[HISTORY: Adopted by the Town Board of the Town of Walworth 12-7-2006 by L.L. No.
4-2006; amended in its entirety 2-21-2013 by L.L. No.
2-2013. Subsequent amendments noted where applicable.]
The outdoor storage or keeping of junked or abandoned vehicles
on privately or publicly owned property within the Town of Walworth
is detrimental to the health, safety and general welfare of the community.
The same also constitutes an attractive nuisance to children and in
many ways imperils their safety. Such storage also endangers the person
and property of members of the community, since fuel tanks containing
gasoline or gasoline fumes may easily explode. Such storage is unsightly
and depreciates all property values. The control of the outdoor storage
or keeping of such vehicles within the Town of Walworth is, therefore,
regulated for the preservation of the health, safety and general welfare
of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle that is:
Without a current inspection sticker, registration and license plates all properly displayed and/or mounted as required by the New York State Department of Motor vehicles, except for recreational vehicles or box trailers that shall be deemed a structure under Chapter 180 of the Walworth Town Code, and except house trailers;
Being held or used for the purpose of resale of used parts therefrom
or for the purpose of reclaiming for use some of the materials therein;
Wrecked, discarded, dismantled, or partially dismantled;
In such a condition as to cost more to repair and place in operating
condition than its reasonable market value after such repairs; or
Left unattended for more than seven days on a public road or
public property.
With respect to any vehicle not required to be licensed or not
usually used on the public highway, the fact that such vehicle has
remained unused for more than 12 months and is not in a condition
to be removed under its own power shall be presumptive evidence that
such vehicle is an abandoned, unlicensed, uninspected, inoperative,
discarded or junked vehicle(s).
The fact that a vehicle does not display a current motor vehicle registration, license plate and inspection sticker, except for recreational vehicles, box trailers and house trailers, provided they are compliant with Chapter 180 of the Walworth Town Code, shall be presumptive evidence that such vehicle is not in any condition for legal use upon the highways.
The dismantling or disassembling of new or used vehicles
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or parts.
A vehicle that is substantially intact and not dismantled
or partially dismantled, with tires fully inflated, and that can be
operated under its own power.
A person, firm or corporation being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of real
property located within the Town of Walworth.
A person, firm or corporation having the property in or title
to a vehicle, including a person entitled to use and possession of
a vehicle subject to a security interest of another person, and also
including any lessee or bailee of a vehicle having the use thereof
under lease or otherwise.
Includes all parcels of real property not owned by any unit
of government, and situated in the Town of Walworth.
A machine or vessel propelled by other than human power,
designed to travel along the ground or water by use of wheels, tracks
or other mechanical means to transport persons or property or pull
machinery, and shall include, without limitation, automobiles, trucks,
campers/RVs, tractors, trailers, motorcycles, boats and wagons, excluding
box trailers and house trailers.
It shall be unlawful for any person, firm or corporation, within
the Town of Walworth, to engage in or to assist or participate in
automobile wrecking or to store or deposit or cause or permit to be
stored or deposited an abandoned, unlicensed, uninspected, inoperative,
discarded or junked vehicle(s) or part or piece thereof on private
premises within the Town of Walworth, unless:
A.
Such vehicle is stored or deposited on a premises legally used, operated
and located for a junkyard; or
B.
Such vehicle is stored in a completely enclosed building; or
C.
Such vehicle is temporarily stored on the premises of a duly authorized
vehicle service station or body repair shop within a business or industrial
district of the Town while awaiting repair or servicing at such place
of business. Not more than five such vehicles shall be permitted on
any such premises at any one time; or
D.
Such vehicle is kept on the premises of a legally and actively operated
farm operation as defined in the New York State Agriculture and Markets
Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Except as otherwise expressly permitted in this Code, such as for
junkyards, no more than one inoperable or unlicensed motor vehicle
shall be parked, kept or stored on private property. No such vehicle
shall at any time be in a state of major disassembly, disrepair, or
in the process of being stripped or dismantled. Said inoperable vehicle
shall not block the entrance to or exit from the premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No vehicle shall be parked or stored on any private premises
that are vacant in a residential district.
A.
It shall be unlawful for any person, firm or corporation to maintain
or permit to be maintained any vehicle parked outside on public property
for more than 24 hours.
B.
It shall be unlawful for any person, firm or corporation to maintain
or permit to be maintained, stored or parked outside on public property
any abandoned, unlicensed, uninspected, inoperative, discarded or
junked vehicle(s) at any time.
For the purpose of this chapter, the location of junkyards and
yards used for the storage of an abandoned, unlicensed, uninspected,
inoperative, discarded or junked vehicle or for automobile wrecking
already established shall be permitted to continue in existence, provided
that the owner of the premises shall, within 60 days following the
effective date of this chapter, obtain from the Town Board of the
Town of Walworth a license in accordance with the terms and provisions
of § 136 of the General Municipal Law.
