[HISTORY: Adopted by the Town Board of the
Town of Sullivan 6-4-1986 by L.L. No. 1-1986. Amendments noted where
applicable.]
It is the purpose of this chapter to promote
the public health, safety, and general welfare, and to prevent new
pollution and eliminate existing pollution, by control over the open
storage of vehicles and motor vehicles and the parts thereof. The
provisions of this chapter are designed:
A.
To protect human life and health;
B.
To prevent conditions which constitute a blight on
the Town's landscape;
C.
To prevent conditions that destroy the aesthetic qualities
of the Town;
D.
To prevent conditions which tend to depreciate not
only the property on which such conditions are located, but also the
property of other persons in the neighborhood and Town generally;
and
E.
To prevent conditions that cause the Town to be less
safe and less pleasant a place in which to live and to do business.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and in the Vehicle & Traffic Law of the State of New York and in Chapter 275, Zoning, of the Code of the Town of Sullivan so as to give this chapter its most reasonable application.
Agricultural use as defined in Chapter 275, Zoning.
Includes, although not limited to, the Zoning Law, as well
as all actions, permits and variances lawfully taken or granted pursuant
thereto by the Planning Board, Town Board and Zoning Board of Appeals,
as the case may be.
The Town's Zoning Enforcement Officer.
The professional engineer retained as Engineer for the Town
of Sullivan.
A farm as defined in Chapter 275, Zoning.
Equipment used in agriculture and for the purposes of this
chapter is included within the definition of motor vehicle or vehicle,
as the case may be.
A motor vehicle manufactured more than 25 years prior to
the current calendar year, which is owned and operated as an exhibition
piece or collector's item, and is used for participation in club exhibits,
tours, parades, and similar functions, and also for occasional transportation,
but not use for general transportation.
A motor vehicle which is neither licensed nor operative,
whatever its vintage.
A vehicle, other than a motor vehicle which is neither licensed
nor operative, whatever its vintage.
A "junkyard" as is defined in Chapter 275, Zoning.
A vehicle currently licensed pursuant to New York State Law
or the laws of any other state or the United States.
A motor vehicle as is defined in the Vehicle & Traffic
Law of the State of New York at § 121-C.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except:
A motor vehicle wrecking yard as is defined in Chapter 275, Zoning.
An owner or a person to whom exclusive possession of property
has been demised by the owner, who violates or permits violation of
the provisions of this chapter on property owned by him or over which
he has the legal right to exclusive possession and control.
Parking or leaving, or knowingly permitting to be parked
or left on private property, other than inside a building, one or
more vehicles or motor vehicles for a period in excess of three days
in continuous repose, or for a period in excess of seven days where
the same parcel of private property is used primarily for overnight
storage.
A motor vehicle, snowmobile or vehicle, as the case may be,
shall be presumptively operative, if it is mechanically operable without
repair or modification, and there has been issued for same a valid
New York State certificate of inspection which:
A motor vehicle which is unlicensed, but operative.
A vehicle which is unlicensed, but operative.
Any individual, firm, company, association, society, corporation
or group having title to real or personal property.
Any individual, firm, company, association, society, corporation
or group.
The duly appointed Planning Board of the Town of Sullivan.
Is mandatory; "may" is permissive.
Any self-propelled vehicle designed for travel on snow or
ice, steered by skis on runners and supported in whole or in part
by one or more skis, belts or cleats.
A motor vehicle, the principal use for which is dictated
by a purpose other than transportation or people, such as historical
motor vehicles and racing motor vehicles.
The State of New York.
The Town of Sullivan, New York.
The duly elected Town Board of the Town of Sullivan.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
The duly appointed Zoning Board of Appeals of the Town of
Sullivan.
Chapter 275, Zoning, of the Code of the Town of Sullivan.
This chapter shall apply to all areas within
the jurisdiction of the Town of Sullivan, outside the Village of Chittenango.
Junkyards and motor vehicle wrecking yards are prohibited, except as they may be established or maintained solely in accordance with Chapter 275, Zoning.
Storage of one or more cast-off, unusable, or
abandoned motor vehicles, including limited use and specialty vehicles,
or any other cast-off, unusable or abandoned vehicles or parts thereof
on the open grounds outside of enclosed structures, or approved enclosures,
shall be regarded as use of property for a dump or junkyard.
