[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:
- ABANDONED VEHICLE
- 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.
- JUNK VEHICLE
- 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.
- SALVAGE VEHICLE
- 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.
- UNINSPECTED 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.
- UNREGISTERED VEHICLE
- 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. 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.
- B. 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:
Licensed automobile dealers operating a business which meets all New York State Law and Town zoning and code requirements.
Operable recreational vehicles and operable agricultural vehicles and equipment, trucks, machinery or tools used on a farm for agricultural production.
Vehicles placed or stored in a garage or other such covered permanent structure.
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 violator of this chapter shall be punishable as provided in § 1800 of the Vehicle and Traffic Law.
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.
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.