[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 3-15-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
The Board of Trustees of the Village of Clyde finds that the outdoor storage of abandoned, inoperable or unlicensed motor vehicles upon public and private property within the Village of Clyde is dangerous, unsightly and a detriment to the preservation of public health, the protection of property and the safety and welfare of the residents of the Village of Clyde. The Board of Trustees further finds that the outdoor storage of abandoned, inoperable or unlicensed vehicles constitutes an attractive nuisance to residents and children and a peril to their safety; such storage poses a threat to the safety and welfare of the Village of Clyde since fuel tanks may contain gasoline or gasoline fumes and may be subject to explosion in the event of fire. The outdoor storage of such vehicles depreciates the value of neighboring properties and discourages the orderly and progressive development of the Village of Clyde. The control of the outdoor storage of abandoned, inoperable or unlicensed motor vehicles upon public and private property within the Village of Clyde is, therefore, regulated for the preservation of the public health, safety and welfare of the residents of the Village of Clyde. It is the intent of this chapter to be construed in harmony with 19 NYCRR Part 1226 (Property Maintenance Code of New York State), and § 1224 of the Vehicle and Traffic Law of New York State.
The provisions of this chapter shall apply to all existing premises and conditions.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED MOTOR VEHICLE
- A motor vehicle shall be deemed an abandoned vehicle if left unattended:
- A. With no number plates affixed thereto, for more than six hours on any public highway or other public way;
- B. For more than 24 hours on any public highway or other public way, except a portion of a public highway or public place on which parking is legally permitted;
- C. For more than 48 hours, after the parking of such vehicle shall have become illegal, if left on a portion of a public highway or public way on which parking is legally permitted;
- D. For more than 96 hours on the premises of another if left without permission of the owner.
- ANTIQUE OR CLASSIC MOTOR VEHICLE
- A motor vehicle manufactured more than 25 years prior to the current calendar year and which, because of discontinued production and limited availability, is owned and operated as an exhibition piece or collector's item, and not used for daily transportation.
- CAR COVER
- A cover specifically designed to cover a vehicle or a tarp (of a muted or neutral color). Acceptable covers shall completely screen the vehicle (to the bumper line) from view by having no frayed edges and no holes larger than the size of a quarter; holes in car covers and tarps may be patched from the inside.
- FARM VEHICLE
- A motorized vehicle used for agricultural operations either on or off an agricultural work site. This definition may include tractors, trucks, automobiles, and all-terrain vehicles.
- INOPERABLE OR UNLICENSED MOTOR VEHICLE
- A motor vehicle which cannot be driven upon the public highway for reasons, including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
- MOTOR VEHICLE
- A vehicle designed to be operated or driven upon a public highway, which is propelled by any power other than muscular power, except:
- OPEN STORAGE
- Storage other than in a completely enclosed structure constructed of wood, masonry or metal, such as a garage or barn. Storage within a carport shall be deemed open storage for purposes of this chapter.
- OWNER (OF MOTOR VEHICLE)
- A person having the property and or title to a motor vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest of another person, and also including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
- OWNER (OF PREMISES)
- Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
- A lot, plot or parcel of land, easement or public way, including any structures thereon.
- PUBLIC HIGHWAY
- Any highway, road, street, avenue, alley, public place, public driveway or any other public way.
- PUBLIC WAY
- Any street, alley or similar parcel of land, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
- RACE CAR
- A motor vehicle that has been custom built or modified from its original factory configuration for racing purposes, with no intent of being operated on public highways or as regular transportation.
The open storage of abandoned, inoperable or unlicensed motor vehicles, or motor vehicles that are unfit to operate on the public highways of the State of New York shall be prohibited. The fact that a vehicle does not display a current motor vehicle registration, license plate or inspection sticker shall be presumptive evidence that such vehicle is not in any condition for legal use upon the highways.
Licensed and/or registered service station (repair garages), auto body repair shops, vehicle dismantlers and junkyards shall also be exempt from the provisions of this chapter, provided they are approved by the State of New York for the type of business they are conducting and have received zoning approval for the area where they are operating.
New or used automotive dealers that are approved by the State of New York for the purpose of displaying vehicles for sale to the general public and have received zoning approval will be exempt from this chapter.
On private property, the owner of the premises shall be responsible for compliance with the requirements of this chapter. On public property, the motor vehicle owner shall be responsible for compliance with this chapter.
Any vehicle being actively used in farming operations shall be exempt from the provisions of this chapter, provided that:
The vehicle is being used on private property and is being held for continuous operation on private property and is not being held primarily for nonoperating purposes.
