[HISTORY: Adopted by the Town Board of the Town of Brownville: Art.
I, 4-8-1992 as L.L. No. 1-1992; Art. II, 4-7-1993
as L.L. No. 1-1993 (Ch. 5 of the 1978 Code). Amendments noted
where applicable.]
[Adopted 4-8-1992 as L.L. No. 1-1992]
The Town Board of the Town of Brownville, pursuant to the authority
granted under § 64 of the Town Law, § 1660 of the Vehicle
and Traffic Law and §§ 10 and 20 of the Municipal Home Rule
Law of the State of New York, hereby enacts the following.
The Town Board of the Town of Brownville hereby finds that it is in
the public interest to keep highways within the town unobstructed so as to
allow for uniform traffic movement and snow removal. This Article is intended
to provide a mechanism for the removal of abandoned vehicles from highways
within the Town of Brownville.
This Article shall be known as "Abandoned Vehicle Law of the Town of
Brownville."
A.
The Superintendent of Highways of the Town of Brownville
shall have the power to cause the removal and disposition of any vehicle left
unattended for more than twenty-four (24) hours within the right-of-way of
any highway, street or road or on any other public property within the Town
of Brownville.
B.
The Superintendent of Highways shall have the power to
cause the immediate removal from the right-of-way of any highway, street or
road within the Town of Brownville of any vehicle which obstructs or interferes
with the use of such a highway for public travel; or which obstructs or interferes
with the construction, reconstruction or maintenance of such highway, street
or road; or which obstructs or interferes with the clearing or removal of
snow or ice from such highway, street or roads; or which obstructs or interferes
with the operation of the Town Highway Department during a public emergency.
C.
The owner of the vehicle removed under any of the provisions
of this Article shall be responsible to reimburse the town all actual costs
incurred by the town in removal, disposition and storage of the vehicle.
D.
The term "vehicle" as used in this section shall mean
every device in, upon or by which any person or property is or shall be transferred
or drawn upon a street, highway or road, except devices moved by human power
or used exclusively on stationary rails or tracks.
[Adopted 4-7-1993 as L.L. No. 1-1993
(Ch. 5 of the 1978 Code)]
The outdoor storage of junked, abandoned, unused or dangerous motor
vehicles or the parts therefrom within the Town of Brownville is a hazard
to the preservation of the public health, welfare and safety in that it constitutes
a health, fire and safety hazard and is an attractive nuisance to children,
which is a peril to their safety. Such outdoor storage constitutes a blight
on the town's landscape, and it is general unsightly, and its existence
tends to depreciate the value of property in the neighborhood and the town
generally. The control of the outdoor storage of junked, abandoned, unused
or dangerous motor vehicles or parts therefrom within the Town of Brownville
is therefore regulated for the preservation of the public health, safety and
welfare of its residents.
As used in this Article, the following terms shall have the meanings
indicated:
Any motor vehicle, the ownership of which cannot be reasonably determined,
or of which the owner does not intend to recover possession or of which the
owner does not intend to use on a public highway, excepting competition vehicles.
The intent of the owner of a motor vehicle may be determined by the physical
condition of the motor vehicle, the length of time since the motor vehicle
has last been used on a public highway and whether the motor vehicle is licensed
or unlicensed.
Those vehicles which have been so modified for use on a track or
dragstrip that they cannot be legally operated on a public way.
Any motor vehicle which has smashed and broken windows and/or areas
of sharp and torn metal edges and points and which cannot legally be operated
upon a public way.
A motor vehicle manufactured more than twenty-five (25) years prior
to the current calendar year, which is owned and operated as an exhibition
piece or collectors item and is used and operated as an exhibition piece or
collectors item and is used for participation in club activities, exhibits,
tours, parades and for occasional transportation and similar uses, but not
generally used for daily transportation.
Any motor vehicle which is unregistered by the State of New York
or any other state and is not operable.
A motor vehicle having a seat or saddle for the use of the rider
and designed to travel on not more than three (3) wheels in contact with the
ground, but excluding a tractor.
Every vehicle which, if operated on the highways of this state, would
be required by law to be licensed by the Department of Motor Vehicles of the
State of New York.
Any motor vehicle which can be registered in the State of New York
and which can be legally operated upon a public way. A vehicle which is in
a condition to pass the requirements for the New York State motor vehicle
inspection sticker shall be deemed in a condition for legal use upon a public
highway.
Those vehicles which are either propelled by their own power or drawn
on the public highways and which are used at temporary residences, such as
tent trailers, campers or mini- and motor homes.
Any operable motor vehicle which is unregistered by the State of
New York or any other state and/or upon which is not displayed a valid state
inspection sticker.
Those vehicles having a seasonal or limited use, such as box trailers
and construction trailers, and snow removal or snowplowing equipment.
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 thirty (30) days.
This Article does not apply to competition vehicles, utility vehicles,
motorcycles or historic vehicles, unless such vehicle is abandoned or dangerous.
A.
It shall be unlawful for any person, firm or corporation,
either as an owner, occupant, lessee, agent, tenant, trespasser or otherwise,
of or on any property within the Town of Brownville to store or deposit or
cause or permit to be stored or deposited junked, abandoned or dangerous motor
vehicle or vehicles or parts therefrom in the Town of Brownville, except:
(1)
That no more than ten (10) such motor vehicles may be
stored at one (1) time in an open area at a gasoline filling station or outdoors
at a New York State licensed repair shop for the purpose of repair or reconditioning,
only provided that the outdoor storage of a specific vehicle shall not exceed
one hundred eighty (180) days.
