[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 178 of the 1983 Code; amended in its entirety 3-8-1999 by L.L. No.
1-1999. Subsequent amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The outdoor storage of abandoned, junked, discarded,
unregistered and uninspected motor vehicles for more than three consecutive
days on privately owned property within the Town/Village of East Rochester
is detrimental to the health, safety and general welfare of the community.
The same also constitutes an attractive nuisance to children and in
many ways imperils their safety. Such storage also endangers the person
and property of members of the community, since fuel tanks containing
gasoline or gasoline fumes may easily explode. Such storage is unsightly
and depreciates property values. The control of the outdoor storage
of abandoned, junked, discarded and unregistered motor vehicles on
privately owned properties within the Town/Village of East Rochester
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 of a motor vehicle not to use it
on the public highways shall establish it as abandoned. The intent
of the owner shall be determined by all relevant facts, including
but not limited to any one of the following: the physical condition
of the motor vehicle, any statements as to its abandonment, the length
of time since the motor vehicle was last used on the public highways
and whether the motor vehicle is currently registered. With respect
to a motor vehicle not required to be registered or motor vehicles
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 purposes intended and
any statements as to its abandonment and other relevant facts.
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of or any motor vehicle whose owner cannot be found after due and
reasonable inquiry.
Any motor vehicle in such condition as to cost more to repair
and place the same in operating condition than the reasonable market
value before such repair.
Every vehicle originally designed and intended to be operated,
drawn or driven, or capable of being operated, drawn or driven, upon
a public highway by any power other than muscular power. For the purposes
of this chapter, the term "motor vehicle" shall include but not be
limited to automobiles, trucks, buses, motorcycles and trailers.
A person, firm or corporation having the property in or title
to a motor vehicle, including a person entitled to the use and possession
of a vehicle subject to a security interest in another person and
also including any lessee or bailee of a motor vehicle having the
use thereof under lease or otherwise.
A person, firm or corporation being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property located within the Town/Village of East
Rochester, including but not limited to any person or persons in actual
possession of or who otherwise have charge, care or control of any
property within the Town/Village as executor, administrator, trustee,
guardian, heir, distributee or agent.
[Amended 7-9-2012 by L.L. No. 3-2012]
Includes all parcels of real property privately owned situated
in the Town/Village of East Rochester, whether occupied or vacant.
Any motor vehicle which may be registered with the State
of New York and is not currently registered. The fact that a motor
vehicle which may be registered with the State of New York does not
display a current license plate or displays an expired license plate
shall be presumptive evidence of the fact that such motor vehicle
is not currently registered.
[Amended 7-9-2012 by L.L. No. 3-2012; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any owner or occupant
of any lot in a residential district in the Town/Village of East Rochester
to have or permit on said lot any motor vehicle not bearing a current
license plate or a license plate of the preceding year for a period
longer than three consecutive days.
[Amended 7-9-2012 by L.L. No. 3-2012; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any owner or occupant
of any lot in a nonresidential district in the Town/Village of East
Rochester to have or permit on said lot, other than a lot maintained
by an automobile sales agency, motor vehicles not bearing a current
license plate or a license plate of the preceding year for a period
longer than three consecutive days.
The Chief of Police and/or Building Inspector
of the Town/Village of East Rochester is hereby directed and empowered
to enforce the provisions of this chapter.
[Amended 7-9-2012 by L.L. No. 3-2012; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
If the owner or occupant shall fail to cause
any such motor vehicle(s) to be removed from said premises within
five days after service upon said owner or occupant, personally or
by registered, first-class or certified mail, of a written notice
subscribed by the Chief of Police requiring such removal, or by any
other method of service as provided for in the Civil Practice Law
and Rules, the Chief of Police or his duly authorized representative
shall cause such motor vehicle(s) to be removed from said premises
to the Town/Village dump or such place as the Board may designate,
and the expense thereby incurred shall be billed to the owner of said
lot, and, if unpaid after 30 days from the date of the billing, the
cost of said removal shall then be assessed against said property
on the records of the Town/Village in the manner prescribed by law,
and shall be added to the next Town/Village tax roll.
A.Â
This chapter shall not apply to any person, firm or
corporation now lawfully operating a business on property zoned industrial
if said business is principally engaged in the purchase and sale of
junk as such. However, it shall be unlawful and a violation of this
chapter to extend said operations so conducted to any other lot or
premises on which said business is not being actively carried on at
the time of the adoption of this chapter.
B.Â
Nothing herein shall restrict the storage of unused
motor vehicles for sale by a duly licensed new or used car dealer.
A.Â
Any person violating any section of this chapter shall,
upon conviction, be liable to a fine of not more than $250 or to imprisonment
for a term of not more than 15 days, or to both such fine and imprisonment.
Each day's continuation of the offense shall be considered a separate
offense.
B.Â
A violation of any section of this chapter is also
hereby declared to be a nuisance.
