[HISTORY: Adopted by the Town Board of the
Town of Owego 8-17-1971. Amendments noted where applicable.]
A.
For the purpose of promoting a clean, wholesome and
attractive environment, it is declared to be of importance to the
health, safety and welfare of the inhabitants of the Town to safeguard
their material rights against unwarranted invasion. Such an environment
is deemed essential to the maintenance and continued development of
the economy of the Town.
B.
The unrestrained accumulation of inoperable motor vehicles is a hazard to such health, safety and welfare of the citizens of the Town, necessitating the regulation, restraint and elimination thereof. This chapter is enacted in recognition of the fact that even a single inoperable, unregistered or junk vehicle, as defined in § 112-3, abandoned or stored on private or public property:
[Amended 2-23-1982]
(1)
Can constitute both a public and private nuisance.
(2)
Is a source of potential hurt to children and others
who find them an attractive nuisance.
(3)
Is often replete with broken glass, sharp torn metal
edges and points, gasoline remaining in tanks of a highly combustible
and explosive nature and hurtful acids in batteries, to mention a
few of the obvious sources of physical hurt found in junk vehicles.
(4)
Constitutes a blight on the Town of Owego landscape.
(5)
Destroys the aesthetic qualities of the Town and is
generally unsightly.
(6)
Tends to depreciate not only the property on which
it is located but also the property of other persons in the neighborhood
and the Town generally.
(7)
Makes the Town a less safe and pleasant place in which
to live and to do business.
(8)
Damages the welfare of the Town as a whole.
(9)
Tends to result in the uncontrolled growth of grass
and weeds.
(10)
Tends to result in the uncontrolled collection
of debris.
(11)
Tends to be a breeding ground for insects, rodents
and similar harmful creatures.
[Amended 2-23-1982]
This chapter may be known and cited as the "Town
of Owego Inoperable, Unregistered or Junk Vehicle Ordinance."
Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings. Words
used in the present tense include the future, and the singular includes
the plural when used herein. The term "shall" is always mandatory.
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored or will be maintained in and restored to a condition
which is substantially in conformance with the manufacturer's specifications.
[Added 2-23-1982]
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored or will be maintained
in or restored to a condition which is substantially in conformity
with the manufacturer's specifications and appearance.
[Added 2-23-1982]
Any business repairing motor vehicles or any part thereof.
The person appointed by the Town Board, or his designated
deputy, to perform the duties herein conferred on the enforcement
officer.
A building or land that is used for the sale of motor fuel,
oil and motor vehicle accessories and which may include facilities
for lubricating, washing or servicing motor vehicles, but not including
painting or major repairs.
Any motor vehicle, whether automobile, bus, trailer, truck,
tractor, mobile home, motorcycle, motor bicycle, mini-bicycle or snowmobile
or any other contraption originally intended for travel on the public
highways, which is abandoned, stored, left or located by its owner
or any other person or is permitted or condoned to be abandoned, stored,
left or located by its owner or any other person on public or private
premises in the Town of Owego, outside of a junkyard which has a permit
to operate in the Town of Owego, which vehicle:
[Amended 9-18-1979; 2-23-1982]
Is not registered by the State of New York for
operation on public highways and which has not been registered during
the preceding six months;
Is not currently registered and not in a condition
for legal use on the public highways. A vehicle which is in condition
to pass the requirements for the New York State motor vehicle inspection
sticker shall be deemed to be in condition for legal use on the public
highways;
Is no longer intended to be used on the public
highways, the condition of the vehicle and circumstances surrounding
its storage or abandonment being admissible for purposes of determining
such intent; or
Is being held or used for the purpose of resale
of used parts therefrom or for the purpose of reclaiming for use some
or all of the materials therein or for the purpose of disposing of
the same.
Land or a building used for the collecting, storage or sale
of wastepaper, rags, scrap metal or discarded material or for the
collecting, wrecking, dismantling, storage, salvaging or sale of vehicles
or machinery parts.
