[HISTORY: Adopted by the Town Board of the Town of Clarence 4-27-1988.
Amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded or unlicensed vehicles
upon private property within the Town of Clarence 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.
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 Clarence.
[Amended 7-22-1992 by L.L. No. 1-1992]
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, scraps 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 or metal.
The legal owner, contract purchaser, tenant, lessee, occupant, subtenant,
trustee, bailee, receiver or assignee of premises or real property located
within the Town of Clarence.
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 Clarence, both publicly and privately
owned.
Any vehicle which has not been registered during the preceding three
months or is not currently registered and does not have a current New York
State motor vehicle inspection sticker affixed.
[Amended 3-25-1998]
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, discarded or unlicensed vehicle or vehicles
or parts or pieces thereof on any private property within the Town of Clarence,
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.
The Town of Clarence Code Enforcement Officer shall have the right to
enter and inspect, at any reasonable hour, any premises on which vehicle(s)
are openly stored and to inspect such vehicle(s) to determine if the same
are a hazard to the health and welfare of the community. This right of entry
shall not be limited in any way by the existence or lack of existence of a
request, authorization or other consent or approval of entry for inspection.
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 shall given 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 § 209-5, the Code Enforcement Officer may issue an appearance ticket, returnable to the Town of Clarence 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 Clarence 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:
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"To the owner, occupant or person having charge of land
within the Town of Clarence briefly described as follows:
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(Here describe the subject property.)
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"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 Clarence. 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.
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"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 publications, you are hereby summoned to appear before the Town
Board of the Town of Clarence, New York, at ..... m. o'clock, on the ..........
day of .................... , ....... , at which time a hearing will be held
to determine why the Town of Clarence, 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 Clarence shall be assessed against said property and shall
constitute a lien thereon and be collected in the manner provided by law.
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"Dated:
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"Code Enforcement Officer
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"Town of Clarence"
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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 proper screening.
There shall be a presumption that a person who has received the notice prescribed by § 209-7 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 part thereof on any one site within the Town of
Clarence, 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 such 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.[1]
[1]
Editor's Note: Section 4-13, Amnesty period, which immediately followed
this section, was deleted 7-22-1992 by L.L. No. 1-1992.
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.
