[HISTORY: Adopted by the Board of Trustees
of the Village of Holley 9-10-1998 by L.L. No. 3-1998. Amendments noted where
applicable.]
[Amended 8-30-2005 by L.L. No. 1-2005]
The outdoor storage of abandoned, junked, discarded
and unregistered motor vehicles on privately owned property within
the Village of Holley 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 Village of Holley 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,
whether the motor vehicle is inspected, 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 statement as to its abandonment, and
other relevant facts.
[Amended 8-30-2005 by L.L. No. 1-2005]
Any business licensed by the Village and/or the State of
New York to repair motor vehicles or any part thereof.
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.
[Amended 8-30-2005 by L.L. No. 1-2005]
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 Village of Holley.
Any motor vehicle in such condition as to cost more to repair
and replace the same in operating condition than the reasonable market
value before such repair.[1]
[Amended 8-30-2005 by L.L. No. 1-2005]
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 the chapter, the term "motor vehicle" shall include, but not be
limited to, automobiles, trucks, buses, motorcycles and trailers.
[Added 8-30-2005 by L.L. No. 1-2005]
Storage other than in a completely enclosed structure constructed
of wood, masonry or metal.
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.
[Amended 8-30-2005 by L.L. No. 1-2005]
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 Village of Holley.
[Amended 8-30-2005 by L.L. No. 1-2005]
An individual, firm, partnership, association, corporation,
company or organization.
Includes all parcels of real property owned, situated in
the Village of Holley, whether occupied or vacant.
[Added 8-30-2005 by L.L. No. 1-2005]
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.
Any motor vehicle which may be registered with the State
of New York and is not currently registered. The fact that a motor
vehicle may be registered with the State of New York and 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 8-30-2005 by L.L. No. 1-2005]
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.
All areas within the Village of Holley, both publicly and
privately owned.
Any business licensed by the Village to tow or haul other
motor vehicles.
[1]
Editor's Note: The definition of “junkyard,”
which immediately followed this definition, was deleted 10-12-2004
by L.L. No. 3-2004.
[Amended 8-30-2005 by L.L. No. 1-2005]
A.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of property
within the Village of Holley, to store or deposit, or cause or permit
to be stored or deposited, an abandoned, junked or discarded motor
vehicle, or part or piece thereof, on any private property within
the Village of Holley, unless such motor vehicle is stored or deposited
in a completely enclosed building.
B.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant or otherwise of any
private property within the Village of Holley, to store, or deposit,
or cause or permit to be stored or deposited thereon, an unregistered
motor vehicle unless:
(1)
Such motor vehicle is the inventory or part of the
inventory of a new or used motor vehicle dealer located in compliance
with the ordinances and local laws of the Village of Holley.
(2)
Such motor vehicle is a camping, house or board trailer
otherwise stored and used in compliance with the local laws and ordinances
of the Village of Holley.
It shall also be unlawful for any owner or person
to effectuate repairs of vehicles on public highways. Emergency repairs,
such as changing a flat tire, or which require mechanical repair to
a vehicle and are less than one hour in duration shall not constitute
a violation of this section.
The enforcement officer shall have the right
to enter and inspect, at any reasonable hour, any premises on which
vehicle(s) are openly stored and visible to the general public, 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. In the event that a vehicle is not openly stored and visible
to the general public, but the enforcement officer has reasonable
cause to believe that there is a violation of this chapter, said enforcement
officer may make application to an appropriate court for a search
warrant.
[Amended 8-30-2005 by L.L. No. 1-2005]
A.
If the provisions of the foregoing sections are believed
to be violated, the Code Enforcement Officer or any peace officer
shall serve a written notice, either personally or by registered,
certified or ordinary 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 or peace officer may determine
ownership of any parcel of land in the Village of Holley from the
current assessment roll of the Village 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 or peace officer is unable to determine the ownership or address
of the owner of said private property, such notification may be made
by publishing same in the official newspaper of the Village.