[Amended 9-18-1979]
Storage other than in a completely enclosed structure, such
as a garage, and such structure shall be constructed of wood, masonry
or metal.
Includes an individual, firm, partnership, association, corporation,
company or organization.
Determination by whatever means, including settlement of
a claim, arbitration or legal action, that any person other than the
owner of a vehicle is liable to pay or will pay for the repair of
damage to a vehicle resulting from any vehicular accident.
Includes all areas within the Town of Owego, both publicly
and privately owned, except that area constituting the Village of
Owego.
Any business operating a vehicle for towing or hauling other
motor vehicles.
[Amended 2-23-1982]
Open storage of one or more inoperable, unregistered
or junk vehicles shall not be permitted on private or public property
within the Town of Owego, except as permitted in junkyards and by
this chapter, and no unlicensed motor vehicle shall be parked or stored
or allowed to be parked or stored by the owner thereof or by any other
person on public property.
[Amended 9-18-1979; 2-23-1982; 8-18-1992 by L.L. No. 5-1992]
A.
In the event of noncompliance with the provisions
of this chapter, the enforcement officer may issue an appearance ticket,
returnable to the Town of Owego Justice at a date and time as specified
on the appearance ticket. The appearance ticket shall specify the
alleged ordinance violation, date and time and a description of the
vehicle(s) involved, a copy of which shall be forwarded to the Town
Justice and shall be accompanied by an information form detailing
the violation and attempts made by the enforcement officer to achieve
compliance. Such appearance ticket may be served in person or by registered
or certified mail, return receipt requested, on the owner of the inoperable,
unregistered or junk vehicle or on the owner or tenant of any property
on which the vehicle is openly stored.
B.
A written answer to such appearance ticket shall be
made within five days of service of the appearance ticket, which answer
shall be served upon the Town of Owego and the Town of Owego Justice
Court in person or by registered or certified mail, return receipt
requested, in lieu of a personal appearance on a return date at the
time and court specified in the appearance ticket.
C.
If it is contended that said vehicle is not an inoperable,
unregistered or junk vehicle, as herein defined, then a written answer
shall so state. Upon raising such a defense, the person so contending
shall allow a representative of the Town to inspect such vehicle in
the person's presence or in the presence of the person's representative
within five days of service of the answer.
[Amended 9-18-1979; 2-23-1982; 8-18-1992 by L.L. No. 5-1992]
A.
Upon the return date or any adjourned date, a hearing
shall be held upon the alleged ordinance violation.
B.
Upon the finding of a violation of the ordinance, in addition to any penalties it may impose pursuant to § 112-15 of this chapter, the Court may enter an order for any or all of the following forms of relief:
(1)
Directing the person(s) against whom the judgment
is rendered, regardless of the ownership of the vehicle if the property
owner or tenant is served, to terminate the open storage of such vehicle
within the Town within 10 days of the date judgment is rendered.
(2)
Declaring the vehicle a public nuisance.
(3)
Granting the representatives of the Town of Owego
the right to enter and remove such vehicle from any premises within
the Town where such vehicle may be found and to dispose of such vehicle.
Neither the Town of Owego nor any person acting on behalf of the Town
of Owego shall be liable to any person for the disposal of or destruction
of such vehicles. In the event that the Town shall realize any money
from the disposal of such vehicle, the money shall remain the property
of the owner and shall be returned to the owner without interest,
less all costs pertinent to the enforcement of this section.
[Amended 2-23-1982; 8-18-1992 by L.L. No. 5-1992]
A.
Upon written application, the Town of Owego enforcement
officer may issue a permit for the open storage of an inoperable,
unregistered or junk vehicle, as defined by this chapter, pending
the making of such repairs as are necessary to place said vehicle
in a condition for legal operation for use on a public highway. The
applicant must agree, in writing, that if said repairs have not been
made by the end of the permit period, he, the applicant, will terminate
open storage of the vehicle within the Town of Owego. This application
must be accompanied by a fee of $25. Permits shall be issued for a
period not to exceed six months and shall be nonrenewable.
B.
