[HISTORY: Adopted by the Town Board of the Town of Amherst 9-18-1939. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 83.
Environmental quality review — See Ch. 104.
Fire prevention — See Ch. 110.
Construction of public improvements — See Ch. 125.
Property maintenance — See Ch. 151.
Sewers — See Ch. 160.
Zoning — See Ch. 203.
Subdivision of land — See Ch. 204.
This chapter shall be known as the "House Trailer Ordinance."
It is the purpose of this chapter to promote the health, safety,
morals and general welfare of the inhabitants of the Town of Amherst
by the more efficient regulation of house trailers and trailer camps.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle used or occupied as sleeping or living quarters,
mounted on wheels and propelled either by its own power or power-driven
vehicle to which it may be attached, and includes an automobile trailer
equipped with living quarters or sleeping facilities and a house car.
Any lot, piece or parcel of ground whereon four or more house
trailers, house cars or automobile trailers equipped with sleeping
or living quarters are located or parked, otherwise than for the purpose
of loading, unloading or discharge or entrance of occupants or passengers.
A.
House trailer. No person or persons being the owner or occupant of
any premises within the Town of Amherst shall use or permit the use
of such premises for the parking, storage use or other location of
a house trailer without a license obtained as hereinafter provided;
nor shall any person, being the owner or operator of a house trailer,
park, store or otherwise locate said house trailer upon any premises
within the Town of Amherst without obtaining a license therefor as
hereinafter provided.
B.
Trailer camp. No person or persons, being the owner or occupant of
any land or premises within the Town of Amherst, shall use or permit
the use of said land or premises as a trailer camp without obtaining
a license therefor as hereinafter provided.
A.
Issuance of license. The Town Clerk of the Town of Amherst, upon
written application and upon receipt of the license fee therefor,
may, with the written approval of the Building Inspector of the Town
of Amherst, issue a license to become effective from the date thereof
and to continue in force for the term specified therein, but in no
event longer than through the 31st day of December next succeeding
for the use of premises therein specified as a trailer camp. Such
license shall not be transferable nor assignable.
B.
Application for license. The application for such license shall state
the name and address of the applicant, if an individual, and the name
and address of the partners, if a partnership, and the names and addresses
of the principal officers, if a corporation; the name and address
of the owner of the premises upon which the trailer camp is to be
located, and if such applicant is not the owner of such premises,
the nature of the interest of such applicant in said premises; a description
of the land or premises upon which the proposed trailer camp is to
be located; a complete plan of the proposed layout showing the extent
and area to be used for trailer camp purposes; the proposed roadways
and/or driveways; proposed location or site for house trailer location
and construction of all proposed sanitary conveniences, laundry buildings
and slop sinks, the proposed method of sewage disposal or removal,
the plan for water supply, electric light and a plan for proposed
toilet, wash rooms and laundry. Such application shall, when presented
to the Town Clerk, be immediately referred to the Building Inspector,
whose duty it shall be to enforce the provisions of this chapter,
except as herein otherwise provided and shall have the power subject
to the approval of the Health Officer and of the Town Board of the
Town of Amherst to approve or reject such application. Upon the approval
of such application by the Building Inspector, the Town Clerk shall
issue such license. The approval or rejection of such application
by the Building Inspector shall be in writing, and the rejection thereof
shall state briefly the reasons for such rejection. Any person deeming
himself aggrieved by the action of said Building Inspector may, within
30 days thereafter, apply to the Town Board of the Town of Amherst
for a review of such action. The Town Board may affirm or reserve
or modify the determination of the Building Inspector and may direct
the Town Clerk to issue or refuse such license.
C.
Fees. The applicant shall at the time of issuance of such license
pay to the Town Clerk a fee in accordance with the following schedule
of fees:
|
Trailer Camp Capacity
(trailers)
|
Fee
| |
|---|---|---|
|
Not more than 5
|
$50
| |
|
Not more than 10
|
$100
| |
|
Not more than 15
|
$150
| |
|
Not more than 20
|
$200
| |
|
More than 20
|
$500
|
D.
