[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:
A motor vehicle shall be deemed an abandoned vehicle if left
unattended:
With no number plates affixed thereto, for more
than six hours on any public highway or other public way;
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;
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;
For more than 96 hours on the premises of another
if left without permission of the owner.
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.
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.
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.
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.
A vehicle designed to be operated or driven upon a public
highway, which is propelled by any power other than muscular power,
except:
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.
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.
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.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
Any street, alley or similar parcel of land, which is deeded,
dedicated or otherwise permanently appropriated to the public for
public use.
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.
A.Â
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.
B.Â
Exceptions:
(4)Â
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.
(5)Â
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:
A.Â
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.
B.Â
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.
C.Â
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:
A.Â
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:[1]
B.Â
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.
C.Â
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.
D.Â
Permit expiration. If the permit is issued, such permit
shall be issued for a period of one year.
E.Â
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.
A.Â
Form. Such notice prescribed in § 172-13 shall be in accordance with all of the following:
(1)Â
Be in writing.
(2)Â
Include a description of the real estate sufficient
for identification.
(3)Â
Include a description of the vehicle sufficient for
identification.
(4)Â
Include a statement of the violation or violations
and why the notice is being served.
(5)Â
Include a correction order allowing a reasonable time
to bring the premises or motor vehicle into compliance with the provisions
of this chapter.
(6)Â
Inform the property owner of the right to appeal.
B.Â
Method of service. Such notice shall be deemed to
be properly served if a copy thereof is:
(1)Â
Delivered personally to the person responsible for
the violation; or
(2)Â
Sent by certified or first-class mail addressed to
the last known address of the person responsible for the violation;
or
(3)Â
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.