The application, on forms furnished by the Town of
Owego, shall state:
(1)
The name, address and telephone number of the applicant.
The applicant shall be the owner of the vehicle.
(2)
The name, address and telephone number of the owner
or tenant of the property where the vehicle is stored. If the owner
of the vehicle is not the owner or tenant of the property where the
vehicle is stored, written permission from the owner or tenant of
the property must accompany this application to allow storage of the
vehicle during the permit period.
(3)
The make, model, year of manufacture, serial number,
type (pickup truck, four-door sedan, etc.) and color.
(4)
The most recent year of registration, state registered
in, plate number and registration number.
(5)
The expiration date of the most recent state inspection
and serial number of the inspection sticker.
(6)
A full description of the repairs to be made on the
vehicle so that it will comply with this chapter.
(7)
What person will make the repairs.
(8)
The place where the vehicle is presently stored.
(9)
The place where repairs will be made.
(10)
That the owner intends to bring said vehicle
into compliance within six months.
C.
If the applicant is the owner or tenant in possession
of the property where the vehicle to be restored is stored, as part
of the application he shall give the Town and its designees a license
to enter such premises for the purpose of inspection and removal of
the vehicle from the premises following the expiration of the permit
if, at such time, said vehicle is an inoperable, unregistered or junk
vehicle, as herein defined.
D.
If the applicant is not the owner or tenant in possession
of such premises, the application shall include a license from the
owner or tenant in possession of said premises to permit such inspection
and removal.
E.
Such license shall also state that the Town of Owego
shall have the right to make such inspection and removal from any
other premises owned by the applicant or the licensor to which such
vehicle may be moved within the Town of Owego. Such license shall
state that it is irrevocable for a period of 90 days from the expiration
of the permit.
F.
A separate permit shall be required for each separate
vehicle to be restored. In no event shall more than two compliance
permits be issued for a given property at any one time.
G.
Inspection after the permit period has expired shall
be at a time specified in a notice of inspection or not less than
three days' notice, either personally or by mail. The applicant may
participate in the inspection.
[Added 2-23-1982]
A.
Upon written application, the Town of Owego enforcement
officer may issue a permit for the restoration of an antique or classic
vehicle, as defined by this chapter. The permit shall be issued for
a period not to exceed 12 months and may be extended once only for
an additional period of three months upon a satisfactory showing that
the vehicle restoration will be completed within the additional three-month
extension period. The fee for the permit shall be $25, and the fee
for an extension shall be $10.
[Amended 8-18-1992 by L.L. No. 5-1992]
B.
The application for a restoration permit shall be
on forms furnished by the Town of Owego and shall state:
(1)
The name, address and telephone number of the applicant.
The applicant shall be the owner of the vehicle.
(2)
The name, address and telephone number of the owner
or tenant of the property where the inoperable, unregistered or junk
vehicle is stored. If the owner of the vehicle is not the owner or
tenant of the property where the vehicle is stored, written permission
from the owner or tenant of the property must accompany this application
to allow storage of the vehicle during the permit period.
(3)
The make, model, year of manufacture, serial number,
type (pickup truck, four-door sedan, etc.) and color.
(4)
The most recent year of registration, state registered
in, plate number and registration number.
(5)
The expiration date of the most recent state inspection
and serial number of the inspection sticker.
(6)
What person will make the repairs.
(7)
The place where the vehicle is presently stored.
(8)
The place where repairs will be made.
(9)
Certification that the owner intends to restore said
vehicle within 12 months from the date of the application.
[Amended 2-23-1982]
Inoperable, unregistered or junk vehicles may
be stored in junkyards that have met the requirements of Article XII
of the Town of Owego Zoning Ordinance.[1]
[Amended 2-23-1982]
Inoperable or unregistered or junk vehicles
may be stored in areas designated by the Town Board of the Town of
Owego as temporary holding areas for such vehicles by the Town of
Owego or by persons under contract or agreement with the Town of Owego
for the disposal of said vehicles.