If the provisions of the foregoing sections are believed to
be violated, the Code Enforcement Officer of the Town of Walworth
shall serve a written notice, personally or by regular and registered
or certified mail, upon the owner of vehicle or owner of private premises
where a vehicle or abandoned, unlicensed, uninspected, inoperative,
discarded or junked vehicle(s) is held, or both, to comply with the
requirements of this chapter. The Code Enforcement Officer may determine
the owner of private premises in the Town of Walworth by the current
assessment roll of the Town, and may serve written notice upon the
owner of private premises by mailing such notice by regular and registered
or certified mail to the person at the address listed on the current
assessment roll. If the Code Enforcement Officer is unable to determine
the ownership or address of the owner of private premises or the owner
of vehicle, such notice may be made by publishing the same in the
official newspaper of the Town once each week for two consecutive
weeks. In the event the Code Enforcement Officer is unable to determine
the ownership of any vehicle or abandoned, unlicensed, uninspected,
inoperative, discarded or junked vehicle(s) parked on public property,
notification shall be made by publishing the same in the official
newspaper of the Town once each week for two consecutive weeks. Affidavits
of publication shall be filed with the Town Clerk. Due notice shall
be in substantially the following form:
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To the owner, occupant or person having charge of land within
the Town of Walworth briefly described as follows:
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(Describe the subject property here)
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or,
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To the owner of personal property, being a vehicle described
as follows and parked on public lands: (Describe the subject property
here.)
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Notice is hereby given that a vehicle or an abandoned, unlicensed,
uninspected, inoperative, discarded or junked vehicle(s) is stored
or deposited on the described property in violation of the Vehicles,
Junked and Abandoned Law of the Town of Walworth
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or,
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Notice is hereby given that an abandoned, unlicensed, uninspected,
inoperative, discarded or junked vehicle has been parked on public
lands located at _______________________ within the Town of Walworth
for a period in excess of ____________ day(s), in violation of the
Vehicles, Junked and Abandoned Law of the Town.
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or,
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Notice is hereby given that a vehicle has been parked on public
lands located at _____________ within the Town in violation of the
Vehicles, Junked and Abandoned Law of the Town.
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This vehicle or abandoned, unlicensed, uninspected, inoperative,
discarded or junked vehicle must be removed therefrom within 10 days
from the date of this notice; provided however, that if this notice
is served on you by publication, said vehicle shall be removed within
24 days from the first publication date of this notice. If such vehicle
or abandoned, unlicensed, uninspected, inoperative, discarded or junked
vehicle(s) is not removed on or before the expiration of this said
10 days from the date hereof, or on or before the expiration of the
24 days from the date of this notice in the event it is served on
you by publication, the Town of Walworth shall have the right to enter
upon the premises and to remove and dispose of the vehicle or abandoned,
unlicensed, uninspected, inoperative, discarded or junked vehicle(s).
The expense incurred by the Town of Walworth shall be assessed against
the real property of the owner of the vehicle, or of the abandoned,
unlicensed, uninspected, inoperative, discarded or junked vehicle,
or the owner of private premises within the Town of Walworth where
the vehicle or abandoned, unlicensed, uninspected, inoperative, discarded
or junked vehicle is stored, and shall constitute a lien thereon and
shall be collected in the manner provided by law.
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Dated:__________
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Code Enforcement Officer
Town of Walworth
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Each separate day of noncompliance with any provision of this
chapter shall be considered a separate violation. A violation of this
chapter or any provision or part thereof by any person, firm or corporation
is hereby declared to be a violation punishable by a fine not exceeding
$250, plus a Town surcharge, and the Town's cost of inspection, service
of notice, removal, towing and permanently disposing of such vehicle
or abandoned, unlicensed, uninspected, inoperative, discarded or junked
vehicle(s), or by imprisonment for 15 days or both. Any person, firm
or corporation who shall resist or obstruct the duly authorized agents,
servants, officers and employees of the Town of Walworth in the removal
and destruction of a vehicle or an abandoned, unlicensed, uninspected,
inoperative, discarded or junked vehicle by the order of the Code
Enforcement Officer shall be subject to fines and penalties provided
herein for a violator of this section. For the purpose of conferring
jurisdiction upon the courts and judicial officers generally, violations
of this chapter or any provisions or part thereof shall be deemed
violations, and for such purposes, all provisions of law relating
to violations shall apply.
Notwithstanding any other provision of this chapter, the Town of Walworth may serve such notice, hold such hearings, and do such other and further things as set forth in this section and at the same time or any other time, without prior notice, may proceed with § 168-8 concerning the imposition of penalties.