Term of license. Such license shall be effective from and after the
date of issuance to and including the 31st day of December next succeeding
the date of issuance.
A.
Terms of license. The Town Clerk of the Town of Amherst, upon proper
written application and upon receipt of the license fee therefor,
may issue a license to continue in force for the term specified therein,
but in no event longer than four weeks from the date of issuance thereof
to any owner or operator of a house trailer parked or otherwise located
upon the premises in the Town of Amherst for a period longer than
seven days. The owner or operator of such house trailer, however,
in the event that same shall be parked or otherwise located in a duly
licensed trailer camp, may obtain a renewal of such license; provided,
however, that no house trailer shall be permitted to remain in any
trailer camp or camps in the Town of Amherst for a longer period than
eight weeks in each twelve-month period.
B.
Application for license. The application for such license shall state
the name of the applicant, his residence address, the name and make
of house trailer, the registration number of such house trailer and
the state in which registered and the year of issue of registration;
and if such house trailer is propelled by another power drive vehicle
to which it may be attached, the make, registration number, state
and year of registration and the name of the owner of such other vehicle;
the street and number where such house trailer is or is to be located
and a statement of the estimated duration of stay in such proposed
location; whether or not such proposed location is a duly licensed
trailer camp, and if not, the consent in writing of the owner of the
premises to such use of the land must be presented with the application.
C.
Fees. Each such applicant shall pay at the time of issuance of such
license a fee of $1 for each such house trailer.
D.
Term. Such license and the renewal thereof shall be issued for a
period not exceeding four weeks from and after the date of issuance,
the expiration date of such license to be marked upon such license
in a space to be provided therein.
A.
Location. All land used as a trailer camp shall be well-drained,
of ample size, and free from heavy or dense growth of brush or weeds.
The land shall be properly graded to ensure rapid drainage during
and following rain and shall at all times be drained so as to be free
from stagnant pools of water. No trailer camp shall be located within
any residential zoning district except for the RMH-8 District, as
same are defined by the Zoning Ordinance of the Town of Amherst adopted
December 23, 1935, and all amendments thereto, and shown upon the
use map forming a part of said Zoning Ordinance.[1] No trailer camp shall be located within 500 feet of any
residence except the residence of the owner of such camp, nor within
500 feet of a school, church, or other place of worship unless the
Town Board shall otherwise order.
[Amended 5-1-2006 by L.L. No. 6-2006]
B.
Camp plan. Each such trailer camp shall provide not less than 875
square feet (25 feet by 35 feet) for each house trailer. The trailer
camp shall be subdivided and marked off into rectangular shaped lots,
grouped in blocks with camp streets at least 20 feet wide between
each block. No house trailer shall be located within 30 feet of any
highway or street line nor within 20 feet of any adjacent property
line. Such trailer camp shall be surrounded by a suitable woven wire,
open metal fence not less than five feet nor more than six feet high,
having only necessary opening for entrance and exit facilities. Barbed
wire shall not be used for such fences.
C.
Each such trailer camp shall be provided with approved sewer and water connections to existing public sanitary sewer and water systems of the Town or of any district thereof or of any public service corporation operating in such Town where such trailer camp is located, in a district where such sanitary sewer and water systems are available. Separate sewer connections for each trailer, based upon the maximum capacity of each such camp, shall be provided. Where such trailer camp shall be located in an area of the Town where public sanitary sewer, water service and fire hydrants are not available, sewer facilities and water supply shall be regulated as hereinafter provided in Subsection G of this section.
D.
Water supply. A sufficient supply of pure drinking water placed in
conveniently located buildings from approved water service facilities
of the Town of Amherst shall be provided. No common drinking facilities
shall be permitted. Drinking fountains and water faucets shall be
placed in locations other than in any toilet room or water closet
compartment.
E.
