[HISTORY: Adopted by the Town Board of the Town of Forestburgh 2-6-2003 by L.L. No. 1-2003; amended in its entirety 12-29-2003 by L.L. No. 5-2003.
Subsequent amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded or unlicensed vehicles
upon private property within the Town of Forestburgh is hereby declared to
be detrimental to the health, safety and general welfare of the community,
aesthetically unattractive and detracting from the enjoyment of the environment
by said residents, tending to depreciate neighborhood property values, and
is an infringement on their properties and homes. The same also constitutes
a potential nuisance to the children of the community and may imperil their
safety. The fuel tanks of abandoned, junked or discarded vehicles containing
gasoline or gasoline fumes constitute an ever present danger of explosion.
The abandoned, junked or discarded vehicles also contain broken glass and
sharp metal edges, and such vehicles usually are stored or abandoned with
batteries containing harmful acids. The control of the outdoor storage of
abandoned, junked or discarded vehicles 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:
The intent of the owner shall be determined by the physical condition
of the vehicle; statements of the owner as to its abandonment; the length
of time since the vehicle has last been used on the highway; whether the vehicle
is currently licensed, registered or inspected; and other relevant facts.
With respect to a vehicle not required to be licensed or a vehicle not usually
used on public highways, the intent of the owner shall be determined by the
physical condition of the motor vehicle, the length of time since it was last
used for the purpose intended, any statement as to its abandonment by the
owner and other relevant facts.
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.
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.
Any business licensed by the Town to repair motor vehicles or any
part thereof.
Any vehicle(s) which the owner thereof, as established by the surrounding
circumstances, relinquishes ownership and possession of and any vehicle(s)
the owner of which cannot be found after due and reasonable inquiry.
A completely enclosed privacy-type structure or fence constructed
of wood, metal or masonry, which shall be at least six feet in height and
not more than eight feet in height and of such construction and type that
an ordinary person of ordinary height and eyesight cannot see into the enclosure.
Such enclosure shall be adequately maintained so as not to create an eyesore
to the community. An enclosure can also include a tarp or canvas cover which
shall be fitted to the vehicle that it covers.
The Code Enforcement Officer(s), the Zoning Officer, the Building
Inspectors or any peace officer or police officer whose powers and duties
are within or include the Town of Forestburgh.
Any vehicle which, for any reason, is incapable, without repair,
of being moved or propelled by application of internal power, if it is a vehicle
originally designed to be propelled by internal power, or is incapable, without
repair, of being drawn or towed, if it is a vehicle originally designed to
be towed or drawn from behind an internally powered vehicle, and, as adjudged
by the standards of an ordinary reasonable man, is unsightly in appearance
because of the existence of one or more conditions, such as but not limited
to the following: deterioration by rust of the body; deterioration of the
exterior finish of the vehicle; broken windows; absence of component parts
of the vehicle (such as fenders, panels, doors, bumpers, headlights, hood,
trunk door, tires, wheels, grille, roof or tailgate); physical damage (such
as dents, cracks, scrapes or holes) to component parts of the vehicle; and
absence of interior components (such as seats, dashboard or interior door
moldings), or is incapable of being moved or propelled, drawn or towed without
repair as provided for hereinabove and has remained situate on any real property
for a period in excess of 30 days.
Any place of storage or deposit licensed by the Town where two or
more unlicensed, old or secondhand motor vehicles no longer intended or in
condition for legal use on the public highways are held, whether for the purpose
of resale of used parts therefrom; for the purpose of reclaiming for use some
or all of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same; or for any other purpose. Such term
shall include any place of storage or deposit for such purposes of used parts
or waste materials from motor vehicles which, taken together, equal in bulk
two or more such vehicles.
Storage other than in a completely enclosed structure constructed
of wood, masonry, metal, tarp or canvas.
The legal owner, contract purchaser, tenant, lessee, occupant, subtenant,
trustee, bailee, receiver or assignee of premises or real property located
within the Town of Forestburgh.
The person having the property and/or title to a vehicle, including
a person entitled to the use and possession of a vehicle subject to a security
interest of another person, and also including any lessee or bailee of a vehicle
having the use thereof under lease or otherwise.
An individual, firm, partnership, association, corporation, company
or organization.
