[HISTORY: Adopted by the Town Board of the
Town of Clinton 12-14-1971 by L.L. No. 4-1971. Amendments noted where
applicable.]
This chapter shall be known and cited as the
"Trailer Law of the Town of Clinton."
It is the purpose of this chapter to promote
the health, safety, morals and general welfare of the inhabitants
of the Town of Clinton by the proper regulations of house trailers,
house trailer parks, camping trailers and camping trailer camps.
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle or combination thereof, not over 30 feet in length
and located in a camping trailer camp between January 1 and November
30, inclusive, used, designed for use, or capable of being used as
sleeping or living quarters, either propelled by its own power or
the power of another vehicle to which it may be attached. Any addition
to such camping trailer shall, for the purpose of this chapter, be
deemed to be a part of such camping trailer.
Any lot, piece or parcel of ground whereon two or more camping
trailers or camping trailer tents are located or parked, otherwise
than for the purpose of loading, unloading or discharge or entrance
of occupants or passengers, and operated only for the period of January
1 to November 30, inclusive, during the calendar year.
The lot or space in any trailer park or camping trailer camp
which shall be assigned to or used and occupied by any one house trailer,
camping trailer, tent or combinations thereof.
Includes mobile homes, and shall be defined as any vehicle
or combination thereof, used, designed for use, or capable of being
used as sleeping or living quarters with or without its own motive
power and mounted on wheels or designed to be so mounted, and transported
or transported on a flat-bed trailer. Any addition to such house trailer
shall, for the purpose of this chapter, be deemed to be a part of
such house trailer.
Any lot, piece or parcel of ground whereon two or more house
trailers are located or parked, otherwise than for the purpose of
loading, unloading, discharge or entrance of passengers.
No person, firm or corporation being the owner
or occupant of any land or premises within the Town of Clinton shall
use or permit the use of said land or premises as a trailer park or
camping trailer camp without obtaining a permit therefor as hereinafter
provided.
A.
Application for permit. The application for each trailer
park or camping trailer camp permit shall be in writing and signed
by the applicant.
(1)
It shall state:
(a)
The name and address of the applicant.
(b)
The name and address of each partner if the
applicant is a partnership.
(c)
The name and address of each officer and director
if the applicant is a corporation.
(d)
A complete description of the premises upon
which the proposed park or camp is to be located.
(e)
The name and address of the owner and owners
of such premises.
(f)
The number of camp units to be provided.
(2)
The application shall be accompanied by two sets of
plans and specifications, drawn to scale, showing the layout of the
park or camp, the location, size and arrangement of each camp unit,
location of streets, location and number of toilets, lavatories, water
services and garbage receptacles when required. Such application shall
be accompanied by evidence of the approval of the Dutchess County
Health Department and the Town Planning Board and the Town Superintendent
of Highways as to the street surface and the adequacies of drainage.
(3)
Where the applicant is not the owner of the premises
the application shall also be accompanied by a certified or photostatic
copy of the lease of the premises.
B.
The application shall be filed with the Town Clerk
at least 10 days prior to the meeting of the Town Board at which said
application will be considered. The applicant and all other parties
interested shall appear at the Town Board meeting when the application
is considered. All such applications shall, after investigation, be
approved or rejected by the Town Board, after which the application
shall be filed with the Town Clerk and the applicant notified in writing
by the Town Clerk of the action taken thereon.
C.
Issuance of permit. The Town Clerk of the Town of
Clinton, upon approval of the Town Board and upon the receipt of the
fee hereinafter provided, shall issue a permit, which permit shall
specify the number of the camp units which may be used in said camp.
Such permit must be renewable annually, as provided in § 164-10
hereof.
A.
The minimum site size for trailer parks and camping
trailer camps shall be 10 acres.
B.
Drainage and grading. All lands used as a trailer
camp or camping trailer camp shall be well drained, of ample size
and free from dense brush. Heavy or dense woods shall not be permitted
on land used as a trailer camp, but shall be permitted on land used
as a camping trailer camp. The land shall be properly graded to ensure
proper drainage during and following rainfall and shall, at all times,
be so drained as to be free from stagnant water.
C.
Each trailer park and camping trailer camp shall be
subdivided and marked off into camp units. Each camp unit in a trailer
park shall be at least 5,000 square feet in area. Each camp unit in
a camping trailer camp shall be at least 20 feet by 40 feet in dimension.
No more than one house trailer shall be permitted to occupy any one
camp unit. No more than one camping trailer and/or tent shall be permitted
to occupy any one camp unit in a camping trailer camp. Said tent or
tents shall not exceed coverage of 75 square feet of ground area.
