[HISTORY: Adopted by the Board of Trustees
of the Village of McGraw 9-25-2014 by L.L. No. 4-2014.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
161, Vehicles, Abandoned, adopted 9-19-1984 by L.L. No. 5-1984, as
amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle, including a trailer (motorized or not),
which is in such a rusted, wrecked, discarded, dismantled, partly
dismantled, inoperative or abandoned condition so as to be no longer
intended, or no longer in a condition, for legal use on the public
highways.
Any vehicle that is propelled or drawn by power other than
muscular power or any vehicle that is required to be registered with
the Department of Motor Vehicles of the State of New York. Examples
of motor vehicles, as used in this chapter, include, but are not limited
to, cars, trucks, SUVS, stock and racing cars, campers, RVs, trailers,
motorcycles, ATVs (four-wheelers, dirt bikes), motorcycles, and snowmobiles.
Any motor vehicle that is not currently and validly licensed.
It is hereby declared and found that abandoned or junked motor vehicles, as defined in § 161-1, that are located within the Village on real property, outside of an enclosed, roofed, and contained structure, are a matter affecting the public interest; that it constitutes a nuisance by creating health, fire and safety hazards, and therefore are subject to control for the purpose of safeguarding the public health, safety, and general welfare of the people of the Village of McGraw. The Village further declares its adoption of the New York State Property Maintenance Code, § 302.8, Motor vehicles.
It shall be unlawful to store or deposit, or cause or permit to be stored or deposited, an abandoned or junked vehicle or an unlicensed vehicle as defined in § 161-1 above, upon any real properly in the Village unless such vehicle is stored within an enclosed, roofed, and contained structure, such as a garage. It shall also be unlawful, consistant with the New York State Property Maintenance Code, § 302.8, to possess more than one unlicensed vehicle.
A violation of the provisions of this chapter shall constitute
a violation offense and shall be punished by a fine of $100. A subsequent
offense committed within one year of the prior offense shall be punished
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both. Each seven days that the violation exists shall
constitute a separate offense, and the Village of McGraw shall have
the right to apply to the Supreme Court for an order directing that
the violation be abated, along with the payment of costs and attorney's
fees.
Information and appearance tickets alleging violations of this
chapter shall be issued by any law enforcement official or Village-designated
enforcement officer.