Storage of inoperative farm equipment on the
open grounds outside of enclosed structures or approved enclosures
used for an agricultural use is permitted, provided the same are stored
for the use of the owner or operator of the farm upon which they are
situate. The aforementioned storage shall not be regarded as use of
property for a dump or junkyard.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted law, rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. Notwithstanding the foregoing, nothing herein contained shall be interpreted or applied so as to abridge any provision of Chapter 275, Zoning, which is specifically at variance with any provision hereof.
It shall be unlawful to violate any provision
of this chapter.
Penalties for violation of the provisions of
this chapter by failure to comply with any of its requirements are
as follows:
A.
Any offender found to be violating any provision of
this chapter shall be served by the Town with written notice stating
the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within
the period of time stated in such notice, permanently cease all violations.
B.
Any offender who fails to comply with the provisions
of this chapter shall be subject to a fine not exceeding $250 for
each offense. The continued violation of any provision of any section
of this chapter shall constitute a separate offense for each and every
day such violation of any provision hereof shall continue.[1]
C.
As an alternative, upon violation of this chapter,
the proper authorities of the Town, in addition to other remedies,
may institute any appropriate action or proceedings, including an
injunction to prevent such unlawful use, to restrain, correct or abate
such violation and to prevent the occupancy of any building, structure
or land where said violations of this chapter are found.
D.
Any offender violating any of the provisions of this
chapter shall become liable to the Town for any expense, loss or damage
occasioned the Town by reason of such violation, and the Town may
initiate an action in a court of competent jurisdiction to recover
such damages.
Open storage of motor vehicles shall be permitted
on any one parcel of private property shown on the Tax Map for the
Town, consonant with the following restrictions:
A.
Licensed motor vehicles. Unrestricted open storage of licensed motor vehicles is permitted unless violative of one or more provisions of Chapter 275, Zoning, or any other law, rule, regulation or ordinance of the Town or of the state.
B.
Operative but unlicensed motor, limited use or specialty vehicles. Open storage for a period of up to six months duration, of a maximum of two operative but unlicensed motor vehicles, limited use vehicles or specialty motor vehicles per Tax Map parcel is permitted in all Agricultural, Residential and Planned Development Districts within the Town, and three such vehicles are permitted in all Industrial and Business Districts, except as otherwise specifically provided by applicable local law, unless violative of one or more provisions of Chapter 275, Zoning, or any other law, rule, regulation or ordinance of the Town or of the state. An increase in the permitted number or permitted duration of time may be approved by the Zoning Board of Appeals upon application by the owner of the parcel and the showing of special circumstances at a public hearing.
C.
Inoperative motor, limited use or specialty vehicles.
In all zone classifications, except as otherwise specifically provided
by applicable local law, no open storage of inoperative motor vehicles,
limited use vehicles or specialty motor vehicles is permitted. Open
storage of one such vehicle may be permitted if approved by the Zoning
Board of Appeals, upon application by the owner of the parcel and
the showing of special circumstance at a regular meeting of the Zoning
Board of Appeals.
Open storage of vehicles, other than motor vehicles,
shall be permitted on any one parcel of private property shown on
the Tax Map for the Town, consonant with the following restrictions:
A.
Inoperative vehicles. In all zone classifications,
except as otherwise specifically provided by applicable local law,
no open storage of inoperative vehicles is permitted beyond a period
of three months for one such vehicle. Open storage of one such vehicle
may be permitted beyond such three-month period, for an additional
six-month period, if approved by the Zoning Board of Appeals, upon
application by the owner of the parcel and the showing of special
circumstance at a regular meeting of the Zoning Board of Appeals.
There shall be no outside storage of motor vehicle parts or vehicle parts at any time within the Town, except where permitted by the Planning Board in accordance with Chapter 275, Zoning, except as otherwise provided for herein.
The Town Enforcement Officer, Engineer and other
duly authorized officers of the Town, bearing proper credentials and
identifications, shall be permitted to enter upon all properties for
the purpose of inspection, to implement the provisions of this chapter,
as permitted by the laws of the State of New York in such cases made
and provided.
No building permit or occupancy permit, as the
case may be, shall be issued to any owner of a parcel of land found
to be in violation of any provision of this chapter, in addition to
any other applicable law in such cases made and provided for.