Determination by whatever means, including settlement of a claim,
arbitration or legal action, that any person other than the owner of a vehicle
is liable to pay or will pay for the repair of damage to a vehicle resulting
from any vehicular accident.
All areas within the Town of Forestburgh, both publicly and privately
owned.
Any vehicle which may be licensed or registered for operation on
public highways and which has not been registered during the preceding six
months or is not currently registered and not in a condition for legal use
on the public highways. A vehicle which is in a condition to receive a current
New York State motor vehicle inspection sticker shall be deemed to be in a
condition for legal use on the public highways.
Any means of transport or conveyance operated, driven, drawn or capable
and intended to be operated, drawn or driven upon a public highway by a power
other than muscular power. A vehicle shall include but not be limited to automobiles,
motorcycles, motorbikes, buses, all types of trailers, including trailers
used for storage, trucks, tractors, mobile homes, other than those legally
in use in an authorized mobile home park, recreational vehicles, snowmobiles,
all-terrain vehicles and jitneys or any other contraption originally designed
and intended for travel on the public highways.
Any business licensed by the Town to tow or haul other motor vehicles.
It shall be unlawful for any person, firm or corporation, either as
a private property owner, vehicle owner, occupant, lessee, agent, tenant or
otherwise, to openly store or deposit or cause or permit to be openly stored
or deposited an abandoned, junked or discarded vehicle or vehicles or parts
or pieces thereof on any private property within the Town of Forestburgh,
except as permitted in junkyards or by this chapter, unless such vehicle or
part or piece thereof is stored or deposited in a completely enclosed building
or such vehicle or part or piece thereof is under repair, reconstruction or
refurbishing by the owner thereof, who must actually be residing upon the
premises where such repair, reconstruction or refurbishing is being done.
Such vehicle or part or piece thereof must be maintained and protected so
as not to create a safety hazard or nuisance to surrounding property owners
and shall not remain on the premises for more than 30 days, but not on a public
highway right-of-way. One unlicensed vehicle that is not junked may be stored
on a parcel or property.
The Town of Forestburgh Code Enforcement Officer shall have the right
to inspect, at any reasonable hour, any premises on which vehicle(s) are openly
stored to determine if same are in violation of this chapter. The Code Enforcement
Officer shall not have a right to enter the property and inspect the vehicle
without the permission of the property occupant or owner. However, if the
vehicle is readily visible from off the property site, the Town of Forestburgh
Code Enforcement Officer may issue a citation or seek a search warrant in
order to enter the premises and make the inspection if permission is denied.
After the Code Enforcement Officer has determined that an abandoned,
junked or unlicensed vehicle(s) or discarded parts thereof is openly stored
or deposited or is permitted to be openly stored or deposited on a parcel
of property in violation of this chapter, he/she shall give written notice,
by personal service or by registered or certified mail, on the owner of the
abandoned, junked or unregistered vehicle(s) or discarded parts thereof or
on the owner of any private property on which the vehicle(s) is openly stored.
Such notice shall direct the person so served, regardless of the ownership
of the vehicle(s) if the property owner or tenant is served, to terminate
the open storage of such vehicle(s) within the Town within 10 days of receipt
of said notice.
In the event of noncompliance with the provisions of this chapter and after 10 days have elapsed from receipt of the written notice provided for in § 165-5, the Code Enforcement Officer may issue an appearance ticket, returnable to the Town of Forestburgh Justice Court at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged chapter violation, the date and time, and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Town Justice and shall be accompanied by an information form detailing the violation and attempts made by the Code Enforcement Officer to achieve compliance.
If the provisions of the foregoing sections are believed to be violated,
the Code Enforcement Officer(s) may serve a written notice, either personally
or by registered or certified mail, upon the owner, occupant or person having
charge of such private property to comply with the requirements of this chapter.
The Code Enforcement Officer(s) may determine ownership of any parcel of land
in the Town of Forestburgh from the current assessment roll of the Town and
may serve written notice upon the owner thereof by mailing such notice to
the owner at the address listed on the current assessment roll. If the Code
Enforcement Officer(s) is unable to determine the ownership or address of
the owner of said private property, such notification may be made by publishing
the same in the official newspaper of the Town for two consecutive weeks.
