[HISTORY: Adopted by the Board of Trustees
of the Village of Depew as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-27-1971 by L.L. No. 2-1971 as Ch. 101 of the 1971 Code]
[Amended 6-8-2009 by L.L. No. 2-2009]
A.
The seriousness
of the matter of the outdoor storage of abandoned, junked, discarded
or unlicensed motor vehicles upon privately owned properties within
the Village increases with the passage of time. It is a source of
vexation and annoyance, not only to the members of the traveling public,
but to the owners and occupants of adjoining lands. The outdoor storage
of such vehicles upon private lands is unsightly. It constitutes an
attractive nuisance to children, and a peril to their safety in case
of fire and explosion whenever gasoline is left in the fuel tanks
of such vehicles. It depreciates the value of neighboring properties.
The preservation of peace and good order, the suppression of vice,
the benefit of trade, the preservation of public health and the protection
of property, the prevention and extinguishment of fires and explosions,
compel the Board of Trustees of the Village of Depew to legislate
upon this subject matter. It is hereby declared that the adoption
of this section has for its purpose the effective termination of such
obnoxious practice.
B.
For the
purposes of this chapter a vehicle is abandoned, junked, discarded
or unlicensed if it is not currently licensed with license plates
displayed on the motor vehicle as required by New York law or if it
is not inspected with an inspection sticker affixed as required by
New York law, unless the motor vehicle is parked on the premises of
a lawfully operating new car dealer, used car dealer, junkyard, salvage
yard, or impound yard where a vehicle is being stored pursuant to
police order, or unless the vehicle is lawfully registered, licensed
and insured in another state or in Canada and displays license plates
from the jurisdiction where it is registered.
[Amended 6-8-2009 by L.L. No. 2-2009]
It shall be unlawful for any person, either
as owner, occupant, lessee, agent, tenant or otherwise to store, place,
park or deposit, or cause or permit to be stored, placed, parked or
deposited, an abandoned, junked, discarded, unused or unlicensed motor
vehicle or motor vehicles upon any private land, unenclosed and upon
the surface of such land, within the corporate limits of the Village.
[Amended 6-8-2009 by L.L. No. 2-2009]
If the provisions of the foregoing section are
violated, the Village Clerk shall serve written notice, either personally
or by mail, upon the owner, occupant or person having charge of any
such land, to comply with provisions of this article. The notice shall
be in substantially the following form:
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"To the owner, occupant, or person having charge
of land known on the Assessment Map of the Village of Depew as Lot(s),
Number(s), or Number Street or Avenue.
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"Notice is hereby given that an abandoned, damaged,
discarded, unlicensed and/or inoperable motor vehicle has been found
stored or deposited upon the above described property in the Village
of Depew. This automobile must be removed within 7 days from the date
of this notice.
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"IN CASE you fail or refuse to comply with this
notice on or before the expiration of the said 7 days from the date
of this notice, the Village of Depew, acting through its duly authorized
agents, servants, officers and employees, will enter upon your land
and remove and cause the same to be destroyed. The expense incurred
by the Village will be assessed against the above described land,
and shall constitute a lien thereon, and be collected as provided
by law.
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"Dated _______________________
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_____________________________
Village Clerk"
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Any person who shall neglect and refuse to remove
said abandoned, junked, discarded and unlicensed motor vehicle, as
directed by this article, or who shall fail or refuse to comply with
the provisions of any notice herein provided for, or who shall violate
any of the provisions of this article, or who shall resist or obstruct
the duly authorized agents, servants, officers and employees of the
Village in the removal and destruction thereof, shall be, upon conviction
thereof, fined a sum of not exceeding $100 for each violation thereof.
In addition to the penalty herein provided, the violation thereof
shall constitute disorderly conduct, and the persons violating the
same shall be a disorderly person.
[Adopted 3-3-1987 by L.L. No. 1-1987]
Purpose of this article is to regulate dismantling
operations of motor vehicles within the limits of the Village of Depew
for the preservation of public health, protection of property, the
prevention and extinguishment of fires and explosions, and to regulate
all such operations.
Any person who is engaged in the business of
acquiring motor vehicles, trucks or trailers for the purpose of dismantling
the same for parts, or reselling such vehicle as scrap, shall not
operate as a dismantler unless he or she, or a corporation, has been
issued a Certificate of Registration to do so by the Department of
Motor Vehicles pursuant to § 415-a,[1] and in accordance with the provisions of this article
and all sections therein.
[1]
Editor's Note: See Vehicle and Traffic Law
§ 415-a.
Any person, firm, corporation, business, within
the limits of the Village of Depew must strictly conform to § 136
of the General Municipal Law; in that said business shall be completely
surrounded by a fence at least eight feet high, and/or natural barriers,
which subsequently screen the premises; and that it have a suitable
gate which must be locked at all times, except during business hours.
Any person operating a dismantling business
within the confines of the Village of Depew must first secure a permit
from the Village Clerk by payment of a $100 annual permit fee.
After approval by the Village Board of the application
submitted, any violations of these sections will result in a fine
of $100 per week.
