[HISTORY: Adopted by the Town Board of the Town of Hague 5-13-2003
by L.L. No. 1-2003. Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants of the Town of Hague. It is further
declared that the unrestrained accumulation of junk motor vehicles, machinery,
scrap metals, wastepaper, rags, used or salvaged building materials or other
discarded materials is a hazard to such health, safety and welfare of citizens
of the Town necessitating the regulation, restraint and elimination thereof.
The law recognizes that the maintenance of an orderly, attractive and healthy
community is a legitimate subject area for governmental action. Additionally,
the Town finds that tourism and the economic benefits that Hague would derive
from tourism and its associated businesses are deterred by the accumulation
of conditions that this chapter seeks to control; further, that property values
in the Town are artificially suppressed by visual blights, preventing development
of the Town for second homes and vacation homes that would increase the tax
base. Finally, the Town is concerned that unregulated junkyards and junk generally
create the potential for the endangerment of the community's public health
by creating an unnatural breeding ground for insect-borne diseases that may
redevelop, such as malaria, and that threaten to spread into our region, such
as West Nile virus and Eastern Equine encephalitis.
As used in this chapter, the following terms shall have the meanings
indicated:
Parcels of real property the boundaries of which touch the premises
on which a use prohibited or controlled by this chapter is situated and including
public highways.
Fabricated machinery commonly intended to be used on the interior
of residential structures: to wash clothing, thy clothing, cook meals, refrigerate
or freeze food, heat the premises, heat water, for bathing purposes, and cool
the premises. It shall also mean fuel storage tanks not in use for their manufactured
purpose.
Animal and vegetable waste that, in the ordinary course of events,
will become putrescent, created by handling, preparation, cooking and consumption
of foodstuffs. Vegetable waste being composted for soil amendment or enrichment
shall not be considered garbage. Manure from agricultural animals and pets
shall not be considered garbage.
Any place of storage or deposit, whether in connection with another
business or not, where three or more unregistered, 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 parts 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 open lot or area for the dismantling,
storage or sale as parts, scrap or salvage of used or wrecked motor vehicles,
machinery, scrap metals, wastepaper, rags, used or salvaged building materials
or other discarded materials. For the purpose of this chapter, a vehicle is
not in a condition for legal use on public highways if major parts of the
vehicle are not found thereon, including, but not limited to, the engine,
seats, seatbelts, steering parts, wheels, gas tank, brakes, bumpers, or windshield,
or any other parts that are required to make a motor vehicle legal for use
on public highways.
Garbage, refuse and rubbish as defined herein and all other waste
materials which are thrown or deposited as herein prohibited and tend to create
a danger to public health, safety and welfare.
An individual, an association, a partnership, a corporation, or a
limited-liability company.
A litter and refuse storage and collection receptacle.
All putrescent and nonputrescent solid waste (except body waste),
including garbage, street cleanings, dead animals, solid market and industrial
waste.
Nonputrescent solid waste consisting of both combustible and noncombustible
waste such as paper, wrappings, cardboard, tin cans, glass, bedding, crockery,
building materials, and similar materials.
Includes tires with rubber components or synthetic components intended
originally to be utilized in connection with an inflatable inner tube or by
pressurized inflation for any motor vehicle or muscle-powered vehicle, if
the same are not attached and inflated against a wheel rim.
All vehicles propelled or drawn by power other than muscular power
originally intended for use on public highways that would be required to be
registered by the State of New York if used on public highways, but are not
so registered.
That which can be seen by a person of average height and vision standing
on a portion of lawn, yard, ground, shoulder, macadam, driveway, and or garden.
A.
No person shall maintain an unregistered motor vehicle
for a period of time greater than 90 days in any calendar year in the Town
of Hague unless the same is parked to the rear of a principal structure and
thereby obscured from view from public highways and adjoining lands or, if
there is no principal structure on the premises, the same must be parked and
maintained at a distance not less than 100 feet from the public highway and
50 feet from the boundary line of adjoining neighbors.
B.
After 90 days, an unregistered vehicle shall be removed
from any yard or space between a structure and the closest public highway.
C.
Such vehicles shall be kept in such a condition so as
to prevent the leaking, spillage, or other discharge from such vehicle of
any anti-freeze coolants, oil or other petroleum products, or any other substance,
whether in solid, liquid, or gaseous form, which could be carried by the elements
onto neighboring property, or public property.
D.
This section shall not apply to vehicles fully enclosed
in a garage, an unregistered snowplow truck or non-highway-use vehicles such
as operational contracting equipment.
E.
The penalty for violation of this section shall be deemed
to be a violation under the Penal Law of the State of New York. Upon conviction
of the first offense hereunder, the court may impose a fine in a maximum amount
of $125, and upon conviction of a second offense, a fine in a maximum amount
of $250, and upon conviction of a third offense hereunder and for each successive
conviction thereafter, the court may impose a fine in a maximum amount of
$250 and/or impose a sentence of imprisonment of up to 15 days.