The notice shall be in substantially the following form: "To the owner, occupant
or person having charge of land within the Town of Forestburgh briefly described
as follows: (Here describe the subject property.) Notice is hereby given that
an abandoned, junked, discarded or unlicensed vehicle is stored or deposited
on the above described property in the Town of Forestburgh. This vehicle must
be removed therefrom within 10 days from the date of this notice; provided,
however, that if this notice is served on you by publication, said vehicle
shall be removed within 24 days from the first publication date of this notice.
If such vehicle is not removed on or before the expiration of said 10 days
from the date hereof or on or before the expiration of said 24 days from the
date of this notice in the event that it is served on you by publication,
you are hereby summoned to appear before the Town Board of the Town of Forestburgh,
New York, at . . . a.m./p.m. o'clock, on the _____ day of ___________, 20__,
at which time a hearing will be held to determine why the Town of Forestburgh,
New York, acting through its duly authorized agents, servants, officers and
employees, should not enter upon said property and remove and cause said vehicle
to be destroyed. In the event that the Town Board directs that said vehicle
be removed and destroyed, the expense incurred by the Town of Forestburgh
shall be assessed against said property and shall constitute a lien thereon
and be collected in the manner provided by law. Date: ________ (Code Enforcement
Officer) _____________ Town of Forestburgh."
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 property screening.
There shall be a presumption that a person who has received the notice prescribed by § 165-7 has openly stored or deposited or caused or permitted to be openly stored or deposited an abandoned, junked, discarded or unlicensed vehicle described in said notice.
A.
A wrecker or commercial garage may store abandoned, junked
or unlicensed vehicle(s) or parts thereof on any one site within the Town
of Forestburgh, provided that such storage is confined in an enclosed area
and such vehicle(s) may not be stored for more than 30 days, and provided
further that the business operation of the wrecker or commercial garage is
permitted by all applicable zoning laws or regulations, including rights under
any nonconforming uses and including any limitations, restrictions or conditions
established according to law by the Town Board, the Board of Appeals, the
Planning Board or any court of competent jurisdiction, and provided that the
vehicle(s) is not stored at any time on a public highway right-of-way.
B.
Where a repair settlement is pending in good faith, the
foregoing time periods shall not start to run until a repair settlement has
been made, but in no event to exceed 60 days from the date said vehicle(s)
is (are) first stored upon the premises.
C.
In the event that any abandoned, junked, or unlicensed vehicle or part thereof is stored at any wrecker or commercial garage and said wrecker or commercial garage is restrained from allowing the owner to move said vehicle from the location of such wrecker or commercial garage by reason of a legal detainer or order of any federal, state, county or local government agency or body, the thirty-day period of time as provided for in Subsection A hereinabove shall not commence to run until said legal detainer or order is released or vacated.
Any vehicle being actively used in farming operations shall be exempted
from the provisions of this chapter, provided that:
A.
The vehicle is being used on private property and is
being held for continuing operation on private property and is not being held
primarily for nonoperating purposes.
B.
The vehicle, if not in a condition for legal operation
on public highways, is in a condition so that it can be operated and so that
such operation on private property will not be unduly dangerous to the operator,
passengers or others.
C.
The vehicle is in such condition that there is no sharp
metal, broken glass or other condition, which would endanger children who
might be attracted to play around the vehicle.
A violation of this chapter shall be punishable by a fine of at least
$50 and not more than $250 per violation or by imprisonment for up to 15 days,
or by both. A violation of this chapter shall also subject the violator to
a civil penalty of the greater of $100 per separate violation or the Town's
costs of inspection, service of notice, removal, towing and permanently disposing
of such vehicle, less any criminal monetary fine which may have been imposed.
Each abandoned, junked, discarded or unregistered vehicle stored in violation
of this chapter shall constitute a separate violation. Each day that such
separate violation shall continue or be carried on shall constitute an additional
separate violation, for which the court may impose an additional fine and
continuing fine until the vehicle(s) is (are) removed or enclosed.
This chapter has been enacted to supplement and to be read in conjunction
with § 1224 of the Vehicle and Traffic Law of the State of New York,
as amended. Please take notice to the extent that this chapter may conflict
with applicable portions of the Town Law of the State of New York, it is the
stated intention of the Town to exercise its authority to supersede and amend,
as granted under the Municipal Home Rule Law of the State of New York § 10.
The Town hereby provides notice that it is exercising its authority to supersede
and amend pursuant to Municipal Home Rule Law of the State of New York § 22.
