[HISTORY: Adopted by the Board of Trustees
of the Village of Saranac Lake 10-26-1998 by L.L. No. 2-1998 (Ch. 35
of the 1965 Code). Amendments noted where applicable.]
This chapter shall be known as the "Junk Vehicle
Law of the Village of Saranac Lake."
It is hereby determined by the Board of Trustees
of the Village of Saranac Lake that abandoned, junked, discarded,
dismantled (in whole or in part) or inoperative motor vehicles not
in condition to be used for their intended purpose, placed on private
property, constitute a hazard to the health, welfare and safety of
the citizens of the Village of Saranac Lake and constitute a public
nuisance as defined by law. The purpose of this chapter is to protect
the public health, safety and general welfare by promoting a clean,
wholesome and attractive environment for the residents of the Village
of Saranac Lake. This chapter is hereby declared to be remedial and
essential to the public interest, and it is intended that this chapter
be liberally construed to effectuate the purpose as herein stated
and to protect the appearance and value of the Village as a whole.
As used in this chapter, the following terms
shall have the meanings indicated:
To give up with the intent of never again claiming a right
or interest in. The failure to register a vehicle is an indication
of, but not dispositive of, its abandonment.
[Added 8-12-2002 by L.L. No. 4-2002]
Having no enclosing or confining barrier, having no roof
or other covering, having no protective or concealing cover, or presenting
no obstacle to passage or view.
[Added 8-12-2002 by L.L. No. 4-2002]
Any vehicle designed for operation upon a public highway
which is propelled by any power other than muscular power, or is designed
to be towed or drawn from behind such a vehicle (e.g., a trailer),
lacking current registration plate and which has been abandoned, junked,
discarded, dismantled (in whole or in part) or is in a rusted or wrecked
condition or which is not in condition for legal use upon the highways.
Any vehicle or piece of equipment designed for operation
off a public highway which is propelled by any power other than muscular
power and which has been abandoned, junked, discarded, dismantled
(in whole or in part) or is in a rusted or wrecked condition or which
is not in condition to be operated for the purpose for which it was
intended. The term "junked off-road vehicle" shall include, but not
be limited to, snowmobiles, all-terrain vehicles, off-road motorcycles,
go-carts, golf carts, lawn tractors, boats, tractors, snowblowers
and personal watercraft.
In the interpretation and application of this
chapter, its provisions shall be construed as follows:
A.
Singular/plural. Any term in the singular shall include
the plural, and vice versa.
B.
Masculine/feminine. Any term in the masculine shall
include the feminine and neuter.
C.
Aiding or abetting. Any requirement or prohibition
of this chapter shall respectively extend to and include the causing,
procuring, aiding or abetting, directly or indirectly, of such act.
D.
Territorial scope. This chapter shall apply to all
premises situated within the corporate limits of the Village of Saranac
Lake.
It shall be unlawful to park, store or leave
in the open or to abandon a junk highway vehicle upon private property
for a period of more than one week except as permitted by license
pursuant to § 136 of the General Municipal Law as enacted
by Chapter 1040 of the Laws of 1965, unless the same is necessary
for the operation of a business enterprise lawfully upon said premises.
It shall be unlawful to park, store or leave
in the open or to abandon a junk off-road vehicle upon private property
for a period of more than four weeks, unless the same is necessary
for the operation of a business enterprise lawfully upon said premises.
[Amended 8-12-2002 by L.L. No. 4-2002]
After 10 days with no response, personal contact
will be attempted. If there is no response, removal of the junk vehicle
will start.
[Amended 8-12-2002 by L.L. No. 4-2002]
After 10 days, personal contact will be attempted.
If there is no response, removal of the junk off-road vehicle will
start.
Within such ten-day period, the owner or his
agent may claim such junk vehicle upon payment of the towing and storage
charges therefor. Such owner or his agent shall immediately remove
such junk vehicle at his own expense to a legal storage space. The
Board of Trustees, by resolution, shall establish the amount(s) to
be charged for storage.
[Amended 8-12-2002 by L.L. No. 4-2002]
Upon the expiration of such thirty-day period
and no claim having been made for the return of said vehicle, said
junk vehicle shall be deemed abandoned by the owner and title shall
vest in the Village. Thereafter, the Village shall dispose of said
vehicle in the manner prescribed in § 1224 of the Vehicle
and Traffic Law as though the vehicle were an abandoned vehicle as
therein defined.
[Added 8-12-2002 by L.L. No. 4-2002]
The owner of a junk highway or off-road vehicle
may apply to the Village for a permit to park, store or leave in the
open said vehicle for up to six months to sell same, or for up to
one year if said owner is in military service or in college and the
vehicle meets all State inspection requirements or if the owner is
restoring the vehicle. One-year permits may be reissued only once.
Six-month permits may not be reissued.
Any person who violates any provision of this
chapter shall be guilty of an offense punishable by a fine not exceeding
$250, and, in addition thereto, every person violating any of the
provisions of this chapter shall be and hereby is declared to be a
disorderly person, and such violation is hereby declared to be disorderly
conduct, and may be proceeded against and punished as a disorderly
person. Each week that a violation of the provisions of this chapter
is carried on or continues shall constitute a separate violation.
The provisions of this chapter regarding the removal and sale of junk vehicles shall not be interpreted or construed so as to prevent or stay the commencement of an appropriate civil or criminal action or proceeding against a violator of this law for the imposition of the penalties prescribed in § 281-12 hereof; for an injunction directing the removal of a junk vehicle by the owner thereof or the owner of real property upon which it is situated; or for such other relief as may be provided by law.