Camp units in trailer parks shall be grouped in blocks with streets
at least 50 feet wide between each block. Streets in a trailer park
shall be constructed and surfaced in accordance with the requirements
of the Town of Clinton for subdivisions.[1] Each camp unit shall have direct access to a street. The
approval of such streets and entrances and exits by the Superintendent
of Highways shall be a conditioned precedent to the issuance of a
permit hereunder, and the failure to maintain such streets and entrances
and exits as required by the Superintendent of Highways shall be grounds
for the revocation of any permit issued hereunder. Each camp unit
in a trailer park shall have its own paved parking area. No trailer
shall be located within 75 feet of any public highway or street line
nor within 75 feet of any side or rear lot line outside the trailer
camp. Within a trailer park, trailers shall be placed on camp units
with a setback from any street within the trailer park of at least
20 feet and a setback from any other camp unit boundaries of at least
20 feet. Each trailer park and camping trailer camp and all parts
thereof shall be kept in a clean and sanitary condition at all times.
D.
Water. Each trailer park shall be provided with proper
water connections on each such camp unit, the source and supply of
which shall be approved by the Dutchess County Health Department.
E.
Water supply. A sufficient supply of pure drinking
water shall be provided in convenient locations in camping trailer
camps. In any trailer park of 10 or more camping units there shall
be provided fire hydrants with a constant source of water and accessibility
at all seasons of the year. Such hydrants must have the approval of
the Chief of the Fire Department serving the area in which the trailer
camp is located.
F.
No trailer shall be parked or located in a trailer
park unless it shall contain an operative water closet, lavatory and
a shower or bath tub.
G.
Camping trailer camps shall provide sanitary facilities
as follows:
(1)
The toilet and other sanitary facilities for males
and females shall be either in separate buildings or shall be separated,
if in the same building, by soundproof walls.
(2)
Toilet facilities consisting of not less than one
flush toilet and one urinal for every 15 camping trailers.
(3)
Service buildings housing the toilet and sanitary
facilities shall be permanent structures complying with all applicable
ordinances and statutes regulating buildings, electrical installments
and plumbing and sanitation systems, and shall be located not closer
than 20 feet to nor farther than 200 feet from any camp unit in a
camping trailer camp, nor within 75 feet of any public highway or
street line, nor within 75 feet of any side or rear lot line.
(4)
The service building shall be well lighted at all
times of the day and night, shall be well ventilated with screened
openings and shall be constructed of such moistureproof material,
including painted woodwork, as shall permit repeated cleaning and
washing. The floors of the service building shall be of water-impervious
material.
(5)
All service buildings and the grounds of the camp
shall be maintained in a clean, sightly condition and kept free of
any condition that will be a menace to the health of any occupant
or the public or constitute a nuisance.
H.
Disposal of sewage and other water-carried wastes.
(1)
All sewage and other water-carried wastes shall be
disposed of into a municipal sewage system whenever available. Where
such connections are not available, disposal shall be into a private
system which includes a sanitary means of disposal, the operation
of which creates neither a nuisance or a menace to health.
(2)
Each trailer park unit shall be provided with a sewer
connection for the combined liquid waste outlet or outlets of each
house trailer. It shall be the duty of the owner or operator of said
trailer park not to permit the use of these outlets until the connection
from the trailer to the outlet has been made odortight as well as
watertight. Sewer connections in unoccupied camp units shall be so
closed that they will not emit any odors nor cause a breeding place
for flies. No water or waste shall be allowed to fall on the ground
from the house trailer.
I.
Garbage receptacles. Each camping trailer camp shall
provide equipment sufficient to prevent littering of the grounds and
premises with rubbish, garbage and refuse and provide flytight metal
depositories with tight-fitting covers at conspicuous locations upon
such premises. Such depositories shall be emptied daily and kept at
all times in sanitary condition. The depositories shall be so located
that no camp unit shall be more than 100 feet from a depository, but
no such depository shall be within 100 feet of any play area. Each
camp unit in each trailer camp shall provide a flytight metal depository
with tight-fitting cover for the removal of rubbish, garbage and refuse.
Such depository shall be located in an inconspicuous location and
shall be kept at all times in a sanitary condition.
J.
Electrical service and connections. Each trailer park
shall provide weatherproof electric service connections and outlets
for each camp unit, all such connections and outlets to be of a type
approved by a qualified inspection agency approved by the Town. There
is no requirement of electric service connections and outlets for
a camping trailer camp, but where they have been provided they must
be of a type approved by a qualified inspection agency approved by
the Town.[2]
K.