[Amended 2-23-1982; 8-18-1992 by L.L. No. 5-1992]
A.
Provided that such operations are permitted by all
applicable zoning laws and regulations, including rights under any
nonconforming uses and including any limitations, restrictions or
conditions established according to law by the Town Board, the Board
of Appeals, the Planning Board or any court of competent jurisdiction,
and are not in violation of any applicable private restrictive covenant
or agreement filed or recorded in the Tioga County Clerk's office:
(1)
Any wrecker may store inoperable, unregistered or
junk vehicles on one site, but not on more than one site, within the
Town, provided that said vehicles are not stored within the Town for
more than 15 days.
(2)
Any commercial garage may store inoperable, unregistered
or junk vehicles on any one site, but not on more than one site, within
the Town, pending and during repair of such vehicles, provided that
said vehicles are not stored within the Town for more than 60 days,
unless a permit for an extension is issued by the enforcement officer.
B.
Where a repair settlement is pending, in good faith,
the foregoing time periods shall not start to run until either a repair
settlement has been made or the inoperable, unregistered or junk vehicle
has been stored within the Town of Owego for four months.
C.
For good cause shown, the enforcement officer may
extend by permit any time period for such period of time as he determines
is reasonably necessary to permit repair of an inoperable, unregistered
or junk vehicle. The enforcement officer may refuse to permit such
extended storage if he determines that the applicant has not attempted
to complete repairs within the regular time period, is not in good
faith or is in violation of this chapter in any way. A fee of $25
shall be paid for each permit, and the applicant shall agree that
the vehicle will be repaired or disposed of at the end of such extension
or any subsequent extension.
D.
Records.
(1)
Wreckers and commercial garages shall keep records
showing the make, engine number, license plate number, if any, vehicle
owner, vehicle owner's address, purpose for storage, any prior storage
within the 12 months by them or, if known, by anyone else within the
Town and the starting and ending dates of storage for each inoperable,
unregistered or junk vehicle. Such records shall be shown to the Town
officials upon request during business hours. Such records shall be
prima facie evidence of the statements therein contained but shall
be rebuttable.
(2)
In the absence of such records or other sufficient
proof that said vehicle has not been stored in violation of this chapter,
the operator of such business shall terminate storage of the vehicle
with the Town within five days of receipt in person or within eight
days of mailing of a notice to terminate such storage unless:
E.
Anything in this chapter notwithstanding, any disabled
vehicle may be stored on the premises of any gasoline station for
up to seven days.
[Added 2-23-1982]
Any vehicle being actively used in farming operations
shall be exempted from the provisions of this chapter, provided that:
A.
The vehicles are being used on private property and
are being held for continuing operation on private property and are
not being held primarily for nonoperating purposes.
B.
The vehicles, if not in a condition for legal operation
on public highways, are in a condition so that they can be operated
and so that such operation on private property will not be unduly
dangerous to the operator, passengers or others.
C.
The vehicles are in such condition that there is no
sharp metal, broken glass or other condition which would endanger
children who might be attracted to play around the vehicles.
[Added 2-23-1982]
This chapter shall not be construed to prohibit
the open storage, not to exceed four years, of a motor vehicle which
is unregistered and is in operable condition and is owned by a member
of the armed forces who is serving on active duty.
[1]
Editor's Note: Former § 112-14,
Amnesty period, as amended 2-23-1982, was repealed 8-18-1992 by L.L.
No. 5-1992.
[Amended 9-18-1979; 2-23-1982; 11-3-2021 by L.L. No. 2-2021]
Any person who fails to comply with the provisions
of this chapter shall be subject to a civil penalty of the greater
of $100 per separate violation or the Town's costs of inspection,
service of notices, removal, towing and the permanent disposal of
such vehicles. Each vehicle stored in violation of this chapter shall
constitute a separate violation. Each week that such separate violation
shall continue or be carried on shall constitute an additional separate
violation.
The Town of Owego enforcement officer may make
reasonable rulings and may issue reasonable regulations in furtherance
of and consistent with the intent of this chapter.
