[HISTORY: Adopted by the Town Board of the Town of Amherst 7-16-1973 by L.L. No.
2-1973. Amendments noted where applicable.]
The outdoor storage of abandoned vehicles within the Town, other
than within licensed junkyards, is detrimental to the health, safety
and general welfare of the community. It also constitutes an attractive
nuisance to children and in many ways imperils their safety; endangers
persons and property since fuel tanks containing gasoline or gasoline
fumes may easily explode; is unsightly and depreciates property values;
and provides nesting places for rats, mice and other rodents. The
control of the outdoor storage of abandoned and unlicensed motor vehicles,
other than within licensed junkyards, within the Town is therefore
regulated for the preservation of the health, safety and general welfare
of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes abandon(ed), discard(ed) and junk(ed).
Includes the legal owner, contract purchaser in possession,
tenant, lessee, occupant, undertenant, receiver, assignee or trustee
of premises or property located within the Town of Amherst.
Person having the property in or title to a vehicle, including
a person entitled to the use and possession of a vehicle subject to
a security interest in another person and also including any lessee
or bailee of a vehicle having the use thereof under lease or otherwise.
Includes a natural person, partnership and corporation.
The area within the Town of Amherst outside the Village of
Williamsville.
Every vehicle operated, driven or capable of being operated
or driven upon a public highway by any power other than muscular power.
A vehicle shall be deemed to be an abandoned vehicle if left
unattended:
A.
With no then-valid numbered registration plates affixed thereto,
for more than six hours on any highway or in any other public place.
B.
For more than 24 hours on any highway or in any other public place,
except a portion of a highway or public place on which parking is
legally permitted.
C.
For more than 48 hours after the parking of such vehicle shall have
become illegal, if left on a portion of a highway or public place
on which parking is legally permitted.
D.
For more than seven days on property of another, if left without
permission of the owner.
A.
It shall be unlawful for any person to cause any vehicle to be abandoned
on any highway or any other public place.
B.
It shall be unlawful for any person to cause any vehicle to be abandoned
on any private property of which he is not the owner.
C.
It shall be unlawful for any owner of private property to cause or
allow any vehicle to be abandoned or stored or kept without valid,
numbered registration plates affixed thereto on his private property.
The provisions of the foregoing sentence shall not apply to:
(1)
Vehicles on private property licensed as junkyards.
(2)
Vehicles kept or stored within a completely enclosed building.
(3)
Vehicles kept or stored for sale without dismantling on private property occupied pursuant to Chapter 203, Zoning, for the sale of new or used vehicles.
(4)
A motor home or other vehicle designed and used primarily for recreation
purposes. This exception shall not apply to more than one such vehicle
per parcel of property.
[Amended 4-11-2022 by L.L. No. 8-2022]
Any vehicle abandoned in violation of this chapter may be removed
and stored by the police department, or all other agencies authorized
by the Town of Amherst Code upon first having obtained a search warrant
pursuant to Article 690 of the Criminal Procedure Law, which shall
permit the seizure of any vehicle abandoned in violation of this chapter
as authorized by CPL § 169.10. Application for search warrants
should be made by the Building Commissioner, and/or his/her designee/employee
and/or a member of the Amherst Police Department.
If an abandoned vehicle, as hereinbefore defined, at the time
of abandonment has no numbered plates affixed and is of a wholesale
value, taking into consideration the condition of the vehicle, of
$100 or less, such value to be established by a person to be designated
by the Town Building Commissioner for such purpose, title shall immediately
vest in the Town of Amherst.
A.
Except for vehicles governed by § 184-6 above, the Building Department of the Town shall make an inquiry concerning the last registered owner of such vehicle as follows:
B.
The Building Department shall notify the last registered owner, if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after five days from the date such notice was mailed. If the agency described in Subsection A also notifies such Building Department that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such.
C.
Title to such abandoned vehicles, if unclaimed, shall vest in the
Town of Amherst five days from the date such notice is mailed or,
if the last registered owner cannot be ascertained, when notice of
such fact is received.
A.
Abandoned vehicles, title to which has vested in the Town of Amherst,
shall be sold by the Building Commissioner at public auction. The
time and place of auctions and rules pertaining to the holding thereof
shall be determined by the Commissioner. He shall publish a notice
in the Town's official newspaper of each auction at least five days
prior to the date thereof.
B.
The last registered owner of an abandoned vehicle shall be presumed
to be the owner and liable to the Town of Amherst for the costs of
removal, storage and disposition of such vehicle unless he shall present
proof of present ownership in another person.
C.
Any proceeds from the sale of an abandoned vehicle, less any expenses
incurred by the Town of Amherst, shall be held by the Town, without
interest, for the benefit of the owner of such vehicle for a period
of five years. If not claimed within such five-year period, such proceeds
shall be paid into the general fund of the Town.
The invalidity of any section, or part thereof, of this chapter
shall not affect the remaining provisions hereof.
This chapter shall take affect immediately.