Toilets. Such trailer camp shall be provided with service buildings
in which shall be installed water closets, placed in separate compartments
properly separated from any other water closets, each compartment
being not less than three feet wide, enclosed in proper partitions
in the ratio of one water closet for every five females, or less;
and one water closet for every five males, in addition to one urinal
for 10 males, or less. Such minimum water closet and urinal accommodations
shall be based upon the total camp capacity according to the accepted
plans and shall be computed on the basis of a minimum of three persons
to each house trailer with the sexes being considered as equal in
number and the house trailers being computed according to the maximum
permitted capacity of such trailer camps. The room or rooms of the
service buildings herein referred to, housing water closets and urinals,
shall have a floor constructed either out of concrete or tile and
same shall be washed daily.
F.
Showers. Each such trailer camp shall provide one lavatory or wash basin for each toilet room having three toilets or fraction thereof; one shower or tub for each sex for each five persons or fraction thereof and one slop sink or basin with water supply over for each two trailers. Such minimum shower or tub accommodations shall be computed in the same manner as provided in Subsection E in the case of toilets.
G.
Camps outside improvement districts. Where such trailer camps shall be located in an area of the Town where public sanitary sewers, water and fire hydrants are not available, the installation of privies, cesspools and septic tanks may be permitted. In general, the basis of designation and installation of these rural conveniences shall conform to the Sanitary Code adopted by the Public Health Council, Chapter 7, as same now provides or may hereafter be amended to provide.
H.
Garbage receptacles. Each such trailer camp shall provide equipment
sufficient to prevent littering of the ground and premises with rubbish,
garbage, refuse and the like and shall provide flytight metal depositories
with tight-fitting covers at conspicuous locations upon such premises.
Such depositories shall be kept at all times in sanitary condition.
No house trailer shall be located more than 100 feet from a metal
depository. All garbage, refuse, rubbish and the like shall be collected
at least twice a week.
I.
Registration of house trailer occupants. The owner or operator of
each such trailer camp shall keep a permanent record in writing of
all guests or house trailer occupants using the facilities of such
trailer camp, which record shall include the following with reference
to each such house trailer:
(1)
Name and address of each occupant.
(2)
Date of arrival.
(3)
Name and owner of the house trailer.
(4)
Make of the house trailer.
(5)
State in which the house trailer is registered.
(6)
Registration number of the house trailer.
(7)
Year of issue of registration and, in addition, for each such house
trailer being propelled by an automobile or vehicle to which it may
be attached, the following:
J.
Removal of wheels. It shall be unlawful to remove wheels from a house
trailer or otherwise permanently affixing such house trailer to the
ground. Such attempted removal shall be grounds for the revocation
of the permit for such house trailer and shall subject such house
trailer and the owner thereof to the requirements of the Building
Code and Zoning Ordinance of the Town of Amherst.[2]
K.
Time limit on period of stay. No house trailer shall be permitted
to remain in any trailer camp for a longer period than eight weeks
in each twelve-month period.
L.
Miscellaneous provisions:
A.
Location. No house trailer shall be located upon any land or premises
within the Town of Amherst other than trailer camps unless such land
or premises has erected thereon, conveniently accessible to such house
trailer, adequate sanitary facilities and an approved water supply
system.
B.
Restriction on number of trailers. Not more than one such house trailer
shall be permitted to park and otherwise locate on each separate lot
or parcel of land other than a trailer camp, and no such house trailer
shall hereafter park or hereafter be permitted to park by any person
in a trailer camp located within 500 feet of any residence other than
the residence of the owner or operator of said trailer camp unless
the Town Board shall otherwise order.
C.
Duration of stay. No such house trailer shall be permitted to remain
upon any premises other than a trailer camp for a longer period than
four weeks in every 12 months, nor in any trailer camp for a longer
period than eight weeks in each twelve-month period.
D.
Location of house trailer on lot. Such house trailer shall not be
parked or otherwise located on any lot or parcel of land other than
a trailer camp, nearer than five feet to the side line of the same
nor within 30 feet of the street line of such premises.
