[HISTORY: Adopted by the Town Board of the Town of Manchester 5-14-1996
by L.L. No. 7-1996 (Ch. 170 of the 1989 Code); amended at
time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent
amendments noted where applicable.]
The outdoor storage of abandoned or junked motor vehicles or the used
parts therefrom within the Town of Manchester is a hazard to the preservation
of the public health, welfare and safety in that it constitutes health, fire
and safety hazards and is an attractive nuisance to children which is a peril
to their safety. Such outdoor storage constitutes a blight on the Town's landscape,
is generally unsightly and tends to depreciate the value of property in the
neighborhood. Outdoor storage of abandoned or junked motor vehicles or the
used parts therefrom within the Town of Manchester is hereby regulated for
the preservation of the public health, safety and welfare of its residents.
The specific purpose of this chapter is to prohibit the placement, storage
of abandoned, unregistered, uninspected and/or inoperable or junked motor
vehicles or inoperable automobile or other motor vehicle, snowmobile, lawn
mower, go-cart, motorcycle, abandoned vehicles or salvage vehicles or the
used parts therefrom within the Town of Manchester. The Town of Manchester
declares that the unrestrained accumulation of motor vehicles necessitating
the regulation, restraint and elimination thereof and hereby regulated to
prevent a hazard to the health, safety and welfare and an attractive nuisance
to children which is a peril to their safety and the citizens of the Town.
The outdoor storage constitutes a blight on the Town's landscape, is generally
unsightly, and tends to depreciate the value of property in the neighborhood.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle defined as an "abandoned vehicle" pursuant to § 1224
of the Vehicle and Traffic Law of the State of New York and/or unregistered,
uninspected or inoperable automobile or other motor vehicle, snowmobile, lawn
mower, go-cart, motorcycle, abandoned vehicles or salvage vehicles which has
been openly stored or situated on property, in yards, parking lots, lots,
or public lands, be they commercial, industrial, residential, truck terminals, and/or so dismantled or has had parts removed
from it so that the engine, power train or body is no longer sufficiently
intact to permit the vehicle to operate as intended and in such manner as
to be capable of passing the required New York State inspection process on
properties within the Town of Manchester for a period of 30 days from the
day it is observed and/or inspected by the Code Enforcement Officer of the
Town of Manchester.
Any vehicle, automobile or other motor vehicle, snowmobile, lawn
mower, go-cart, motorcycle, abandoned vehicle or salvage vehicle including
component parts which is stored in open, outdoor storage which, for any reason,
is incapable of being moved by its own power in the manner in which it was
designed to move, and which is not intended for or in condition for safe and
legal use on public highways.
A violation of this chapter by a vehicle, automobile or other motor
vehicle, snowmobile, lawn mower, go-cart, motorcycle, abandoned vehicle or
salvage vehicle including component parts which produces effects of such a
nature or degree that it is detrimental to the health, safety, general welfare,
property values, etc., thus resulting in harm or injury to adjacent or nearby
properties, including storage likely to attract vermin or other pests or infestations,
bees or wild animals.
Any inoperable motor vehicle which is being dismantled for the purpose
of removing undamaged or operable parts for the purpose of resale or installation
in another vehicle.
Any vehicle which has not been inspected for the State of New York
and approved for safe and regular operation on roads and highways in the State
of New York or does not bear an appropriate and valid inspection by regulating
agencies of any state or other governmental entity.
A motor vehicle which has not been currently registered with the
New York State Department of Motor Vehicles or any similar regulating agency
of any state or country and which is incapable of passing the required inspection
for motor vehicles within 10 days.
A self-propelled device or conveyance automobile or other motor vehicle,
snowmobile, lawn mower, go-cart, motorcycle used for the purpose of carrying
or transporting passengers or goods, equipment or property or any combination
of the above purposes.
The term "vehicle" or "vehicles" for the purposes of this chapter shall
refer to the following: unregistered, uninspected or inoperable automobile
or other motor vehicle, snowmobile, lawn mower, go-cart, motorcycle, abandoned
vehicles or salvage vehicles and heavy equipment, i.e., graders, snow plows,
rollers, cranes, shovels, trucks.
It shall be unlawful for any person to store or deposit or cause or
permit to be stored or deposited on any land in the Town of Manchester more
than one vehicle. No property owner, partnership or corporation, lessee, agent
or tenant shall permit, place, store or allow to be stored any vehicle in
violation of this chapter on real property owned by said property owner. For
vehicles on leased property, the responsibility for adherence to this chapter
shall be the responsibility of the property owner. Storage or abandonment
of any vehicle for a period longer than five days after receipt of a notice
from the Town of Manchester shall constitute a violation. The property owner
shall be responsible for the removal expense of any vehicle or vehicles.
This chapter shall not apply to:
A.Â
Licensed automobile dealers operating a business which
meets all New York State Law and Town zoning and code requirements.
B.Â
Operable recreational vehicles and operable agricultural
vehicles and equipment, trucks, machinery or tools used on a farm for agricultural
production.
C.Â
Vehicles placed or stored in a garage or other such covered
permanent structure.
D.Â
Automobile dismantlers duly licensed by the Department
of Motor Vehicles of the State of New York, provided that such automobile
dismantlers complies with all other applicable provisions of law of the Town
of Manchester and State of New York.
The Manchester Township Office of Zoning and Inspections is hereby authorized
to enforce this chapter.
Upon the Code Enforcement Officer determining that a vehicle is being
stored, deposited, placed or abandoned on real property in violation of this
chapter, such officer shall send written notice of the violation to the owner
of record and the occupant of the property, if any, directing the removal
of such a vehicle or vehicles within five days of receipt of such notice.
The Town of Manchester Code Enforcement Officer is hereby authorized
to enforce this chapter and conduct inspections or by any law enforcement
agency having jurisdiction within the Town of Manchester.
There shall be presumption that a person who has received such notice as described in § 297-8 above has stored, deposited, placed, abandoned or caused, consented or permitted the storage of such vehicles described in said notice.
Notwithstanding any other provisions of this chapter, at the expiration
of one year from the effective date of this chapter, vehicles, vehicle storage,
vehicle storage facility, or junkyard located upon real property in the Town
of Manchester in existence at the effective date of this chapter shall not
be permitted and shall be discontinued.
A.Â
A violator of this chapter shall be punishable as provided
in § 1800 of the Vehicle and Traffic Law.
B.Â
In addition to the enforcement in a criminal proceeding
by fine or imprisonment, this chapter may be enforced by instituting a special
proceeding, as authorized by Article 4 of the Civil Practice Law and Rules,
to compel compliance with the provisions of this chapter or to restrain by
injunction any violation thereof or to obtain any other appropriate relief.
C.Â
A civil penalty of $50 per day is hereby imposed for
each day's violation of this chapter, which penalty may be collected in any
judgment rendered in a proceeding of this chapter or in a separate civil action.
Where this chapter imposes greater restrictions than are imposed by
the provision of any law, ordinance, regulation or private agreement, such
greater restrictions shall control.