A.
No person shall store, place or maintain tires outside
of a structure within the Town of Hague, unless situated in a licensed junkyard.
B.
No person shall store, place or maintain appliances outside
of a structure within the Town of Hague.
C.
The penalty for violation of this section shall be deemed
to be a violation under the Penal Law of the State of New York. Upon conviction
of the first offense hereunder, the court may impose a fine in a maximum amount
of $125, and upon a conviction of the second offense hereunder, the court
may impose a fine in a maximum amount of $250, and upon conviction of a third
offense hereunder and for each successive conviction thereafter, the court
may impose a fine in a maximum amount of $250 and/or impose a sentence of
imprisonment of up to 15 days.
A.
Litter in public places. No person shall throw or deposit
litter in or upon any street, sidewalk, or other public place or private property
within the Town except in public receptacles and private receptacles for collection,
or in the official Town transfer station.
B.
Persons placing litter in public receptacles or in private
receptacles shall do so in such a manner as to prevent it from being carried
or deposited by the elements upon any street, sidewalk, or other public place
or upon private property.
C.
No person shall sweep into or deposit in any gutter,
street or other public place within the Town the accumulation of litter from
any building or lot or from any public or private sidewalk or driveway. A
person owning or occupying property shall keep sidewalk in front of his or
her premises free of litter.
D.
No person, while a driver or passenger in a vehicle,
shall throw or deposit litter upon any street or other public place within
the Town or upon private property.
E.
No person shall drive or move any truck or other vehicle
within the Town unless such vehicle is so constructed or loaded as to prevent
any load, contents or litter from being blown or deposited upon any street,
alley or other public place.
F.
No person shall throw or deposit litter in any Town park
within the Town of Hague, except in public receptacles and in such manner
that the litter will be prevented from being carried or deposited by the elements
upon any part of the park or upon any street or other public place. If public
receptacles are not provided, all such litter shall be carried away from the
park by the person and disposed of elsewhere as provided herein.
G.
The owner or person in control of any private property
shall at all times maintain the premises free of litter, except that this
section shall not prohibit the storage of litter in private receptacles for
collection, the storage of building materials in an orderly manner which are
for the private use of the owner or person in control of the private property,
or the maintenance of a compost pile for the use of the owner or a person
in control.
H.
No person shall throw or deposit litter in any open or
vacant private property within the Town whether owned by such person or not.
I.
For the purpose of these provisions, an empty soda and/or
other liquid container is found to be litter.
J.
The penalty for violation of this section shall be deemed
to be violation under the Penal Law of the State of New York. Upon conviction
of the first offense hereunder, the court may impose a fine in a maximum amount
of $125, and upon a conviction of the second offense hereunder, the court
may impose a fine in a maximum amount of $250, and upon conviction of a third
offense hereunder and for each successive conviction thereafter, the court
may impose a fine in a maximum amount of $250 and/or impose a sentence of
imprisonment of up to 15 days.
A.
The Board finds that there are no licensed junkyards
in operation at the time of the enactment date of this chapter.
B.
Hereafter, no person shall maintain a junkyard on real
property within the Town of Hague either for himself or on behalf of any person
directly or indirectly as agent, employee or otherwise.
C.
The penalty for violation of this section shall be guilty
of an offense, punishable by a fine not exceeding $250, or imprisonment for
a term not exceeding 15 days, or both. Each day that the violation is carried
on or continues shall constitute a separate violation.
Any person now maintaining a junkyard in the Town of Hague, upon the
effective date of this chapter, shall remove all junk existing on his/her
property within 180 days after the effective date of this chapter.
A.
A wrecker and/or commercial garage may store abandoned,
junked, or unlicensed vehicle(s) or parts thereof at its present location
within the Town of Hague, provided such storage is confined in an enclosed
area and such vehicle(s) may not be stored for more than 180 days, and provided
further that the business operation of the wrecker and/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 Zoning Board
of Appeals, the Planning Board, the Adirondack Park Agency or any other court
of competent jurisdiction, and provided that the vehicle(s) is not stored
at any time on a public highway right-of-way or outside of an enclosed area.
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 and/or commercial garage and such wrecker and/or commercial garage is restrained from allowing the owner to move said vehicle from the location of such wrecker and/or commercial garage by reason of a legal detainer or order of any federal, state, county, or local government agency or body, the one-hundred-eighty-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.
This chapter shall not be construed to affect or supersede the Town's
Zoning Law.[1] This chapter shall not be construed to affect or supersede the
applicability, or requirements, of any other state law for which an applicant
may need approvals, including, without limitation, any applicable Adirondack
Park Agency requirements, any applicable Department of Environmental Conservation
requirements, including the State Environmental Quality Review Act (SEQRA),
or any other state agency requirements. As allowed by General Municipal Law
§ 136(12), this chapter is intended to be in place of the powers
granted to the Town of Hague pursuant to the remaining provisions of General
Municipal Law § 136.
