The Town Board of the Town of Potsdam, pursuant to the authority granted by Municipal Home Rule Law § 10, Subdivision 2, and Town Law § 130, Subdivision 6, hereby enact as follows.
This article is adopted pursuant to the authority granted the municipality in § 10 of the Municipal Home Rule Law and in § 130, Subdivision 6, of the Town Law. This article shall be known as "A local law prohibiting junkyards in the Town of Potsdam."
As used in this article, the following terms shall have the meanings indicated:
JUNK APPLIANCE
Any household appliance, including but not limited to a stove, washing machine, dryer, dishwasher, freezer refrigerator, air conditioner, water heater, or television, which is stored outside of any residence or structure.
JUNK FURNITURE
Abandoned, discarded, or irreparably damaged furniture, including, but not limited to, sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs, and chests of drawers.
JUNK MOBILE HOME
Any enclosed dwelling built upon a chassis, motor vehicle, or trailer used or designed to be used for either permanent or temporary living or sleeping purposes, including motor homes, truck campers, camping trailers, campers, travel trailers, pop-up trailers, tent trailers and overnight trailers. To qualify as a junk mobile home, the dwelling must meet two out of three of the following conditions for six months or more:
A. 
The electrical service is disconnected or terminated.
B. 
It is abandoned as a dwelling unit.
C. 
It is no longer habitable for residential occupancy.
JUNK MOTOR VEHICLE
Any motor vehicle or used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicle which is unlicensed or unregistered; or abandoned, wrecked, stored, discarded, dismantled, or partly dismantled; or not in condition for legal use upon the public highways. The fact that a motor vehicle does not display a current motor vehicle registration or license plate shall be presumptive evidence that such motor vehicle is not in condition for legal use upon the highways. With respect to any motor vehicle not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junk motor vehicle unless refuted by verifiable and credible proof.
JUNKYARD
The outdoor storage or deposit of any of the following, whether in connection with another business or not:
A. 
Two or more junk motor vehicles.
B. 
Two or more junk mobile homes.
C. 
Two or more junk appliances.
D. 
Three or more pieces of junk furniture.
E. 
Any combination of the above that totals three or more items.
Junkyards will be prohibited in the Town of Potsdam.
A. 
A violation of this article shall be punishable by a fine not to exceed $250 or imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week that such violation is carried on or continues shall constitute a separate violation.
B. 
The imposition of any penalty for any offense committed against the provisions of this article shall not affect the power of the Town Board to require the abatement of the nuisances enumerated herein within such a time as the Town Board shall fix, nor shall it prevent, in the event of neglect or refusal by any person to comply with any or all of the provisions of such an order to correct a violation of this article, entry by the Town Board or its designees upon the premises affected by such nuisances, the removal of such nuisances by the Town or its agents and the assessment of all costs of such removal, including reasonable attorney's fees, against the real property affected.