This chapter is enacted in recognition of the fact that the
outdoor storage of abandoned motor vehicles, junk cars, machinery,
whether working or nonworking, and appliances on private property
can constitute both a public and private nuisance, and it is hereby
declared that such outdoor storage within the Town is a matter affecting
the public interest. Such outdoor storage constitutes a nuisance,
an unsightly condition and a source of vexation and annoyance not
only to the owners and occupants of adjoining lands but also to the
general public. Said abandoned motor vehicles, junk cars, machinery,
whether working or nonworking, and appliances are a source of potential
hurt to children and others who may find them an attractive nuisance.
They may be replete with broken glass, sharp, torn, metal edges and
points, gasoline remaining in tanks of a highly explosive and combustible
nature and hurtful acid in batteries. Their existence destroys the
aesthetic qualities of the Town and tends to depreciate not only the
property of other persons in the neighborhood but the Town generally.
The preservation of peace and good order, the safeguarding of the
health, safety and general welfare and the protection of private property
compel the Town Board to legislate upon said subject matter.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings set forth herein:
ABANDONED MOTOR VEHICLE
Any motor vehicle situated on private property other than
that of its owner, which has not been moved or used for seven consecutive
days or more and is apparently deserted; any vehicle in whatever condition
which does not have a valid registration; any junk car.
ANTIQUE OR CLASSIC AUTOMOBILE
A motor vehicle owned and operated as an exhibition piece
or collector's item, not used for daily transportation and manufactured
more than 25 years prior to the current calendar year.
APPLIANCE
Any stove, range, washing machine, dryer, freezer, refrigerator,
food or drink cooler, hot-water heater, air conditioner, water softener,
television, radio, antenna or other household or commercial device
or equipment abandoned, junked, discarded, wholly or partially dismantled,
no longer intended or in condition for ordinary use for the purpose
for which it was designed originally.
ENFORCEMENT OFFICER
The Zoning Administrator of the Town, the Chief of Police
of the Town or his or her agent, and any other person designated by
resolution of the Town Board as enforcement officer.
JUNK CAR
Any motor vehicle in such condition or state of repair which
renders the vehicle incapable of being driven or operated upon the
public highway in its condition immediately without extensive repairs;
any motor vehicle which has been abandoned or junked.
MACHINERY
Machines, mechanical devices, engines, motors, power plants,
appliances, laborsaving devices, tools, lawn mowers, garden equipment,
miscellaneous equipment or any part thereof.
MOTOR VEHICLE
Any automobile, bus, truck, tractor, trailer, mobile home
or any other contraption propelled or drawn by power other than human
muscular power, originally intended or generally used for travel on
public highways.
OUTDOOR STORAGE
The placing, maintaining or keeping in a place other than
a permanent structure having a roof and fully enclosed sides.
[Amended 9-16-2015 by L.L. No. 17-2015]
OWNER
The person having legal title to property; the person shown
as the owner of real property on the current assessment rolls of the
Town.
PERSON
Any natural person, male or female; any association, partnership,
firm or corporation, trust, estate, foundation or fund, charitable
or otherwise; any municipality or municipal corporation; or any other
unit or entity.
PRIVATE PROPERTY
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the Town.
TOWN
The Town of Poughkeepsie.
It shall be unlawful for any person, as owner, occupant, lessee,
agent or in any capacity, to store, deposit, place, maintain or cause
or permit to be stored, deposited, placed or maintained in outdoor
storage any abandoned motor vehicle, junk car, machinery, whether
working or nonworking, or appliance, as defined herein, upon any public
or private property within the Town.
Any person who shall willfully and intentionally place any abandoned
motor vehicle, junk car, machinery, whether working or nonworking,
or appliance, as defined herein, upon any property not owned, leased
or lawfully occupied by said person shall be deemed to have violated
this chapter and shall be subject to all the penalties herein provided.
Whenever it appears that the provisions of this chapter are violated, except as covered under §
192-5, the enforcement officer shall make an inspection of the property and shall prepare a written report of the conditions found.
[Amended 9-16-2015 by L.L. No. 17-2015]
A. If conditions existing on a property violate the provisions of this
chapter, the enforcement officer shall serve or cause to be served
a written notice, either personally or by U.S. First-Class Mail, upon
the owner and, if the owner does not reside upon the premises, upon
the lessee and/or occupant of said premises if the identity of the
same can be ascertained with reasonable diligence.
B. Said notice shall contain substantially the following: the name of
the owner, lessee or occupant of the premises; the address or location
of the premises; the identification of the premises as the same appears
on the current assessment roll of the Town; a statement of the condition
of the premises as found on the inspection; a demand that the abandoned
motor vehicle, junk car, machinery, whether working or nonworking,
or appliance be removed from the premises on or before 10 calendar
days after the service or mailing of the notice; a statement that
if the person receiving said notice is not the owner of the abandoned
motor vehicle, junk car, machinery, whether working or nonworking,
or appliance and certification is made of such fact to the Zoning
Administrator and a release signed giving the enforcement officer
full permission and authority, as much as may be legally given, to
enter upon the premises and remove the same, then such person will
be thereby relieved from further compliance with any of the other
provisions of the notice; and a statement that failure or refusal
to comply with the provisions of this chapter and the notice given
pursuant thereto within the time specified will constitute a violation
of this chapter and each succeeding day that the violation continues
shall constitute a separate and distinct violation.
