Pursuant to the authority conferred by Article 2 of the Municipal Home
Rule Law of the State of New York, and for each and every purpose specified
therein, the Town Board of the Town of Ellicott has ordained and does hereby
enact the following chapter regulating and restricting the use and disposal
of abandoned vehicles and garbage and refuse within said town.
This chapter shall be known and cited as the "Vehicles, (Abandoned);
Garbage and Refuse Law of the Town of Ellicott."
This chapter is enacted in recognition of the fact that junk cars, garbage
and refuse abandoned or stored on private property can constitute both a public
and private nuisance. Such items constitute a potential danger to children
and also are generally unsightly. Their existence depreciates not only the
property on which they are located but also the property of other persons
in the neighborhood and the town generally. The continued existence of such
abandoned junk automobiles, garbage and refuse makes the town a less safe
and less pleasant place in which to live and to do business. It detracts from
a clean, wholesome and attractive environment and is injurious to the welfare
of the town as a whole. The intent of this chapter is to establish a legal
procedure for the removal of the junk and abandoned cars, garbage and refuse
where they are found in the town outside of duly licensed establishments.
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED, JUNKED OR INOPERATIVE MOTOR VEHICLE
Any motor vehicle, as that term is defined herein, except a farm
vehicle, which is:
A.
Unlicensed or unregistered; or
B.
Wrecked, inoperative or not in condition for legal use on the public
highways or which is in the process of being dismantled. Lack of a current
New York State inspection sticker on a motor vehicle shall be prima facie
evidence that the motor vehicle is inoperative and/or not in condition for
legal use on a public highway.
DISCARDED MOTOR VEHICLE
Any motor vehicle which the owner thereof, as established by the
surrounding circumstances, does not intend to recover the possession of, or
any motor vehicle the owner of which cannot be found after due and reasonable
inquiry.
ENFORCEMENT OFFICER
The Building Inspector of the town, unless the Town Board, by resolution,
designates some other town officer as enforcement officer or by resolution
establishes the position of Enforcement Officer for the town and appoints
some qualified person thereto at a salary specified in such resolution.
JUNK CAR
Any motor vehicle, whether automobile, bus, truck, semitractor, motor
home or any other vehicle originally intended for travel on the public highways
which is abandoned, discarded, stored, left or located by its owner or any
other person or is permitted or condoned to be abandoned, discarded, stored,
left or located by its owner or any other person on private premises in the
town, outside any village in said town and outside any establishment duly
licensed by the town, and which junk car is uninspected by the State of New
York or any other state and is not operable. The use of the term in the singular
herein is intended, where applicable, to include the plural.
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 definition,
the term "motor vehicle" shall include but not be limited to automobiles,
trucks, buses, motorcycles and trailers.
OWNER OF MOTOR VEHICLE
A person having the property in or title to a motor vehicle, including
a person entitled to the use and possession of a vehicle subject to a security
interest in another person and also including any lessee of a motor vehicle
having the use thereof under lease or otherwise, or bailee having control
of a motor vehicle.
OWNER OF PRIVATE PROPERTY
A person who or which is the owner, contract purchaser, tenant, lessee,
occupant, undertenant, receiver or assignee of private premises or private
property located within the town, outside the villages.
PERSON
Any individual person or persons, firm, partnership, corporation,
association, joint venture, limited liability company or other entity owning
real property in the town outside any villages therein.
PREMISES OR PROPERTY
Includes all parcels of real property privately owned situated in
the town, outside the villages, whether occupied or vacant.
PROPER CAR COVER
Cover which is specifically suited or adapted for a particular model
or size of motor vehicle.
UNINSPECTED MOTOR VEHICLE
Any motor vehicle which may be licensed in the State of New York
and is not currently inspected. The fact that a motor vehicle does not display
a current inspection sticker shall be presumptive evidence of the fact that
such motor vehicle is not currently inspected and is thus uninspected.
The Building Inspector or his/her representative shall
have the authority, pursuant to the New York State Criminal Procedure Law,
to issue an appearance ticket subscribed by him/her, directing a designated
person to appear in a designated local criminal court at a designated future
time in connection with the alleged commission of a designated violation of
this chapter or any order made thereunder.