Playground areas shall be provided for a trailer park,
but not a camping trailer camp, and shall be restricted to such use.
These areas shall be protected from the main highway and from parking
areas. A minimum of 800 square feet per camp unit in each trailer
camp shall be made available in one or more places for such playground
use. The location and size of such playground area must be approved
by the Planning Board.
A.
Each trailer park having 10 or more camp units shall
provide a manager who shall reside on the premises and shall be responsible
for the compliance with all the provisions of this chapter and any
other local law, statute, ordinance, or regulation affecting such
trailer park. The name, address and telephone number, if any, of such
manager shall be filed with the Town Clerk of the Town of Clinton,
prior to the opening of the trailer park. The provisions of this subsection
concerning residence may be altered or modified upon a showing of
special circumstances in the discretion of the Town Board.
B.
The owner or operator or manager of each trailer park
or camping trailer camp shall keep a permanent record, in writing,
of all persons occupying or using the facilities of such camp, which
record shall include the following:
(1)
Name and address of each occupant of each house trailer
or camping trailer.
(2)
Date of arrival at and departure from said trailer
park or camping trailer camp of each trailer and each occupant of
each trailer.
(3)
Name and address of owner of each house trailer or
camping trailer.
(4)
Make and color of house trailer or camping trailer.
(5)
Registration year and number of each house trailer
or camping trailer and the state in which so registered.
Any peace officer and the Dutchess County Department
of Health shall have the right, at any reasonable time, to enter any
trailer park or camping trailer camp and shall have the right, at
all times, to inspect all parts of said premises, and to inspect the
records required to be kept in any trailer park or camping trailer
camp.
If a police officer, health officer or any authorized
representative of the Town of Clinton finds that any trailer park
or camping trailer camp is not being maintained in a clean and sanitary
condition or is not being conducted in accordance with the provisions
of this chapter, such facts shall thereupon be reported to the Town
Board and said Town Board may direct the Town Clerk to serve an order
in writing upon the holder of the permit or the person in charge of
said park or camp, directing that the conditions therein specified
be remedied within 10 days after the date of service of such order.
If such conditions are not corrected after the expiration of said
ten-day period, the Town Board may cause a notice in writing to be
served upon the holder of said permit or the person in charge of such
trailer park or camping trailer camp, requiring the holder of the
permit to appear before the Town Board of the Town of Clinton at a
time to be specified in such notice and show cause why such trailer
park or camping trailer camp permit should not be revoked. The Town
Board may, after a hearing at which testimony of witnesses may be
taken and the holder of the permit shall be heard, revoke such permit
if said Town Board shall find that said park or camp is not being
maintained in a clean and sanitary condition, or if it finds that
any provisions herein have been violated or for other sufficient cause.
Upon revocation, the premises shall forthwith cease to be used for
the purpose of a trailer camp or camping trailer park, and all house
trailers or camping trailers shall forthwith be removed therefrom.
Application for the renewal of any trailer park
or camping trailer camp permit if issued pursuant hereto, must be
filed with the Town Clerk within 10 days preceding the expiration
of the permit. The application for the renewal shall be in writing
and signed by the applicant, and shall contain the same information
as required by § 164-5A herein in the case of the original
application for permit, except that such renewal application need
not be accompanied by a plan of the trailer park or camping trailer
camp, nor is it necessary that said renewal application be accompanied
by the lease of the premises unless a new lease of the premises has
been entered into subsequent to the time of filing the previous application,
in which event, a certified or photostatic copy of the lease shall
be attached to the application for renewal. Upon the approval of said
application for a renewal of the permit by the Dutchess County Health
Department and the Town Planning Board, the Town Clerk shall issue
a renewal permit, which shall become effective as provided herein
for an original permit. The applicant shall, at the time of issuance
of said renewal permit, pay to the Town Clerk the fee provided in
the Fee Schedule Resolution.
The provisions herein shall apply to all existing
trailer parks or camping trailer camps located in the Town of Clinton
on the effective date, and such existing trailer parks or camping
trailer camps shall henceforth be maintained and operated in compliance
with all of the provisions hereof. Any additions, extensions or enlargements
of existing camps shall be made in compliance with all of the provisions
herein.
A.
No house trailer or camping trailer shall be parked
or allowed to remain upon any street, alley, highway, or other public
place for a period longer than four hours, except that emergency stopping
or parking occasioned by mechanical failure is permitted upon the
shoulder of any street or highway for a period not longer than 24
hours, subject, however, to any other and further prohibitions, regulations
or limitations imposed by law, parking regulations or ordinances.
B.
