of issuance to and including the 31st day of December next succeeding
the date of issuance.
A.
Issuance of license. The Town Clerk, upon proper written application
and upon receipt of the license fee, may, with the approval of the
Town Board, issue a license to the owner of a single house trailer
parked or otherwise located upon the premises owned by the owner of
such house trailer or by a member of the owner's immediate family
and occupied by such owner or a member of his immediate family. Also,
such license shall be effective from the date thereof and shall remain
in effect without renewal until the trailer shall be removed from
the premises or until the premises upon which it is located cease
to be owned by the licensee or a member of his immediate family.
B.
Application for license. Application may be made by letter or on
such other form as may be directed by the Town Board. Such application
shall state the name and address of the applicant and the owner of
the premises and shall state by whom the trailer is to be occupied
and the name and make of the house trailer and the location where
such trailer is or is to be located.
C.
The owner of such house trailer and premises shall be required to
comply with the Zoning Ordinance of the Town of Newfane and all other
ordinances and regulations of the Town of Newfane, and not more than
one such house trailer shall be permitted to park or otherwise locate
upon each such separate lot or parcel of land, except as provided
by the Zoning Ordinance of the Town of Newfane in respect to agricultural
properties. The owner of any such house trailer and premises shall
substantially comply with the regulations relating to sewer and water
facilities as provided for house trailer camps.
D.
The applicant for an individual trailer license shall pay an initial
license fee of $10.
A.
All land used as a house trailer camp shall be well drained and properly
graded to ensure rapid drainage during and following a rain and shall,
at all times, be drained so as to be free from stagnant pools of water.
B.
Each trailer camp shall be established according to a plan which
shows how all the area contained therein will be subdivided and marked
off for roadways and trailer stations and shall comply with the Zoning
Ordinance of the Town of Newfane. All house trailer camps which are
not connected with existing sanitary sewer systems and existing water
supplies shall provide for adequate water service and adequate sewers
and a sewage disposal system constructed in accordance with the provisions
of the Sanitary Code established by the Public Health Council of the
State of New York. A copy of such plan shall be submitted with the
application for a license.
C.
An adequate supply of pure drinking water shall be provided on each
campsite. No common drinking facilities shall be permitted.
D.
If any house trailer is not equipped with toilet, bath and washbasin,
there shall be provided on the site a separate service building containing
adequate facilities for such service.
E.
Each house trailer camp shall have equipment sufficient to prevent
littering of the ground and premises with rubbish, refuse and garbage
and shall provide proper containers for the deposit of such materials.
F.
The owner or operator of each house trailer camp shall keep a permanent
record, in writing, of all house trailer occupants using the facilities
of such house trailer camp, which record shall contain the name and
address of each occupant and the name and address of the owner of
the trailer and the name and make thereof.
G.
The obtaining of a license hereunder for the use of premises as a
house trailer camp shall not be construed to eliminate the necessity
of complying with all other applicable ordinances and health regulations
of the Town of Newfane.
H.
House trailer camps must be kept in a clean and sanitary condition
at all times.
The Health Officer and the Building Inspector of the Town of
Newfane shall enforce all the provisions of this chapter. Such Health
Officer and Building Inspector and the members of the Town Board shall
have the right to enter upon such house trailer camp or other premises
used for the parking or location of a house trailer, at all times.
If the Health Officer or the Building Inspector or other Town
officer, upon inspection, finds that such house trailer camp is not
being maintained in a clean and sanitary condition, or that such house
trailer camp is not being conducted in accordance with the regulations
applicable to such house trailer camp and the provisions of this chapter,
he shall serve upon the holder of such license, or the person in charge
of such house trailer camp, an order, in writing, directing that the
conditions therein specified be remedied within five days after the
service of such order. If, after the expiration of such period, such
conditions remain unchanged or are not corrected in accordance with
the order of the Health Officer or the Building Inspector, the Health
Officer or the Building Inspector shall serve a notice in writing
upon such house trailer camp owner or the person in charge of such
house trailer camp, requiring the holder of such license to appear
before the Town Board of the Town of Newfane at a time to be specified
in such notice, not less than three days thereafter, and show cause
why such license should not be revoked. The Town Board may, after
a hearing at which the testimony of witnesses, the Health Officer
and/or the Building Inspector and the holder of such license shall
be heard, revoke such license if the conditions described in the original
order have not been corrected in accordance with the terms of such
order, or if the holder of such license has violated the regulations
applicable to such house trailer camp, or has violated any of the
provisions of this chapter, or for other sufficient cause. Upon the
revocation of such license, the premises shall forthwith cease to
be used for the purpose of a house trailer camp and all house trailers
shall be removed therefrom.
Any person, firm or corporation who or which violates any provision
of this chapter shall be guilty of a misdemeanor and subject to a
fine of not less than $10 nor more than $100, or to imprisonment for
a period of not less than one day nor more than six months, or both
such fine and imprisonment, and in addition any and all persons who
violate any of the provisions of this chapter or who shall omit, neglect
or refuse to do any act required by this chapter shall severally,
for each and every such violation and noncompliance respectively,
forfeit and pay a penalty of $50. The imposition of all penalties
for any violation of this chapter shall not excuse the violation or
permit it to continue. The application of the above penalty or penalties
or the prosecution of the violation of the provisions of this chapter
shall not be held to prevent the enforced removal of conditions prohibited
by this chapter. When a violation of any of the provisions of this
chapter is continuous, each 24 hours thereof shall constitute a separate
and distinct violation.
A.
None of the provisions of this chapter shall be construed as granting
vested interests to anyone licensed under this chapter, and the Town
Board hereby reserves the right to withdraw all permissions and revoke
all licenses granted under this chapter upon 60 days' notice
by publication and posting as provided for in § 133 of the
Town Law.
B.
None of the provisions of this chapter shall be applicable to the
sale, storage or garaging of a house trailer or house trailers, provided
that such house trailer or house trailers are not being used as living
quarters.
C.
None of the provisions of this chapter shall be construed in any
way so as to be in conflict with the Zoning Ordinance of the Town
of Newfane, and the requirements contained herein shall be in addition
to the provisions contained in said Zoning Ordinance, and no license
shall be issued hereunder which does not comply with the Zoning Ordinance
of the Town of Newfane.
