[HISTORY: Adopted by the Board of Trustees
of the Village of Manlius 10-27-1959. Amendments noted where applicable.]
It is the purpose of this chapter fully to promote and protect health, safety, morals, property interests and peaceful enjoyment thereof and the general welfare of the inhabitants of the Village of Manlius by efficient regulations of the installation, occupation, operation and removal of all such vehicles or structures named in § 91-2 below.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure smaller than Zoning and Building Code requirements,
designed for use for human habitation.
Any lot, place, tract or parcel of land whereupon two or
more house trailers, trailers or mobile homes, as hereinbefore defined,
are located or parked to be used thereon, designed for use thereon
or capable of being used thereon for any of the purposes stated in
the definition of "house trailer."
Any vehicle or movable structure used, designed for use or
capable of being used with quarters for and facilities for living,
cooking, eating, sleeping and/or sanitary purposes for human habitation,
whether mounted on wheels or with wheels removed and whether capable
of being propelled by its own power or by the power of another vehicle
to which it may be attached.
Any lot, place, tract or parcel of land whereupon two or
more tents or tent houses, as herein defined, are located to be used
thereon for any of the purposes stated in the definition of "house
trailer."
Any nonvehicular structure constructed of canvas or other
light material, used for human habitation and failing to conform to
the Zoning Construction and Building Code Ordinances and regulations
of the Village of Manlius.[1]
Any lot, tract or parcel of land whereon are located two
or more vehicles, cabins or other quarters used or designed to be
used for transient human habitation and not conforming to Zoning and
Building Code requirements.
A.
Parking. It shall be unlawful within the corporate limits of the Village for any person to park for more than two consecutive hours any trailer or other structure, vehicle or abode listed in § 91-2 on any street, alley, highway, parking lot or other public place or upon any lot, tract or parcel of land in said Village that is owned by any person or firm, except only as specifically provided in this chapter.
B.
Residential zones. It shall be unlawful for any trailer or other vehicle, structure or abode listed in § 91-2 to be parked, placed or occupied on any lot or tract of land owned by any person or firm and located in any residential zone within the corporate limits of the Village. This chapter shall apply to any existing vehicles or structures listed under § 91-2 which are located in the Village upon the date of the adoption of this chapter. The owners thereof shall have a period of 30 days from the effective date of this chapter to conform to all the provisions of this chapter and to make application for a license. If no such application is made, or if any such application is rejected, the owner of such temporary abode or trailer shall forthwith remove the same from such premises.
C.
House trailer camps, trailer camps, mobile home camps,
tent camps and tourist camps. No person, firm or corporation, being
the owner, lessee or occupant of any land or premises within the Village
shall use or permit the use of said land or premises for the purpose
of a house trailer camp, trailer camp, mobile home camp, tent camp
or tourist camp, except only as hereinafter specifically provided
in this chapter. Each such camp shall be limited in area to 4,000
square feet.
D.
Exceptions. The prohibitions in this section and the
other provisions contained in this chapter, insofar as one camping-type
trailer is concerned, may be waived by the Village upon the owner
thereof applying for and being granted a permit by the Village Board
for the storage of one such camping-type trailer on the owner's premises,
provided that said camping-type trailer is not used or occupied as
living quarters during its storage on premises in the Village. Said
permit shall be revocable at will by the Village Board without cause.
[Added 7-26-1960]
A.
License required for house trailers, trailers, mobile
homes, tents and cabins. No person or persons, firm or corporation,
being the owner, lessee or occupant of any land or premises within
the Village, shall use or permit the use of such land for the parking,
storage, use or occupancy of any house trailer, trailer, mobile home,
tent or cabin without first obtaining a license, as hereinafter provided.
B.
Application for license. The application for a license
under this section shall state the name of the applicant, his permanent
residence address, the name and address of each prospective applicant,
the name and make of each such trailer or other prospective abode,
the registration number of such trailer, the state in which registered,
the year of such registration and, if such house trailer or other
abode is propelled by another power-driven vehicle to which it may
be attached, the make, registration number, the name and address of
the owner of such other vehicle, the street and number and lot where
such trailer or other abode is proposed to be located, a statement
under oath as to the estimated duration of such temporary stay in
such proposed location and a detailed statement as to what provisions
are being made to comply fully with all of the requirements of this
chapter. Incorporated in such application shall be the applicant's
agreement to faithfully observe, perform and abide by all of the provisions
of this chapter.
C.
Issuing of license. Upon receipt of proper written application in accordance with all the provisions of this chapter, accompanied by the receipts of the license fee as set, from time to time, by resolution of the Village Board, for each single unit defined under § 91-2 as "house trailer," "trailer" or "mobile home," the Village Board only, at one of its regular meetings, may reject such application and withhold such license, without recourse and without assigning a reason therefor, or may issue such license, which shall be valid only when duly signed by the Mayor, each Trustee and the Clerk, for such temporary use and occupancy, said license to continue in force and to be valid only for the term so specified therein, but in no instance longer than 60 days, or through the 31st day of December next succeeding. Such license, when issued, shall be issued solely to the owner of such trailer or other abode listed under § 91-2 which trailer or other abode shall be parked or otherwise located only upon premises owned by the owner of such trailer or other abode and to be used and occupied solely by said owner and his family, and such license shall in all cases not be renewed for a second or successive term.
[Amended 7-26-1960; 8-24-1982 by L.L. No. 4-1982; 5-14-2019 by L.L. No. 1-2019]
D.
Fees for licenses. Each such applicant shall accompany
his application by the fee as set, from time to time, by resolution
of the Village Board, with said fee to become the property of the
Village upon the issuance of said license or to be refunded to the
applicant if such application is rejected.
[Amended 7-26-1960; 8-24-1982 by L.L. No. 4-1982; 5-14-2019 by L.L. No. 1-2019]
E.
