[HISTORY: Adopted by the Town Board of the Town of Mamakating 2-1-1990
by L.L. No. 1-1990. Amendments noted where applicable.]
A.
For the purpose of promoting a clean, wholesome and attractive
environment, it is declared to be of importance to the health, safety and
welfare of the inhabitants of the town to safeguard their material rights
against unwarranted invasion. Such an environment is deemed essential to the
maintenance and continued development of the economy of the Town of Mamakating,
hereinafter referred to as the "town."
B.
The unrestrained accumulation of inoperable motor vehicles is a hazard to such health, safety and welfare of the citizens of the town necessitating the regulation, restraint and elimination thereof. This chapter is enacted in recognition of the fact that even a single inoperable, unregistered or junk vehicle, as defined in § 189-3, abandoned or stored on private or public property:
(1)
Can constitute both a public and private nuisance.
(2)
Is a source of potential hurt to children and others
who find them an attractive nuisance.
(3)
Is often replete with broken glass, sharp, torn metal
edges and points, gasoline remaining in tanks of a highly combustible and
explosive nature and hurtful acids in batteries, to mention a few of the obvious
sources of physical hurt found in junk vehicles.
(4)
Constitutes a blight on the town landscape.
(5)
Destroys the aesthetic qualities of the town and is generally
unsightly.
(6)
Tends to depreciate not only the property on which it
is located but also the property of other persons in the neighborhood and
town generally.
(7)
Makes the town a less safe and pleasant place in which
to live and do business.
(8)
Damages the welfare of the town as a whole.
(9)
Tends to result in the uncontrolled growth of grass and
weeds.
(10)
Tends to result in the uncontrolled collection of debris.
(11)
Tends to be a breeding ground for insects, rodents and
similar harmful creatures.
C.
The intent of this chapter is to establish a legal procedure
for the removal of said vehicles described hereinbelow where they are found
in the town outside of duly licensed establishments.
This chapter may be known and cited as the "Local Law Providing for
the Removal of Inoperable, Unregistered and/or Junk Vehicles."
A.
Except where specifically defined herein, all words used
in this chapter shall carry their customary meanings. Words used in the present
tense include the future, and the singular includes the plural when used herein.
The term "shall" is always mandatory.
B.
ANTIQUE MOTOR VEHICLE
CLASSIC MOTOR VEHICLE
COMMERCIAL GARAGE
ENFORCEMENT OFFICER
GASOLINE STATION
INOPERABLE, UNREGISTERED OR JUNK VEHICLE
(1)
(2)
(3)
(4)
JUNKYARD
OPEN STORAGE
PERSON
REPAIR SETTLEMENT
TOWN
WRECKER
As used in this chapter, the following terms shall have
the meanings indicated:
A motor vehicle, but not a reproduction thereof, manufactured more
than 25 years prior to the current year, which has been maintained in or restored
or will be maintained in and restored to a condition which is substantially
in conformance with the manufacturer's specifications and as defined
by New York State motor vehicle regulations.
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 to a condition which is substantially in conformity with the
manufacturer's specifications and appearance and as defined by New York
State motor vehicle regulations.
Any establishment, the business of which is repairing motor vehicles
or any part thereof.
The person appointed by the Town Board, or his designated deputy,
to perform the duties herein conferred on the enforcement officer. This shall
include constables and code enforcement officers of the town.
A building or land that is used for the sale of motor fuel, oil and
motor vehicle accessories and which may include facilities for lubricating,
washing or servicing motor vehicles, but not including painting or major repairs.
Any motor vehicle, whether automobile, bus, trailer, truck, tractor,
mobile home, motorcycle, motor bicycle, minibicycle or snowmobile or any other
contraption originally intended for travel on the public highways, which is
abandoned, stored, left or located by its owner or any other person or is
permitted or condoned to be abandoned, stored, left or located by its owner
or any other person on public or private premises in the town, except for
that which is located within the boundaries of a permitted junkyard, which
vehicle:
Is not registered by the State of New York for operation on public highways
and which has not been registered within the preceding six months;
Is not currently registered and not in a condition for legal use on
the public highways. A vehicle which is in condition to pass the requirements
for the New York State motor vehicle inspection sticker shall be deemed to
be in condition for legal use on the public highways;
Is no longer intended to be used on the public highways, the condition
of the vehicle and circumstances surrounding its storage or abandonment being
admissible for purposes of determining such intent; or
Is being held or used for the purpose of resale of used parts therefrom
or for the purpose of reclaiming for use some or all of the materials therein
or for the purpose of disposing of the same.
Land or a building used exclusively for the collecting, storage or
sale of wastepaper, rags, scrap metal or discarded material or exclusively
for the collecting, wrecking, dismantling, storage, salvaging or sale of vehicles
or machinery parts.
Storage other than in a completely enclosed structure, such as a
garage, and such structure shall be constructed of wood, masonry or metal.
Includes 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.
Includes all areas within the Town of Mamakating both publicly and
privately owned.
Any business operating a vehicle for towing or hauling other motor
vehicles.
Open storage of more than one inoperable, unregistered or junk vehicle
shall not be permitted on private or public property within the town except
as permitted in junkyards and by this chapter. No inoperable, unregistered
or junk vehicle shall be parked or stored by its owner on public or private
property or allowed to be parked or stored by the owner thereof or by any
person who exercises any control over the property upon which said vehicle
is stored.
The town enforcement officer and other representatives of the town shall
have the right to enter and inspect, at any reasonable hour, any premises
on which a vehicle or vehicles are openly stored and to inspect such vehicle
or vehicles. Said right of entry shall not be limited in any way by the existence
or lack of existence of a request, authorization, license or other consent
or approval of entry, inspection or removal and disposal.
A.
Appearance tickets.