E.
Removal of wheels. It shall be unlawful to remove wheels from a house
trailer or otherwise permanently to affix such house trailer to the
ground. Such attempted removal and/or affixation shall be grounds
for the revocation of the permit for such house trailer and shall
subject such house trailer and the owner thereof to the requirements
of the Building Code and the Zoning Ordinance[1] of the Town of Amherst.
The Building Inspector of the Town of Amherst shall enforce
all of the provisions of this chapter as hereinbefore set forth with
the assistance of the Health Officer and of the police officers of
the Town of Amherst. It shall be the duty of such Health Officer to
ascertain that the sanitary requirements hereinbefore required are
complied with. Such Building Inspector, Health Officer and police
officers shall have the right to enter upon such trailer camp or other
premises for the parking or location of a house trailer at all times.
If the Health Officer, upon inspection, finds that such trailer
camp is not being maintained in a clean and sanitary condition or
that such trailer camp is not being conducted in accordance with the
regulations applicable to such trailer camp and the provisions of
this chapter, he shall serve upon the holder of such license or the
person in charge of such trailer camp an order in writing directing
that the conditions therein specified be remedied within five days
after the service of such order. If, after the expiration of such
period, such conditions remain unchanged or are not corrected in accordance
with the order of the Health Officer, the Health Officer shall serve
a notice in writing upon such trailer camp owner or the person in
charge of such trailer camp requiring the holder of such license to
appear before the Town Board of the Town of Amherst at a time to be
specified in such notice, not less than 24 hours, and show cause why
such license should not be revoked. The Town Board may, after a hearing
at which the testimony and witnesses of the Health Officer and the
holder of the license shall be heard, revoke the license if the conditions
described in the original order have not been corrected in accordance
with the terms of such order or if the holder of such license has
violated the regulations applicable to such trailer camp or has violated
any of the provisions of this chapter, or for other sufficient cause.
Upon the revocation of such license, the premises shall forthwith
cease to be used for the purpose of a trailer camp and all house trailers
shall be removed therefrom.
[Amended 5-31-1966]
Every violation by any person, firm, association or corporation
of any of the provisions of this chapter shall be deemed to have committed
an offense against this chapter, and upon conviction therefor, such
person, firm, association or corporation shall be subject to a fine
of not less than $10 nor more than $100 or to imprisonment for a period
of not less than one day nor more than six months, or both such fine
and imprisonment; and in addition, any person, firm, association or
corporation which shall violate any of the provisions of this chapter
or who shall omit, neglect or refuse to do any act required by this
chapter shall severally for each and every such violation and noncompliance
respectively forfeit and pay a penalty of $50. The imposition of all
penalties for any violation of this chapter shall not excuse the violation
or permit it to continue. The application of the above penalty or
penalties or the prosecution of the violation of the provisions of
this chapter shall not be held to prevent the enforced removal of
conditions prohibited by this chapter.
None of the provisions of this chapter shall be applicable to
the sale, storage or garaging within a building or structure of a
house trailer or house trailers, nor shall the same be applicable
to the exhibition for sale of house trailers upon any property in
the Town of Amherst, provided that the other ordinances of said Town
shall be complied with.
Nothing herein contained shall be construed to abrogate any
of the provisions of the Sanitary Code established by the Public Health
Council of the State of New York, as same now provides or as same
may hereafter be amended to provide. In the event of inconsistencies
existing between the provisions of this chapter and said code, said
code shall govern.
If any section, paragraph, subdivision or provision of this
chapter shall be invalid, such invalidity shall apply only to the
section, paragraph, subdivision or provision adjudged invalid, and
the rest of this chapter shall remain valid and effective.
This chapter shall take effect and be in force from and immediately
after its passage, publication of notice of adoption and posting as
prescribed by law, except that the operators of trailer camps located
in the Town of Amherst at its effective date shall be allowed 30 days
from and after such effective date within which to comply with the
provisions hereof.
