[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park 12-3-1979 by L.L. No. 16-1979 (Ch. 52 of the 1979 Code); amended in its entirety 12-8-2014 by L.L. No. 4-2014. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Junked Motor Vehicle Law of the Village of Orchard Park."
The outdoor storage of junked motor vehicles or unregistered motor vehicle on privately owned property within the Village of Orchard Park 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 of junked motor vehicles or unregistered motor vehicle on privately owned properties within the Village of Orchard Park 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, unless the context or subject matter otherwise requires:
- JUNKED MOTOR VEHICLE
- Any motor vehicle that is wrecked, discarded, abandoned or
dismantled or partially dismantled which is in such deteriorated condition
that it cannot be legally operated upon the public highway without
substantial repairs. With respect to any motor vehicle not required
to be licensed or motor vehicles not usually used on public highways,
the fact that such motor vehicle has remained unused for more than
six months and is not in condition to be moved under its own power
shall be presumptive evidence that such motor vehicle is a junked
motor vehicle.[Amended 2-11-2019 by L.L. No. 2-2019]
- MOTOR VEHICLE
- Every vehicle originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power. For the purposes of this chapter, the term "motor vehicle" shall include, but is not limited to, automobiles, trucks, buses, motorcycles, snowmobiles and trailers.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, a person entitled to the use and possession of a vehicle, subject to a security interest in another person, and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
- OWNER OF PRIVATE PROPERTY
- A person, firm or corporation being the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Village of Orchard Park.
- PRIVATE PREMISES or PRIVATE PROPERTY
- Include all parcels of real property not owned by any unit of government situated in the Village of Orchard Park, whether occupied or vacant, regardless of size, topography or location.
- UNREGISTERED MOTOR VEHICLE
- Any motor vehicle not displaying both a valid New York State Registration Certificate and a valid New York State Safety/Emissions Inspection Certificate.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Village of Orchard Park, to store or deposit or cause or permit to be stored or deposited a junked motor vehicle or unregistered motor vehicle or part or piece thereof on any private property within the Village of Orchard Park, unless:
Such motor vehicle is stored or deposited in a completely enclosed building; or
Such motor vehicle is under repair, reconstruction or refurbishing by the owners thereof who must actually be residing on the premises. Not more than one such motor vehicle shall be permitted at any one time on any premises. Such motor vehicle must be so maintained and protected as not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises more than one month; or
Such motor vehicle is temporarily stored on the premises of a public garage, motor vehicle service station or body repair shop within a commercial or industrial district of the Village while awaiting repair or servicing at such place of business. Not more than five such vehicles shall be permitted to be stored on any such premises at any one time.
A violation of this chapter or any provision or part thereof by any person, firm or corporation is hereby declared to be a violation of the Penal Law, punishable as provided in Chapter 1, Article III, of this Code. Any person who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village of Orchard Park in the removal and destruction of a junked motor vehicle by order of the Board of Trustees shall be subject to the fines and penalties provided herein.