(1)
The enforcement officer shall issue an appearance ticket
on the owner of the inoperable, unregistered or junk vehicle or on the owner,
tenant or any other person who exercises control over any property on which
the vehicle is openly stored.
(2)
The appearance ticket will be returnable to the Town
Justice at a date and time as specified on the appearance ticket. The appearance
ticket shall specify the alleged local law violation, date and time. A copy
of the appearance ticket shall be forwarded to the Justice and shall be accompanied
by an information form detailing the violation.
B.
If, within the time provided for removal following a
court determination that a vehicle is an inoperable, unregistered or junk
vehicle, the open storage of such vehicle within the town is not terminated,
such vehicle shall be automatically deemed a public nuisance, and the representatives
of the town shall have the right to enter and remove such vehicle from any
premises within the town where such vehicle may be found and to dispose of
such vehicle. Neither the town nor any person acting on behalf of the town
shall be liable to any person for the disposal of or destruction of such vehicle.
In the event that the town shall realize any money from the disposal of such
vehicle, the money shall remain the property of the owner and shall be returned
to the owner without interest, less all costs pertinent to the enforcement
of this section.
A.
Upon written application, the town enforcement officer
may issue a permit for the restoration of an antique or classic vehicle, as
defined by this chapter. The permit shall be issued for a period not to exceed
12 months and may be extended once only for an additional period of three
months upon a satisfactory showing that the vehicle restoration will be completed
within the additional three-month extension period. The fee for the permit
and the fee for an extension shall be $100 and $50, respectively.
B.
The application for a restoration permit shall be on
forms furnished by the town and shall state:
(1)
The name, address and telephone number of the applicant.
The applicant shall be the owner of the vehicle.
(2)
The name, address and telephone number of the owner or
tenant of the property where the antique or classic vehicle is stored. If
the owner of the vehicle is not the owner or tenant of the property where
the vehicle is stored, written permission for the owner or tenant of the property
must accompany this application to allow storage of this vehicle during the
permit period.
(3)
The make, model, year of manufacture, serial number,
type (pickup truck, four-door sedan, etc.) and color.
(4)
The most recent year of registration, state registered
in, plate number and registration number.
(5)
The expiration date of the most recent state inspection
and serial number of the inspection sticker.
(6)
What person will make the repairs.
(7)
The place where the vehicle is presently stored.
(8)
The place where repairs will be made.
(9)
Certification that the owner intends to restore said
vehicle within 12 months from the date of the application.
Inoperable, unregistered or junk vehicles may be stored in junkyards
that have met the requirements of the town.[1]
Inoperable or unregistered or junk vehicles may be stored in areas designated
by the Town Board as temporary holding areas for such vehicles by the town
or by persons under contract or agreement with the town for the disposal of
said vehicles.
A.
Provided that such operations are permitted by all applicable
zoning laws and 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 are not in violation of any applicable
private restrictive covenant or agreement filed or recorded in the Sullivan
County Clerk's office:
(1)
Any wrecker may store inoperable, unregistered or junk
vehicles on one site, but not on more than one site, within the town, provided
that said vehicles are not stored within the town for more than 15 days.
(2)
Any commercial garage may store inoperable, unregistered
or junk vehicles on any one site, but not on more than one site, within the
town pending and during repair of such vehicles, provided that said vehicle
is not stored within the town for more than 60 days, unless a permit for an
extension is issued by the enforcement officer.
B.
Where a repair settlement is pending in good faith, the
foregoing time periods shall not start to run until either a repair settlement
has been made or the inoperable, unregistered or junk vehicle has been stored
within the town for four months.
C.
For good cause shown, the enforcement officer may extend
by permit any time period for such period of time as he determines is reasonably
necessary to permit repair of an inoperable, unregistered or junk vehicle.
The enforcement officer may refuse to permit such extended storage if he determines
that the applicant has not attempted to complete repairs within the regular
time period, is not in good faith or is in violation of this chapter in any
way. A fifty-dollar fee shall be paid for each permit, and the applicant shall
agree that the vehicle will be repaired or disposed of at the end of such
extension or any subsequent extension.
D.
Records.
(1)
Wreckers and commercial garages shall keep records showing
the make, engine number, license plate number, if any, vehicle owner, vehicle
owner's address, purpose for storage, any prior storage within the 12
months by them or, if known, by anyone else within the town and the starting
and ending dates of storage for each inoperable, unregistered or junk vehicle.
Such records shall be shown to the town officials upon request during business
hours. Such records shall be prima facie evidence of the statements therein
contained but shall be refutable.
(2)
In the absence of such records or other sufficient proof
that said vehicle has not been stored in violation of this chapter, the operator
of such business shall be issued an appearance ticket for violation of this
chapter.
E.
Anything in this chapter notwithstanding, any disabled
vehicle may be stored on the premises of any gasoline station for up to seven
days.
F.
Those provisions of prior ordinances and/or local laws
of the town not made inconsistent nor specifically addressed herein shall
survive and hereby become a part of this within chapter as incorporated by
reference herein.
This chapter shall not be construed to prohibit the open storage, not
to exceed four years, of a motor vehicle which is unregistered and is in operable
condition and is owned by a member of the armed forces who is serving on active
duty. A special permit will be required for such storage on a form to be prescribed
by the Town Board.
[Amended 10-4-1990 by L.L. No. 7-1990]
Each violation of this chapter shall be punishable by the penalties set forth in Chapter 1, General Provisions, Art. II. 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 on inspection, service of notices, removal, towing and permanently disposing of such vehicle, less any criminal monetary fine which may have been imposed. Each inoperable, unregistered or junk vehicle stored in violation of this chapter shall constitute a separate violation.
The Town Board may make reasonable rulings and may issue reasonable
regulations in furtherance of and consistent with the intent of this chapter.