(2)
That nothing herein shall restrict the storage of unused
motor vehicles for sale by a duly licensed new or used car dealer.
(3)
As otherwise provided by law.
B.
It shall be unlawful for any person, firm or corporation,
either as owner, occupant, lessee, agent, tenant, trespasser or otherwise,
of or on any privately owned lot within the Town of Brownville to store or
deposit or cause or permit to be stored or deposited more than one (1) of
either one (1) unused vehicle or one (1) competition vehicle in the Town of
Brownville. This prohibition does not apply to the one (1) allowable vehicle,
so long as the one (1) vehicle stored or deposited on the lot is not stored
or deposited in a manner which creates a hazard to the health, safety of the
occupant of a building or the public and the vehicle is placed out of the
public view. The storage of this vehicle shall be within a wholly enclosed
building or in an area enclosed by a secured wall or fence to be screened
by natural objects, plantings or other appropriate means so as to not be visible
from any highway, street, sidewalk or other location.
C.
Any junk, abandoned, unused or dangerous motor vehicle
or vehicles or parts therefrom stored or deposited in violation of this law
on any land in the Town of Brownville shall be removed by the vehicle owner,
property owner, occupant, lessee, agent, tenant or other person, firm or corporation
occupying, managing or controlling such land or vehicle.
A.
During regular business hours or in an emergency at any
hour whatsoever, the Town Board or its representative or any duly authorized
town representative, upon the showing of proper credentials and in the discharge
of his duties, may enter upon any premises where a motor vehicle is stored.
If access to such property is refused, the Town Board or its designee may
apply for a search warrant in an appropriate court, and a warrant shall be
issued showing that there are reasonable grounds to believe that a junked,
abandoned or dangerous vehicle or parts therefrom are stored or deposited
on the property or that the owner of the property or the owner of the vehicle
is in violation of this law.
B.
The Town Board or its representative or any duly authorized
representative may enter the premises without a search warrant in the case
of an emergency which requires immediate action to abate a direct hazard or
imminent danger to the health, safety, welfare of the occupants of a building
or the public.
A.
Notice of violation. Whenever the Town Board determines
that there has been a violation of this law, it or its representative shall
serve written notice upon their property owner, occupant or person having
charge of such land upon which any vehicle is illegally stored or deposited
or upon the vehicle's owner, if such party can be determined. Such notice
shall specify the alleged violation and shall provide a thirty-day time limit
for compliance.
B.
Notice shall be served, either personally or by certified
mail, return receipt requested, to the property owner at his last known address,
as shown upon the latest assessment roll. If, after due diligence, an address
cannot be determined, then the Town Board or its representative shall cause
a copy of such notice to be posted on the property or on the motor vehicle,
or both. The notice shall be in substantially the following form:
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TO THE OWNER OF THE MOTOR VEHICLE OR THE OWNER, OCCUPANT, LESSEE OR
TENANT OF THE PROPERTY WITHIN THE TOWN OF BROWNVILLE KNOWN AS: __________________________________
NOTICE IS HEREBY GIVEN that an abandoned, junked, unused or dangerous motor
vehicle has been stored or deposited on the above-described property in the
Town of Brownville in violation of Section ____________ of the Code of the
Town of Brownville. Violation of Section __________ constitutes an offense.
The automobile must be removed within thirty (30) days from the date of this
notice. Failure to remove in accordance with this notice may subject you to
a fine of not to exceed two hundred fifty dollars ($250.). In addition, the
Town Board may cause the abandoned, junked, unused or dangerous vehicle to
be removed at the property owner's expense.
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Please advise the Town Clerk, Telephone No. 639-6266, of your compliance
with this notice.
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Dated: __________________
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Town of Brownville
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By: ____________________________
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Constable/Code Enforcement officer
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C.
Failure to abate violations. In case the property owner,
agent, operator, vehicle owner or occupant cannot be found within the time
limit set for the abatement of said violations or if such owner, agent, operator,
vehicle owner or occupant shall fail, neglect or refuse to abate such violations,
the Town Attorney shall be advised of all facts in the case and shall institute
appropriate action in the court to compel compliance.
Each violation of this Article shall be deemed an offense and shall
be punishable by a fine not exceeding two hundred fifty dollars ($250.) or
by imprisonment not exceeding fifteen (15) days, or by both such fine and
imprisonment.
In cases in which the Town Board determines that immediate action to
abate a direct hazard or imminent danger to the health, safety or welfare
of the occupants of a building or the public is required, it shall promptly
cause the removal of the motor vehicle, vehicles or parts presenting such
hazard or danger as a public nuisance, and the expense incurred by the Town
shall be assessed against the property upon which such vehicle was found,
which assessment shall constitute a lien and charge on such property and be
collected as provided by law for the collection of delinquent taxes.
The Town Board or any duly authorized town representative is hereby
authorized to remove any junked, abandoned, unused or dangerous motor vehicle
or the parts thereof at the request of the property owner on whose property
said vehicle or parts are stored. The cost of such removal shall be borne
by the property owner making such request and shall be payable to the provider
of said services. If not paid promptly, the costs may be charged to the property
owner as a special assessment on his taxes.
