[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park 12-8-1986 by L.L. No. 9-1986. Amendments noted where applicable.]
A.
For the purpose of maintaining and 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 village 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 Village of Massapequa Park.
B.
The unrestrained accumulation of unregistered motor vehicles
is a hazard to such health, safety and welfare of the citizens of the village,
necessitating the regulation, restraint and elimination thereof. This chapter
is enacted in recognition of the fact that even a single unregistered motor
vehicle, 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 Village of Massapequa Park
landscape.
(5)
Destroys the aesthetic qualities of the village 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
the village generally.
(7)
Makes the village a less safe and pleasant place in which
to live and to do business.
(8)
Damages the welfare of the village 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.
This chapter may be known and cited as the "Village of Massapequa Park
unregistered Motor Vehicle Local Law."
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
OPEN STORAGE
PERSON
UNREGISTERED MOTOR VEHICLE
(1)
(2)
VILLAGE
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 and/or
restored to a condition which is substantially in conformance with the manufacturer's
specifications and appearance.
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.
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.
Any motor vehicle, whether automobile, bus, van or truck, originally
intended for travel on the public highways, which is abandoned, stored, left
or placed by its owner or any other person or is permitted or condoned to
be abandoned, stored left or placed by its owner or any other person on public
or private premises in the Village of Massapequa Park, which vehicle:
Is not currently registered by the State of New York or any other state
for operation on public highways and has not been registered during the preceding
30 days, except when any vehicle as designated above is not required to be
registered by the laws of the State of New York or any other state; 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.
Includes all areas within the Village of Massapequa Park, both publicly
and privately owned.
A.
No unregistered motor vehicle shall be openly stored
or be allowed to be openly stored by the owner of the real property thereof
or by any other person on public or private property, and the same will constitute
a violation of this chapter, except as permitted by the terms and provisions
of this chapter.
A.
When the Village of Massapequa Park determines that a motor vehicle within the village has been unregistered for a period of 30 days and violates any of the subsections of § 328-1, the Village of Massapequa Park shall give written notice by certified mail to the owner of the real property where the unregistered motor vehicle is situated or to any person who may have an interest in said real property or in said motor vehicle that there is a violation of this chapter. Said notice shall direct the person so served by certified mail, regardless of the ownership of the motor vehicle, if the property owner or tenant is served, to terminate the open storage of such motor vehicle within the village within 30 days of said written notification served upon him by the village.
B.
The written notice set forth in Subsection A above shall state that said individual, partnership, corporation or other entity shall have 30 days from the date of the written notification to comply with one of the following requirements of this chapter:
(1)
To register said motor vehicle pursuant to the laws of
the State of New York or any other state.
(2)
To store said motor vehicle in a completely enclosed
structure, such as a garage, pursuant to the local laws, rules and regulations
of the Incorporated Village of Massapequa Park.
(3)
To remove said motor vehicle from the premises or real
property thereof.
(4)
To apply to the Village of Massapequa Park for a permit
for an exception to this chapter, which application shall be in writing by
the applicant to the Village Administrator or his designated agent.
A.
Any individual or party may apply to the Village Administrator or his designated agent for a permit to leave on his or her real property an unregistered motor vehicle that violates any of the subsections of § 328-1, and the granting or denial of the issuance of the permit shall be the decision of the Village Administrator or his designated agent.
B.
Any permit or renewal permit may be issued by the Village
Administrator or his designated agent as set forth above and shall be for
a six-month period, except that the Village Administrator or his designated
agent may at any time during said six-month period revoke and annul said permit
or renewal permit if it is determined by the Village Administrator or his
designated agent that the recipient of the permit or the renewal permit has
not complied with the intent of this chapter or the rules and regulations
of the village relating to the same. Said revocation or annulling of the permit
or renewal permit shall be by certified mail to the recipient of the permit
or renewal permit, and upon said service by certified mail, the permit or
renewal permit shall be revoked and annulled effective immediately.
C.
Said permit may be renewed for an additional six-month
period, subject to the decision of the Village Administrator or his designated
agent.
[Amended 6-13-1994 by L.L.
No. 18-1994]
The violation of this chapter shall be punishable by a fine of up to
the maximum fine allowed by law, with a minimum mandatory fine of $50. Each
week that such separate violation shall continue or be carried on shall constitute
an additional separate violation of this chapter, and each separate violation
shall be punishable by a minimum mandatory fine of $50 and may be punishable
by a fine of up to the maximum fine allowed by law per violation and/or by
imprisonment for up to 15 days.
