The purpose of this article is to provide for
the disposition of abandoned, junked, discarded or unregistered motor
vehicles upon privately owned or public property within the Village
of Canton, New York. It is determined that the presence of abandoned,
junked, discarded or unregistered motor vehicles upon privately owned
or public property within the Village of Canton is detrimental to
the health, safety and general welfare of the community, constitutes
an attractive nuisance to children and is a peril to their safety,
is a source of vexation and annoyance, depreciates the value of neighboring
properties and is a fire hazard and a potential source of fire and
explosions. The preservation of public health and protection of property
and the elimination of public peril compel the governing body of the
Village of Canton to legislate on this matter. It is hereby declared
that the adoption of this article has for its purpose the effective
termination of such practices and the preservation of the public health,
safety and general welfare.
As used in this article, the following terms
shall have the meanings indicated:
ABANDONED VEHICLE
A motor vehicle shall be deemed to be an abandoned vehicle
if it is left unattended:
A.
With no number plates affixed thereto or in
any inoperable condition for more than six hours on any highway or
in any other public place;
B.
Whether licensed or not, for more than 24 hours
on any highway or in any other public place, except a portion of highway
or public place on which parking is legally permitted;
C.
For more than 48 hours, after the parking of
such vehicle shall have become illegal, on a portion of a highway
or public place on which parking is legally permitted, except in areas
duly marked for extended storage by the Village of Canton; or
D.
For more than 96 hours on property of another
without permission of the owner.
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power.
OWNER
Any person, corporation, partnership, firm, agency, association,
lessor or organization who or which at the time of the issuance of
a notice of violation for a violation of this article:
A.
Is the beneficial or equitable owner of the
abandoned vehicle;
B.
Has title to such vehicle;
C.
Is the registrant or co-registrant of such vehicle
registered with the Department of Motor Vehicles of the State of New
York or any other state, territory, district, province, nation or
other jurisdiction;
D.
Uses such vehicle in its renting and/or leasing
business; or
E.
Is an owner of such vehicle as defined by the
New York State Vehicle and Traffic Law.
Any proceeds from the sale of an abandoned vehicle,
less any expenses incurred by the Village of Canton, shall be held
by the Village without interest for the benefit of the owner of such
vehicle for a period of 30 days. If not claimed within such thirty-day
period, such proceeds shall be paid into the general fund of the Village
of Canton and disposed of as a part thereof.
The last registered owner of an abandoned motor vehicle shall be presumed to be the owner of said motor vehicle and liable to the Village of Canton for the costs of removal and storage of such motor vehicle, unless he or she shall present proof of present ownership in another person. Removal and storage charges shall be in accordance with the provisions of Article
VII of this chapter.
Notice shall be given by personal service or
by certified mail.
This article may be used and enforced against
any abandoned vehicle already in the possession of the Village of
Canton.