No vested interest. None of the provisions of this
chapter, nor the issuance of any license thereunder, shall be construed
as granting or granted vested interest to anyone licensed under this
chapter, and the Board of Trustees hereby expressly reserves the right,
without assigning any reason therefor, to withdraw all permission
and revoke any or all such licenses granted under this chapter, such
revocation to be effective 30 days after the date of notice by publication
and posting and written notice by registered mail to the holder of
such license.
A.
Location. Any abode listed under § 91-2 of this chapter may be located only in an industrial zone. Not more than one such house trailer or other abode listed in § 91-2 of this chapter shall be permitted to park or otherwise locate on each such lot or separate tract or parcel of land. Such house trailer or other abode shall not be parked or otherwise located nearer than 20 feet to the side or rear lines of any such parcel of land nor within 60 feet of the street line of such premises. No abode listed under § 91-2 of this chapter shall be located in any residential zone.
B.
Condition of land.[1] All land used for house trailers or such other abodes
shall be well drained, of ample size and free from heavy or dense
growth of brush or woods. The land shall be properly graded to ensure
rapid drainage during the following rain and shall at all times be
drained so as to be free from stagnant pools of water. All such land
shall at all times be kept clean, orderly and free from filth, trash
and refuse.
C.
Sewer and water service and fire protection.[2]
(1)
Each such house trailer or other abode shall be provided,
at the expense of the owner thereof, with approved sewer and water
connections to existing public sanitary sewer and water systems of
the Village or of any district therein, all such work being done solely
by the Village and all such material being furnished solely by the
Village. No house trailer or other such abode shall be permitted in
any lot or area where public water service is not available, or, in
other than an industrial zone, where sanitary sewer systems are not
available, such house trailers or other abodes shall be provided by
the owner of such habitation with suitable and adequate sewage disposal
systems, constructed and installed in a manner approved by the Health
Officer of the Village and the State Department of Health.
(2)
Each such house trailer or other abode shall be provided
by the owner thereof with suitable and adequate fire extinguishers
and other fire-prevention devices as may be prescribed by the Fire
Department of the Village and as otherwise designated and approved
from time to time by the Village Board.
A.
The police officers of the Village, the Health Officer, the Mayor and members of the Board of Trustees and any other duly authorized agent or employee of said Village shall have the right, duty and are hereby empowered to enter upon any land or premises within the Village upon which house trailers or other human abodes specified in § 91-2 of this chapter are installed for any or all purposes of inspection and enforcement of all the provisions of this chapter.
B.
Inspection and revocation of license. If any representative
of the Village, above listed, upon inspection shall find that such
house trailer or other abode is not being maintained in a clean and
sanitary condition or that it is not being conducted in accordance
with the ordinances and regulations applicable to such abodes, he
shall serve upon the holder of such license an order in writing directing
that the conditions therein specified shall be remedied within five
days after the service of such order. If, after the expiration of
such period, such conditions remain unchanged or are not corrected
in accordance with the order of such representative, the Village Clerk
shall serve a notice in writing upon such owner of house trailer or
other abode, requiring the holder of such license to appear before
the Village Board at a time to be specified in such notice, not less
than 24 hours and show cause why such license should not be revoked.
The Village Board may, after a hearing at which the testimony and
witnesses of the Village representative and of the holder of such
license shall be heard, revoke such license if the conditions described
in the original order have not been corrected in accordance with the
terms of such order or if the holder of such license has violated
any of the ordinances or the regulations applicable to such house
trailer or other abode, or for any other sufficient and reasonable
cause. Upon such revocation of such license, the premises shall forthwith
cease to be used for the purpose of a house trailer or other abode.
C.
Garbage receptacle. Each such house trailer or other
abode shall be provided by the owner thereof with equipment sufficient
to prevent littering of the land and premises with rubbish, garbage,
refuse, etc. and shall be provided with flytight metal depositories
with tight-fitting covers. Such depositories shall be kept at all
times in clean and sanitary condition.[1]
D.
Removal of wheels. It shall be unlawful for the owner of any trailer or abode listed in § 91-2 of this chapter to remove the wheels from such abode or otherwise deposit or affix such house trailer or abode to the ground. Any such removal shall be grounds for immediate revocation of the license for such trailer or abode and shall subject such abode immediately to the requirements of the Zoning Ordinance and Building Code of the Village.[2]
E.
Miscellaneous provisions.
(1)
All plumbing, heating and lighting fixtures installed
in any such trailer or other abode shall conform fully to the requirements
of the State Board of Health, the Standard Plumbing Code and the Building
Code of the State of New York.
(2)
The issuance of a license under this chapter for a house trailer or other abode shall not be construed to eliminate the necessity of complying fully with all other applicable ordinances and health regulations of the Village. Trailer camps which comply in every respect with all other provisions of this chapter shall be further limited as to location within the industrial zone. House trailers and other abodes must be kept in orderly, clean and sanitary condition at all times. Any addition to the exterior of any such trailer or other abode listed in § 91-2 of this chapter by construction, attachment or installation, increasing its capacity or facilities, shall be deemed sufficient grounds for revocation of license.
F.
Felony or misdemeanor. The commission of any felony
or misdemeanor on the licensed premises herein automatically suspends
the license thereof, described herein. The licensee shall be entitled
to a hearing before the Village Board on said suspension within seven
days after the service of a notice of such suspension upon him, at
which time evidence shall be taken and the licensee given opportunity
to be heard and to appear with his attorney, and, after hearing the
evidence, the Village Board may, on the record of the hearing and
all the facts brought forth, determine to suspend, revoke or restore
said license. Such notice to the licensee shall be given to him personally
or in his absence by posting said notice of suspension in some conspicuous
place upon the licensed premises.