C. A notice mailed to an owner under this section shall be mailed to
his or her last known address as shown on the latest completed assessment
roll of the Town. If there is more than one owner, personal service
on or a U.S. First-Class mailing of the notice to any one of such
owners shall be deemed to be service upon all. In the case of a premises
upon which there is more than one lessee and/or occupant (i.e., shopping
center, apartment project, etc.), personal service on or a U.S. First-Class
mailing of the notice to the owner and a posting of a copy of the
same on the vehicle or appliance shall be deemed sufficient and proper
service within the requirements of this chapter. In the case of a
corporation or other legal entity, a U.S. First-Class mailing to the
headquarters or main office, as shown on the latest completed assessment
roll of the Town, shall be deemed sufficient and proper service within
the requirements of this chapter.
The Zoning Administrator may issue a temporary permit for a maximum of 90 days temporarily relieving a person from the requirements of §
192-6 of this chapter if, in his or her opinion, immediate enforcement of the requirements of §
192-6 would cause undue hardship on that person. To receive said special permit, the person seeking relief must apply in writing to the Zoning Administrator within five days of the service or mailing of the notice specified in §
192-7, stating the reasons for requesting said special permit. The decision of the Zoning Administrator will be final, and should said special permit be denied, all other provisions of the notice specified in §
192-7 must be complied with within five days of the date of written denial.
It shall be unlawful for any person or his or her agent or employee
to leave or suffer or permit to be left any motor vehicle, as defined
herein, or other property upon any public highway, including but not
limited to public parking areas, beyond the period such vehicle or
property may lawfully be left parked, standing or left thereon or
upon such place or in such position thereon as shall unlawfully obstruct
or impede vehicular or pedestrian traffic or in such position as shall
prohibit or prevent the use of a private driveway by the owner of
said driveway or the lessee of the property upon which said driveway
is located or constitute a condition dangerous to such traffic, public
welfare, safety or convenience.
In the event that any motor vehicle or property left in violation of §
192-9 shall unlawfully obstruct or impede traffic, prevent or preclude the use of a private driveway by the owner of said driveway or the lessee of the property upon which the driveway is located or remain on a public highway, street, lane, sidewalk or other municipal property for a continuous period exceeding 12 hours beyond the lawful period of permitting continuous use of any such location, such motor vehicle or property shall be deemed to have been abandoned, and the motor vehicle or property may be removed and stored in the manner set forth in §
192-12 of this chapter.
When any motor vehicle or property is parked, left or abandoned on any public highway within the Town during a snowstorm, hurricane, flood, fire or other public emergency, said motor vehicle or property may be removed and stored in the interest of public welfare, safety or convenience in the manner set forth in §
192-12 of this chapter.
When a motor vehicle or other property has been abandoned, impounded
or seized within the meaning of this chapter, the Chief of the Town
Police Department or any police officer may, in the interest of public
safety, welfare or convenience and at the expense of the owner, remove
or cause the same to be removed to the Town yard or yards, or elsewhere
as he or she may deem advisable, and any charges incurred in the moving
and storage thereof shall become liens against the motor vehicle or
property and must be satisfied before the motor vehicle or property
may be released to the owner or other interested person.
If any motor vehicle or other property removed as provided in this chapter by the Chief of Police or any police officer shall not be claimed and taken by its owner or other interested person or agent within 30 days after the notice of removal provided for in §
192-13 and the Commissioner of Motor Vehicles has waived or refused custody of the motor vehicle after having been duly notified, when required, and if the Chief of Police, in his or her discretion, shall determine that the sale thereof is advisable, he or she shall mail written notice of sale by public auction with or without reserve to the owner, or other known interested persons, if their names and residence or business addresses can be ascertained with reasonable diligence, at least six days before such sale date, and shall publish in a newspaper circulated within the Town a notice of sale once, at least six days before the day of such sale, and shall post said notice conspicuously in at least one public place within the Town at least six days before the date of sale. The Chief of Police may, in his or her discretion, give additional publicity of such sale or delay the sale in the interest of justice. Such notice of sale shall specify the date, time and place of sale and shall contain a general description of the motor vehicle or property to be sold. Notice of an adjourned sale need not be mailed, published or posted if announced at the time and place initially fixed for the sale.
A sale conducted under the provisions of this chapter shall
be held at the time and place specified in the notice of sale or on
any alternate date or time or place of which oral or written notice
is given or announced at the time and place set for the sale.
Excepted from this chapter and exempted from its requirements
are:
A. Motor vehicles stored in duly licensed and operating junkyards.
B. Motor vehicles kept and stored by commercial establishments on their
own property for the purpose of removing parts therefrom for use in
vehicles used in their regular course of business.
C. Motor vehicles kept and stored by duly licensed and operating vehicle
repair shops and garages, upon the premises where said business is
conducted, and which are currently being repaired for the purpose
of placing the same back into legal operation upon the public highways.
D. An antique or classic automobile, provided that in the opinion of
the Zoning Administrator such automobile is stored and kept under
conditions not constituting a public nuisance or an attractive nuisance.
E. Any motor vehicle owned by a person currently on active duty in any
of the Armed Forces of the United States or the State of New York,
provided that said motor vehicle is kept and stored on property owned
by said person or his wife's immediate family and such storage
does not constitute, in the opinion of the Zoning Administrator, a
public or attractive nuisance.
F. Any motor vehicle owned or operated by a member of the family occupying
said premises, who is a full-time occupant of the premises and who
is attending school on a full-time basis, provided that said exemption
shall be limited to the period from September 1 through May 30 or
for the length of the school term, whichever is shorter, and further
provided that this exemption shall not apply to any recreational vehicle,
pickup truck or commercial vehicle. The exemption under this section
will only be granted upon application by the owner of said vehicle
with proof of ownership, proof of prior registration and proof of
attendance at school.