No house trailer or camping trailer shall be parked
or placed within the Town and outside of a duly licensed trailer park
or camping trailer camp, except that an owner of land located within
the Town who intends in good faith to construct a dwelling house thereon
for his own occupancy, and has obtained a building permit from the
Town Building Inspector, after compliance with the provisions hereof
except those providing for setbacks if the foundation of the proposed
residence makes compliance with setbacks impossible due to the size
of the premises, and the payment of the fee hereinafter set forth,
may be granted a permit to park or place a single house trailer or
camping trailer on said land during the construction of said dwelling
house but not to exceed a period of one year. An additional one-year
extension may only be granted by the Town Board in a hardship case.
C.
Location and setback. No house trailer or camping
trailer outside of a duly licensed trailer camp or camping trailer
camp shall be parked or placed within 75 feet of any public street
or highway nor within 50 feet of the side or rear lot lines of the
premises upon which it is so parked or placed except that in a hardship
case owing to the nature of the terrain, if the owner of the trailer
cannot comply with the setbacks, the Town Board may grant a variance.
D.
Water supply and sewage disposal system: Any house
trailer or camping trailer parked or placed outside of a duly licensed
trailer camp or camping trailer camp shall have an adequate supply
of pure drinking water and a sewage disposal system of a type approved
by the Dutchess County Health Department. No house trailer or camping
trailer shall be parked or placed until a certificate or other evidence
of the approval of the water supply and sewage disposal system by
said Dutchess County Health Department shall have been filed with
the Town Clerk.
E.
The plan required to be filed with the application
for a permit shall be submitted to and approved by the Planning Board.
F.
After the issuance of the permit, the trailer may
be placed upon the property only in compliance with the provisions
herein.
G.
Application for and issuance of permit.
(1)
Application for permit. The application for permit
for each house trailer or camping trailer to be located outside a
trailer park or camping trailer camp shall be in writing, signed by
the applicant and shall state the following:
(a)
The name and address of the applicant.
(b)
The name and address of each partner if the
applicant is a partnership.
(c)
The name and address of each officer and director
if the applicant is a corporation.
(d)
A complete description of the premises upon
which the house trailer or camping trailer is to be located.
(2)
The application shall be accompanied by a plan, in
duplicate, drawn to scale and showing the boundaries of the premises,
the proposed location of the trailer on the premises, the location
and plan of the proposed water supply and sewage disposal systems.
(3)
The Town Clerk of the Town of Clinton, upon written
application and approval of the Town Board and upon receipt of the
fee hereinafter provided, shall issue a permit to become effective
from the date thereof. Such permit shall not be transferable or assignable.
(4)
Application for an extension of any permit granted
pursuant to this subsection may be made by letter and need be accompanied
only by such information as may be required by the Town Board.
H.
Applicability to existing house trailers located outside
a trailer park or camping trailer camp.
(1)
No provision of this chapter or any amendments thereto
shall be applicable to any house trailer parked or placed outside
a duly licensed trailer park or camping trailer camp on or before
the effective date hereof.
(2)
Any house trailer parked or placed outside a licensed
trailer park or camping trailer camp on or before the effective date
hereof which shall henceforth be moved or enlarged on the same lot
or premises shall be subject to all provisions of this chapter or
any amendments thereto.
A.
None of the provisions of this chapter shall be applicable
to the storage or garaging of house trailers or camping trailers not
being used for living or sleeping purposes within a building or structure
or to the storage of one unoccupied house trailer or camping trailer,
on premises owned by the owner of such trailer; provided, however,
that such unoccupied trailer shall not be more than 30 feet in length
and shall be parked only in the rear of such dwelling on the premises.
B.
None of the provisions of this chapter shall be applicable
to a house trailer or camping trailer located on the site of a construction
project, survey project or other similar work project and used solely
as a field office or work or tool house in connection with such project,
provided such trailer is removed from said site within 30 days after
the completion of such project. However, such trailer shall be parked
or placed more than 200 feet from any public street or highway and
more than 200 feet from any side or rear lot line of the premises
upon which it is parked or placed.
Any person who violates any provision hereof shall be guilty of a Violation Zoning, punishable as set forth in Chapter 137, Fines and Penalties. The application of the above penalty or penalties or the prosecution for the violation of the provisions hereof shall not be deemed to prevent the revocation of any permit issued pursuant thereto or the enforced removal of conditions prohibited herein.
The issuance of a trailer park or camping trailer
camp permit pursuant to the provisions of this chapter shall not be
deemed to waive compliance by the holder thereof, by the property
owner, or by any occupant of said camp with any statute of the State
of New York, local law or ordinance of the Town of Clinton, or any
provision of regulations of the Dutchess County Health Department.
