[HISTORY: Adopted by the Town Board of the Town of New Berlin 6-19-1995
as L.L. No. 1-1995.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 101, Junk
and Junkyards, adopted 8-19-1991 as L.L. No. 1-1991, as amended.
As used in this chapter, the following terms shall have the meanings
indicated:
A vessel capable of carrying one or more people and intended for
use on or in water.
A relatively permanent, essentially boxlike structure having a roof
and enclosing within its walls space for any of a wide variety of activities,
such as living, entertaining, manufacturing, etc. As used in this chapter,
the word "building" refers to principal buildings and accessory buildings
unless specifically distinguished.
A motorized, self-propelled vehicle containing sleeping and other
facilities for habitation.
Any vehicle used in conjunction with any business or trade, with
the exception of the automobile of a salesman, professional person or the
like.
A commercial vehicle customarily used in the construction trades,
including but not limited to vehicles used for excavation and moving of earth
and vehicles used for hauling of construction materials.
A separately contained housekeeping unit within a building designed
and intended for use by one family and having facilities for cooking, eating
and sleeping therein.
Any number of individuals related by blood, marriage or legal adoption,
plus no more than one other person not falling within any of the above categories,
living and cooking together as a single housekeeping unit and occupying one
dwelling unit.
A structure mounted on axles and wheels containing living facilities
and which may be towed by automobile or truck from place to place. Such structure
will be considered a "mobile home" for purposes of this chapter whether or
not the wheels and axles are still in place.
An unenclosed vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact with
the ground.
The standing of a vehicle, whether occupied or not, on public or
private property.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
The area across the full width of a lot, extending from the forward
line of the principal building to the rear property line of the lot and bounded
by the side property lines.
A detachable trailer for hauling freight, having its forward end
supported by the rear of its truck tractor when attached.
The parking of a vehicle for a period in excess of 24 hours.
A short truck with a body containing only a cab for the driver, used
to haul detachable trailers.
A combination trucking unit consisting of a tractor and a trailer
or semitrailer.
A trailer intended for the purpose of moving boats from place to
place.
A trailer containing sleeping and other facilities, the outside walls
of which are partially collapsible into the body of the trailer to facilitate
towing.
A trailer containing sleeping and other facilities, the outside walls
of which are of rigid materials.
A trailer generally used for the hauling of miscellaneous household
and yard materials.
A vehicle that does not have a current and valid New York State inspection
sticker and/or valid registration. Such definition shall include parts or
waste from motor vehicles which, taken together, equals in bulk a vehicle.
All of the foregoing vessels, vehicles, structures and trailers and
also including every device in, upon or by which any person or property is
or may be transported or drawn upon a highway, except devices moved by human
power.
No camper, camper trailer, mobile home or house trailer shall be stored
outside at any place in the town on public property.
No boat shall be stored outside at any place in the town on public property.
The application for a permit for the parking or storage of any vehicle
hereunder shall be filed with the Planning Board for its approval and shall
be accompanied by the consent, in writing, of at least 75% of all adult residents
living within 200 feet of the outer extremities of the applicant's property.
The duration of such permit shall be established by the Town Planning Board.
A fee shall accompany each application, which shall be in writing and shall
be filed in duplicate with the Planning Board. The form and fee for such application
shall be as prescribed by the Town Board. Appeals to any decision of the Planning
Board shall be filed with the Town Board within 30 days of the decision of
the Planning Board.
A.
No commercial vehicle of any length shall be stored outside
at any place in the town on public property.
B.
No commercial vehicle having an overall length in excess
of 20 feet, nor any tractor, tractor-trailer, semitrailer or construction
vehicle of any length, shall be parked on any public property unless temporarily
in connection with a bona fide commercial service, sales or delivery visit
to such property.
C.
A commercial vehicle or semitrailer having an overall
length of 20 feet or more may be parked or stored outside on private property
subject to the following regulations:
(1)
Only two such vehicles per family may be parked or stored
on any lot containing the dwelling unit of such family. The foregoing notwithstanding,
a maximum of two such vehicles may be parked or stored on such lot, provided
that one of the vehicles parked does not become a nuisance or eyesore, then
said vehicle will need to be stored within an enclosed garage or completely
screened from public view.
(2)
Such vehicle must belong to an owner or occupant of the
premises upon which it is being parked or stored or be for the use of the
owner or occupant of the premises for the purposes of carrying on legal business
or trade.
No vehicle shall be parked or stored outside on any privately owned
vacant property without first obtaining a permit from the Town Planning Board,
following a public hearing, unless such hearing is waived by the Town Planning
Board. Said parking and storage must be in compliance with this chapter.
A.
The outside storage of unlicensed, inoperative and/or
discarded vehicles and/or their component parts upon privately owned properties
within the Town of New Berlin is a source of annoyance to members of the public
and to owners and occupants of adjacent land. The outdoor storage of such
vehicles on private land is unsightly and constitutes an attractive nuisance
to children and a peril to their safety. It depreciates the value of neighboring
properties. The preservation of peace and good order, the protection of public
health and property and the prevention of fires and explosion compel legislation
upon this subject. It is therefore declared that the purpose of this section
is the effective termination of such practices.
B.
No property shall be used for the outside storage of
unlicensed, inoperative or discarded vehicles or their component parts, with
the exception of two such vehicles or component parts of said vehicles.
C.
The two unlicensed, inoperative or discarded vehicles
or their component parts permitted for outside storage must be stored in the
rear yard of the property.
D.
Any duly authorized police officer, judicial officer
or designated officer of the Town of New Berlin may, by service of summons
or appearance ticket, by personal service or by certified mail, return receipt,
require the owner, occupant or person having charge of the property on which
a violation of this chapter exists to appear before the Town Justice of the
Town of New Berlin. The Town Justice shall be empowered to direct that any
vehicle or vehicles be removed and the violation corrected within 15 days
from the return date of the summons or appearance ticket.
E.
In the event that the violation is not removed or corrected
within such time as shall be provided by the Town Justice Court, the town,
after 15 days' notice to the property owner, served personally or mailed,
certified mail, return receipt, to his last known address, may order its authorized
agent to perform such work as shall be necessary to remove or correct the
violation and assess the costs thereof against the land, to be a lien against
the property and to be collected as taxes are collected pursuant to law. Any
vehicle removed from the property may be sold at public sale or destroyed.
This remedy shall be in addition to any other penalty which may be imposed
or provided by law.
Any person, firm or corporation, or his or her or its agent, servant,
workman or employee, violating any of the provisions of this chapter shall
be punishable by a fine of not less than $50 nor more than $250 and/or imprisonment
for a term not to exceed 15 days. Each day's continuance of a violation
after notice to cease shall be deemed a separate and distinct offense and
shall be punishable accordingly.
