This chapter shall be known as and entitled
"A Local Law of the Town of Maine Regulating Junkyards in the Town
of Maine."
The outdoor storage of abandoned and junk vehicles
on premises within the Town of Maine is detrimental to the health,
safety and general welfare of the community and constitutes a detriment
to a clean, wholesome, safe and attractive environment that is important
to the community, and therefore should be regulated. At the same time,
it is recognized that the maintenance of properly licensed junkyards
as hereinafter defined is a useful and necessary business and ought
to be encouraged when not in conflict with the express purposes of
this chapter and when not in conflict with the Town of Maine Zoning
Ordinance.
As used herein, the following terms shall have
the following meanings:
ABANDONED VEHICLE
A.
A vehicle shall be deemed to be an abandoned
vehicle if left unattended in the Town of Maine:
(1)
For more than 24 hours on any highway, road,
street or other public place, except a portion of a highway, road,
street or public place on which parking is legally permitted;
(2)
For more than 48 hours, after the parking of
such vehicle shall have become illegal, if left on a portion of a
highway, road, street or public place on which parking is legally
permitted;
(3)
For more than 96 hours on premises of another
if left without permission of the owner; or
(4)
With no current registration certificate affixed
thereto, for more than seven days on any premises within the Town
of Maine, Broome County, New York, unless the owner or lessee of such
premises has obtained and possesses a current license to operate a
junkyard business and a current certificate of approval for the location
of such junkyard business, in accordance with the provisions of this
chapter.
B.
The term "abandoned vehicle" shall not include
any of the following:
(1)
A farm-type tractor used exclusively for agricultural
purposes or for snow plowing;
(2)
Farm equipment, including self-propelled machines,
used exclusively in growing, harvesting or handling farm produce;
or
(3)
A self-propelled caterpillar or crawler-type
equipment.
BUILDING AND CODE INSPECTOR
The Town of Maine Building and Code Inspector. That term
also shall include the Town of Maine Deputy Building and Code Inspector
as the context or sense of this chapter or any particular situation
may suggest or require.
JUNK VEHICLE
A.
Any vehicle or motor vehicle which is abandoned,
stored, left or located by its owner or any other person on public
or private premises in the Town of Maine (other than a junkyard for
which a license and a certificate of approval for the location thereof
has been obtained in accordance with the provisions of this chapter),
and which is not registered by the State of New York or any other
state for operation on public highways.
B.
The term "junk vehicle" shall not include any
of the following:
(1)
A farm-type tractor used exclusively for agricultural
purposes or for snow plowing;
(2)
Farm equipment, including self-propelled machines,
used exclusively in growing, harvesting or handling farm produce;
or
(3)
A self-propelled caterpillar or crawler-type
equipment.
JUNKYARD
Any place of storage or deposit, whether in connection with
another business or not, where two or more abandoned vehicles or junk
vehicles (or any combination thereof exceeding one) are held, whether
for the purpose of resale or used parts therefrom, for the purpose
of reclaiming for use some or all of the materials therein, whether
metal, glass, fabric or otherwise, for the purpose of disposing of
the same or for any other purpose. Such term shall include any place
of storage or deposit for any such purposes of used parts or waste
materials from motor vehicles which, taken together, equal in bulk
two or more such vehicles; provided, however, the term "junkyard"
shall not be construed to mean an establishment having facilities
liar processing iron, steel or nonferrous scrap and whose principal
produce is scrap iron, steel or nonferrous scrap for sale for remelting
purposes only. Such term shall also include any lot or portion of
a lot, including buildings thereon, which is used, in whole or in
part, for (a) the collection, storage, deposit or sale of wastepaper,
rags, scrap metal, and discarded material, or (b) the collection,
storage, deposit, dismantling of machinery not in running condition
and the sale of parts therefrom. The definition of "junkyard" shall
not include vehicle warehousing, gasoline stations, licensed auto
repair garages, licensed auto dealers, towing impound yards, licensed
farm equipment dealers, or auto transport companies, provided that
the activities on those properties are limited to those uses.
[Amended 7-19-2016 by L.L. No. 4-2016]
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except:
A.
Electrically-driven invalid chairs being operated
or driven by an invalid.
B.
Vehicles which run only upon rails or tracks.
OWNER
A person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person and also includes any lessee or bailee of a motor vehicle
having the exclusive use thereof, under a lease or otherwise, for
a period greater than 30 days.
PREMISES
Includes all tracts and parcels of real property situated
within the Town of Maine, Broome County, New York, whether improved,
occupied or vacant.
VEHICLE
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.
[Amended 11-12-2008 by L.L. No. 2-2008]
A violation of this chapter is hereby declared
to be an offense, punishable by a fine in an amount to be fixed by
the court, not exceeding $250 or imprisonment for a period not to
exceed 15 days, or both. Each week's continued violation shall constitute
a separate additional violation. The Maine Town Board may also maintain
an action or proceeding in the name of the Town of Maine in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of this chapter.
The Town of Maine Building and Code Inspector
is hereby authorized and empowered to:
A. Issue and serve orders to remedy violation in the
event of any violation of this chapter.
B. Issue and serve appearance tickets with respect to
any violation of this chapter.
C. Issue and serve informations and any other documents
which are required in order to prosecute a person or persons in the
Town Court of the Town of Maine or in any other court of competent
jurisdiction for violating this chapter.
D. Prosecute, to the extent authorized by law, in any
court of competent jurisdiction, any violations of any provisions
of this chapter.
E. Testify on behalf of the Town of Maine in the Town
Court of the Town of Maine or in any other court of competent jurisdiction
in the event of a trial involving a person or persons who is/are charged
with a violation of this chapter.
F. Issue and serve such other papers or documents and
to take such other steps as may be required by applicable provisions
of law in order to prosecute any person or persons who is/are charged
with a violation of this chapter.
This chapter shall not affect or impair any
preexisting or prior violations or any act done or right accruing,
accrued or acquired, liability, penalty, forfeiture or punishment
incurred or owing, or levy or assessment made, imposed or owing, prior
to the time this chapter takes effect, but the same may be enjoyed,
asserted, collected, enforced, prosecuted or inflicted as fully and
to the same extent as if this chapter had not been adopted. All actions
and proceedings, civil or criminal, commenced under or by virtue of
any provision of the Town of Maine local law entitled "A Local Law
Regulating Abandoned and Junk Vehicles in the Town of Maine," Town
of Maine Local Law No. 3 of 1986, as amended; the Town of Maine Zoning
Ordinance or any other Town of Maine local law, ordinance, resolution
or regulation, and pending immediately prior to the taking effect
of such repeal, may be prosecuted and defended to final effect in
the same manner as they might if this chapter had not been adopted.