[HISTORY: Adopted by the Town Board of the Town of Avon 4-9-1987 by L.L. No. 2-1987 (Ch. 52 of the 1976 Municipal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 79.
Zoning — See Ch. 130.
This chapter shall be known and may be cited as the "Outdoor Storage of Junk Law of the Town of Avon."
The purpose of this chapter is to provide for a clean, wholesome, attractive environment, thereby safeguarding the inhabitants of the Town of Avon of their material rights against unwarrantable invasion, and, in addition, such environment is deemed essential to the maintenance and continued development of the economy of the Town of Avon and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk, such as but not limited to junk motor vehicles, junk appliances, junk lawn mowers, junk motorized lawn equipment, old parts, rubbish and debris, upon privately owned property within the Town of Avon constitutes a hazard to the health, safety and welfare of the citizens of the Town of Avon, necessitating the regulation, restraint and elimination thereof.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the following meanings:
ANTIQUE AUTOMOBILE
Any motor vehicle which is 25 or more model years old and which can be economically restored to a value which is greater than the cost of restoration.
APPLIANCE
Any stove, refrigerator, washing machine, dryer, freezer, television set, radio or other household device or equipment.
DEBRIS
An accumulation of any broken or destroyed material, rubble or fragments having no economic value.
JUNK APPLIANCE
Any stove, refrigerator, washing machine, dryer, freezer, television set, radio or other household device or equipment which is either:
A. 
At least eight model years old and which has been placed outside for a period of at least one month and been exposed to the elements; or
B. 
Is in such a state of disrepair or in such a condition as to be unsightly.
JUNK LAWN MOWER
Any lawn mower which is either so damaged or so rusted or in such a condition as to be unsightly.
JUNK MOTORIZED YARD EQUIPMENT
Any motorized yard equipment which is either so damaged or so rusted or in such a condition as to be unsightly.
JUNK MOTOR VEHICLE
Any motor vehicle which either:
A. 
Is in such a state of disrepair or damage that it cannot be readily or economically restored for the use on a public highway; or
B. 
Is over eight model years old and is so damaged or so rusted or in such a condition as to be unsightly.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscle power, originally intended for use on public highways.
RUBBISH
Household trash or store trash consisting of things such as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets, rubber tires, lumber, stone, brick and other building materials or any and all other tangible personal property no longer intended or no longer in condition for ordinary use.
A. 
No person shall cause or permit the outdoor storage of any junk motor vehicle, junk appliance, junk lawn mower, junk motorized yard equipment, rubbish or debris on property owned by such person.
B. 
No person shall store any appliance in the front or side yard visible to the public from any public street or any front or side porch for a period of more than two weeks.
C. 
No person shall store an unrestored antique automobile out of doors except in a location not in the front or side yard of any premises and not visible to the public from any public street.
A. 
The Code Enforcement Officer of the Town of Avon or any other agency or official authorized from time to time by the Town Board of the Town of Avon by resolution shall inspect property and file a written report of violations by owners with the Avon Town Clerk. The Avon Town Clerk will prepare a written notice and shall cause the same to be served upon the owner personally or by certified mail. The notice shall contain the following:
[Amended 9-8-2005 by L.L. No. 3-2005]
(1) 
The name of the owner to whom the notice shall be addressed.
(2) 
The location of the premises involved in the violation.
(3) 
A statement of the facts which, it is alleged, violate this chapter.
(4) 
A demand that the junk motor vehicle, junk appliance, junk lawn mower, junk motorized yard equipment, rubbish or debris be removed from the premises which are alleged to violate this chapter within 10 days after service or mailing of this notice.
(5) 
A statement that a failure to comply with the demand may result in prosecution.
(6) 
A copy of this chapter.
B. 
Upon application of the alleged owner showing reasonable cause, the Town Board of the Town of Avon may grant an extension of up to 90 days for the owner to comply with the demands.
No person shall willfully place a junk motor vehicle, junk appliance, junk lawn mower, junk motorized yard equipment, rubbish or debris on premises which such person does not own without the permission of the owner thereof.
[Amended 9-8-2005 by L.L. No. 3-2005]
This chapter shall not apply to the following:
A. 
Any junkyard permitted under other provisions of the Code of the Town of Avon.
B. 
Any permitted use of inoperable vehicles for storage on commercial farms, regulated as accessory buildings pursuant to § 130-24L of Chapter 130, Zoning, of the Code of the Town of Avon.
A violation of any provision of this chapter is an offense, and any person committing an offense shall be guilty of a violation pursuant to the Penal Law punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense thereunder.