[HISTORY: Adopted by the Town Board of the
Town of Kent 7-5-1966 by L.L. No. 3-1966. Amendments noted where applicable.]
[Amended 8-23-1999 by L.L. No. 3-1999; 6-24-2002 by L.L. No.
3-2002]
A.
The outdoor storage of abandoned, junked and discarded
motor vehicles upon privately owned and Town properties within the
Town of Kent has created annoyance to the members of the traveling
public and to owners and occupants of adjacent land. The outdoor storage
of such vehicles on private land is unsightly and constitutes an attractive
nuisance to children and a peril to their safety. It depreciates the
value of neighboring properties. The preservation of the public health,
safety and welfare, the protection of property and the prevention
and extinguishment of fires and explosions compels the Town of Kent
to legislate upon this matter.
B.
It is hereby declared that the amendment of this chapter
has for its purpose the effective termination of such practices, in
order to preserve the health, welfare and safety of the community.
[Amended 8-23-1999 by L.L. No. 3-1999; 6-24-2002 by L.L. No.
3-2002; 10-17-2005 by L.L. No. 8-2005]
The following definitions shall apply in the
interpretation and enforcement of this chapter:
An apparent relinquishment of all right, title, claim and
possession of any motor vehicle with the intention of not resuming
ownership. Any uninspected or unlicensed vehicle shall be deemed an
abandoned motor vehicle under this chapter.
A four-sided, fully enclosed structure which conforms to Chapter 77, Zoning, of the Town of Kent, and which is normally used for the storage of vehicles. A tent or carport is not deemed an enclosed building under this chapter.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A machine propelled by power other than human power, designed
to travel along the ground, water or through the air, to transport
persons or property or pull machinery, and shall include, without
limitation, automobiles, trucks, trailers, motorcycles, all-terrain
vehicles, recreational vehicles, campers, tractors, buggies, wagons,
boats, and airplanes. Any campers, trailers or recreational vehicles
that are not stored in the rear of the property, behind a house or
structure on the property (as long as such lot permits the storage
behind such house or structure), shall be deemed an abandoned vehicle
under this chapter, as the storage of campers, trailers or recreational
vehicles in the front or side areas of the property is prohibited.
[Amended 9-24-2013 by L.L. No. 3-2013]
[Amended 8-23-1999 by L.L. No. 3-1999; 6-24-2002 by L.L. No.
3-2002]
A.
It shall be unlawful for any person, as defined herein,
either as owner, occupant, lessee, agent, tenant or otherwise, to
store or deposit, or cause, or permit to be stored or deposited, abandoned
motor vehicles, as defined herein, upon any private or public land,
upon the surface of such land, within the limits of the Town of Kent.
B.
This chapter shall not apply with regard to a vehicle
in an enclosed building, a vehicle on the premises of an enterprise
operated in a lawful place or manner and necessary to the operation
of such business enterprise, nor to a vehicle in an appropriate storage
place or depository maintained in a lawful place or manner in accordance
with this chapter.
C.
Any person may have a maximum of one abandoned motor
vehicle on their property, only if such abandoned motor vehicle is
registered with the Police Department of the Town of Kent, and only
if the owner of such vehicle submits to the Town of Kent a time period
within which such vehicle will be registered with New York State and
operable, such time period not to exceed 90 days. In order to store
such vehicle, the property owner must file a written application to
the Town of Kent. The Town Code Enforcement Officer, upon review of
said application, may issue a permit for the open storage of the vehicle,
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, the applicant will terminate
open storage of the vehicle within the Town of Kent. Permits shall
be issued for a period not to exceed 90 days.[1]
(1)
As part of the application, the owner of the land
where the vehicle to be restored is stored shall give the Town of
Kent and its designees a license to enter upon 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 abandoned vehicle as defined in this chapter.
[Amended 3-8-1971 by L.L. No. 1-1971; 4-2-1973 by L.L. No. 7-1973; 4-8-1996 by L.L. No. 3-1996; 6-24-2002 by L.L. No. 3-2002]
If the provisions of the foregoing section are
violated, the Police Department of the Town of Kent, the Town Code
Enforcement Officer of the Town of Kent and/or any other peace officer
of the Town of Kent, designated by the Town of Kent for such purpose,
shall serve a summons, either personally or by mail, upon the owner,
occupant or person having charge of any such land to comply with the
provisions of this chapter, and which directs the owner, occupant
or person having charge of any such land to appear before the Town
Justice. The Town Justice shall be empowered to direct that the violation
be removed within 15 days a from the return date of the summons. In
the event the said owner, occupant or person having charge of any
such land fails to comply with the notice within 15 days from the
return date of the summons, the Town of Kent, acting through its duly
authorized agents, servants, officers and employees, will enter upon
the land of the said person and remove and cause the said abandoned
motor vehicle to be impounded at the owner's expense, as provided
herein. The expense incurred by the Town of Kent will be collected
as provided by law.
[Amended 6-24-2002 by L.L. No. 3-2002]
Any police officer or Superintendent of Highways
of the Town of Kent, or any member designated by such police officer
or Superintendent is hereby authorized to remove or have removed any
vehicle left on any street or highway within the Town of Kent which
reasonably appears to be in violation of this chapter or lost, stolen
or unclaimed. After removal of any vehicle as provided in this section,
any police officer of the Town of Kent or the Superintendent of Highways
of the Town of Kent shall store such vehicle in a suitable place at
the expense of the owner of said vehicle. For purposes of this chapter,
the owner of the vehicle shall be the last registered owner of the
vehicle according to the records of the New York State Department
of Motor Vehicles. Such owner or person in charge of the vehicle may
redeem the same upon payment to the Town Clerk of the Town of Kent
of the amount of all expenses actually and necessarily incurred in
effecting such removal.
[Amended 6-24-2002 by L.L. No. 3-2002]
Any owner, occupant, lessee, agent or tenant
who shall neglect or refuse to remove said abandoned motor vehicle
as directed by this chapter, or who shall fail or refuse to comply
with the provisions of any notice herein provided, or who shall violate
any of the provisions of this chapter, or who shall resist or obstruct
officials, agents, officers or employees of the Town of Kent in the
removal and/or the destruction thereof, shall, upon conviction thereof,
be fined the sum of not less than $100 and not exceeding $500 for
each such violation thereof. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued after notice, a separate and distinct offense
hereunder. The prosecution of this chapter shall be in the manner
provided for infractions and not misdemeanors.
[Amended 10-17-2005 by L.L. No. 8-2005]
Any person, as defined herein, either as owner,
occupant, lessee, agent, tenant or otherwise who maintains an abandoned
vehicle as defined in this chapter, and who is serving in the United
States military on active duty, shall be exempt from the provisions
of this chapter until such time as said individual returns from said
active duty.