B.
This notice shall be in substantially the following
form:
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"To the owner, occupant or person having charge
of land within the Village of Holley briefly described as follows:
(here describe subject property)
NOTICE IS HEREBY GIVEN that an abandoned, junked,
discarded or unregistered motor vehicle is stored or deposited on
the above-described property in the Village of Holley. This vehicle
must be removed therefrom within five days from the date of this notice;
provided, however, that if this notice is served on you by publication-
said motor vehicle shall be removed within 10 days from the first
publication date of this notice."
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In the event of noncompliance with the provisions of this chapter and after five days have elapsed from receipt of the written notice provided for in § 248-6, the Code Enforcement Officer may issue an appearance ticket, returnable to the court of appropriate jurisdiction, at a date and time as specified on the appearance ticket.
A motor vehicle restoration permit may be issued
by the Village of Holley Board of Trustees, subject to the following
terms and conditions:
A.
A restoration permit will be issued to the owner(s)
of the real property on which the vehicle is located.
B.
If the owner of the real property is not the owner
of the vehicle, then the application must be signed by both the owner
of the vehicle and the owner(s) of the real property, and each applicant
shall be jointly and severally responsible for compliance with said
permit.
C.
Only one motor vehicle restoration permit at a time
will be issued to a property owner.
D.
The motor vehicle restoration permit shall be valid
for a maximum of one motor vehicle and shall be valid for six months
from the date of issuance.
E.
At all times that the motor vehicle is not being worked
on for restoration, said vehicle of the property owner shall be covered
with an approved car cover and the area shall be free of debris, litter,
discarded parts or equipment utilized for the restoration.
F.
For vehicles which are not being stored inside, a
car cover must cover the entire vehicle and be securely fastened to
the vehicle. A car cover shall be made of material that will resist
wind, rain and other weather-related circumstances. The use of bricks,
stones, blocks or other material as a fastener shall not be permitted.
G.
The area where the motor vehicle is being stored,
placed or left shall be subject to periodic and random inspections
by the Code Enforcement Officer. Should it be determined that the
subject motor vehicle is not being restored or the area surrounding
the vehicle being restored is not properly maintained and free of
debris, litter, unused parts or equipment, then, in that event, the
restoration permit may be rescinded and the property owner will be
subject to other provisions of this chapter.
A.
A commercial garage may store abandoned, junked or
unlicensed vehicle(s) or parts thereof on any one site within the
Village of Holley, 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 Village
Board, the Board of Appeals, the Planning Board or any court of competent
jurisdiction, and 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 commercial garage and such
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 herein shall not commence to run until said legal
detainer or order is released or vacated. Said detainer shall not
include any garageman's lien which the commercial garage may have.
In the event that a commercial garage is required to store a vehicle
as provided for above due to a garageman's lien which the garage desires
to retain, special permission must be obtained from the Village Board,
on written request therefor, outlining the circumstances of the specific
situation.
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 nonagricultural 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 safely
and without undue risk 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.
[Amended 8-30-2005 by L.L. No. 1-2005]
Violations of this chapter shall be punishable
by a maximum fine of $250 or by imprisonment for not more than 15
days, or both. Each day a violation continues after notice of violation
shall constitute a separate violation of this chapter. No additional
notices shall be required for continuing violations.
[Added 8-30-2005 by L.L. No. 1-2005[1]]
Failure to remove the abandoned, junked, discarded
or unregistered motor vehicle within the periods prescribed above
is a violation of this chapter.
[Added 8-30-2005 by L.L. No. 1-2005]
All motor vehicles shall be removed at the owner's
expense. Any person, firm or corporation who shall resist or obstruct
the duly authorized agents, servants, officers and employees of the
Village of Holley in the removal and destruction of a motor vehicle
by order of the Town Court, Town of Murray, shall be subject to the
fines and penalties provided herein.
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.