The vehicle, if not in a condition for legal operation on public highways, is in a condition so that it can be operated and so that such operation on private property will not be unduly dangerous to the operator, passengers or others.
The vehicle is in such a condition that there is no sharp metal, broken glass or other condition which would endanger children who might be attracted to play around the vehicle.
Any person may maintain one race car, provided said vehicle is maintained on a registered trailer. Vehicles permitted by this section shall not be stored in the front yard, and any work done on said vehicles shall not interfere with the setting of the neighborhood.
The Chief of Police is authorized to issue annual permits for the open storage of unlicensed vehicles upon a private property in accordance with the following provisions:
Application. A written permit to store an abandoned or unlicensed motor vehicle shall be issued upon proper application having been made and submitted with a fee, as set by resolution of the Board of Trustees, payable to the Village Clerk. Each application shall contain the following minimum information:
The property owner's name, address and telephone number.
The applicant's name, address and telephone number.
A description of the vehicle to be stored, including make, model, year of manufacture, color, and vehicle identification number (VIN).
Investigation. The Police Chief shall cause each application to be investigated to ensure that the submitted information is accurate and that the vehicle has not been stolen or used in the commission of a crime.
Issuance of permit. A written permit to store an abandoned or unlicensed vehicle shall be issued within 60 days upon proper application having been made, and only after the applicant, if deemed necessary, has met all the requirements as to the type of cover.
Permit expiration. If the permit is issued, such permit shall be issued for a period of one year.
Covering. All abandoned or unlicensed vehicles authorized to be stored in accordance with this section shall be covered by a securely fastened car cover, as defined herein. An approved car cover must cover the entire vehicle and be securely fastened to the vehicle. An approved car cover shall be made of material which will resist wind, rain and other weather-related circumstances. The use of bricks, stones, blocks or other material as a fastener shall not be permitted.
An antique or classic motor vehicle that is in the process of being restored may be kept outdoors upon the premises of the owner of said vehicle for a period of 12 months to allow the restoration to be completed, provided that the vehicle is stored behind the required front yard on an adequately maintained surface in the side or rear yard and is at least three feet from the property line, and provided further that such vehicle or any component part thereof is covered with a car cover.
The Village of Clyde Police Department shall be responsible for the enforcement of this chapter. Officers of the Clyde Police Department may request and shall receive, so far as may be necessary in the enforcement of this chapter, the assistance of the Code Enforcement Officer, Public Works Superintendent, and other departments or officers of the Village of Clyde.
Any person failing to comply with a notice of violation or order served in accordance with § 172-13 shall be deemed guilty of a violation, and the violation shall be deemed a strict liability offense.
Upon conviction, a violation of this chapter shall be punishable by a fine of not less than $50, and not more than $250. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Whenever it has been determined that there has been a violation of this chapter, or when there are grounds to believe a violation has occurred, notice shall be given in the manner prescribed in Subsections A and B to the person responsible for the violation as described in § 172-5.
Form. Such notice prescribed in § 172-13 shall be in accordance with all of the following:
Be in writing.
Include a description of the real estate sufficient for identification.
Include a description of the vehicle sufficient for identification.
Include a statement of the violation or violations and why the notice is being served.
Include a correction order allowing a reasonable time to bring the premises or motor vehicle into compliance with the provisions of this chapter.
Inform the property owner of the right to appeal.
Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
Delivered personally to the person responsible for the violation; or
Sent by certified or first-class mail addressed to the last known address of the person responsible for the violation; or
If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the motor vehicle and/or premises affected by such notice.
Officers of the Clyde Police Department shall have the authority, pursuant to the Criminal Procedure Law, to issue appearance tickets subscribed by him or her, directing a designated person to appear in Galen Town Court at a designated time in connection with the commission of a violation of this chapter.
The imposition of penalties herein prescribed shall not preclude the Chief of Police from instituting appropriate action to restrain, correct or abate a violation, including but not limited to removal and disposition of abandoned vehicles in accordance with § 1224 of the Vehicle and Traffic Law of New York State, or seizure and impoundment of any vehicle pursuant to a warrant issued by a court of competent jurisdiction. Nothing in this chapter shall prevent the Code Enforcement Officer from enforcement of applicable local and state regulations pursuant to Chapter 190, Zoning, or Chapter 67, Construction Codes, Uniform, of the Code of the Village of Clyde.
Where a motor vehicle has been impounded under the terms of this chapter, or § 1224 of the Vehicle and Traffic Law of New York State, the following fees shall be imposed and paid prior to relinquishment of said vehicle: reimbursement of all accrued towing and storage fees, plus an administrative fee as set by resolution of the Board of Trustees. All fees shall be in addition to any other fines and penalties, and shall be paid to the Village Clerk.