[Adopted 3-1-1973 as §§ 19-32 through
19-42 of Ch. 19 of the 1973 Code]
A.
It is hereby determined, by the City Council, that abandoned,
junked, discarded, dismantled (in whole or in part) or inoperable motor vehicles
placed on private property accessible from the public street within the City
constitute extraordinary hazards to the safety of children who are attracted
to play in, upon and about the same when they are able to go near the same.
Gasoline tanks on such vehicles often contain some quantity of combustible
gasoline; the engines and other parts are frequently covered with flammable
grease and oil; the tires, plastic seats, tops and other elements of the same
are also flammable; batteries and other elements of the same contain acids
and other matters potentially harmful to humans; such motor vehicles frequently
contain sharp metal or glass edges or points upon which a human could receive
serious cuts and abrasions.
B.
Such abandoned, junked, discarded, dismantled (in whole
or in part), or inoperable motor vehicles are hereby declared a "public nuisance"
which annoy, injure or endanger the comfort, repose, health or safety of a
considerable number of persons, as set forth in § 240.45(1) of the
Penal Law.
Any person, firm or corporation who places any motor vehicle upon the
real property in the City of another, without the permission of the owner
of such real property, shall be guilty of a violation of this section.
[Amended 4-6-2006 by Ord. No. 4]
A.
Any person, firm, partnership, corporation, limited-liability
company or any other legal entity who or which owns, leases or occupies any
parcel of real property within the City of Troy, which consists, in whole
or in part, of vacant land, upon which land has been placed any motor vehicle
which is abandoned, junked, discarded or otherwise, whether placed there by
such vehicle owner, property owner or another, shall remove any and all such
vehicles from that land within 48 hours from a notice and warning from the
Commissioner of Public Works or the Commissioner's authorized representative
from the Department of Public Works. A motor vehicle, unless registered and
insured, shall never be stored on private property unless that vehicle is
stored and kept in a garage which has a certificate of occupancy, or upon
a City-approved driveway located on that private property, or upon any approved
private parking area or public parking area within the City right-of-way.
B.
After the forty-eight-hour notice and warning as provided for in Subsection A hereinabove, and when any such vehicle has not been removed from the property as directed by the Commissioner of Public Works, or his/her authorized representative, the Commissioner is hereby authorized to direct the removal of that vehicle from the property by a City employee or an authorized agent. All costs associated with the removal and storage of that vehicle will be added to and constitute a part of the fine prescribed in Chapter 1 of the City Code, General Provisions. In addition, the City of Troy will also relevy any unpaid costs against the property tax bill of the property from which the vehicle was removed.
The licensee under this article must personally manage or be responsible
for the management of the activity or business for which the license is granted.
The licensee under this article must maintain an office and a sufficient
number of employees on the premises to assure the proper and safe conduct
of such activity or business, to minimize the fire hazard therefrom and to
prevent improper trespass thereon by children and others.
A.
The licensee under this article must erect and maintain
a wire fence of close mesh or one made of wood or of other material, not less
than six feet in height, adequate to prohibit the entrance of children and
others into the area of the activity or business and to contain within such
fence the materials dealt in by the licensee and, if such area abuts a residential
area or public street or highway, such fence shall be 25 feet from the boundary
line thereof. All the materials dealt in by the licensee shall be kept within
such fence at all times.
B.
When the area is not supervised by the licensee or his/her
employees, the fence shall be locked at a secure gate in a secure manner.
Inside and adjacent to and contiguous with the fence required by this
article, a strip of land at least 15 feet in width shall be kept free of all
dry grass and other growth or other combustibles and of the materials in which
the licensee under this article deals, so as to provide a fire lane or line
around the whole area where the activity or business of the licensee is being
conducted.
The autos, parts and materials dealt in by the licensee under this article
shall be disassembled or dismantled by means other than burning. They shall
be piled or arranged in neat rows so as to permit easy, clear passage through
the same.
There shall be maintained at each place of activity or business for
which a license is issued under this article at least one fire extinguisher
of approved design and capacity for each 40,000 square feet of area. Each
such fire extinguisher shall be hung or mounted in a conspicuous place, clearly
marked and available.
The area of the licensee's activity or business shall not be used as
a dump area nor as a place for the burning and disposal of junk or trash.
[Amended 11-2-1989; 4-6-2006
by Ord. No. 4]
No person, firm, partnership, corporation, limited-liability company or any other legal entity who or which owns, leases or occupies any parcel of real property within the City of Troy shall cause any vehicle to be stored on any private lands within the City of Troy, as defined in this chapter. The owner of the vehicle(s) and/or the owner of the real property where the vehicle(s) is being stored can be charged under this Chapter 275 for each vehicle stored on the property. After the expiration of the notice to remove, each and every twenty-four-hour period the vehicle remains on the private property is a separate violation of this chapter. There shall be a rebuttable presumption that the owner of any vehicle, licensed or not, caused such vehicle to be stored on the property. A violation of this section, by the real property owner or the vehicle owner, shall be punishable by a fine of not less than $250 and no more than $1,000 per vehicle per twenty-four-hour period. The term "owner" shall be defined as provided in § 1224(7)(e) of the Vehicle and Traffic Law of New York State. "Vehicle" shall be defined by § 125 of the Vehicle and Traffic Law of New York State.
