[HISTORY: Adopted by the Board of Trustees of the Village of Millerton 2-23-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 151.
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 Village 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 Village of Millerton.
The unrestrained accumulation of inoperable motor vehicles is a hazard to such health, safety and welfare of the citizens of Millerton, 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 § 156-3, abandoned or stored on private or public property:
Can constitute both a public and private nuisance.
Is a source of potential hurt to children and others who find it an attractive nuisance.
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.
Constitutes a blight on the Village of Millerton landscape.
Destroys the aesthetic qualities of the Village of Millerton and is generally unsightly.
Tends to depreciate not only the property on which it is located but also the property of other persons in the neighborhood and the Village of Millerton generally.
Makes the Village of Millerton a less safe and pleasant place in which to live and to do business.
Damages the welfare of the Village of Millerton as a whole.
Tends to result in the uncontrolled growth of grass and weeds.
Tends to result in the uncontrolled collection of debris.
Tends to be a breeding ground for insects, rodents and similar harmful creatures.
This chapter may be known and cited as the "Village of Millerton 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.
As used in this chapter, the following terms shall have the meanings indicated:
- ANTIQUE MOTOR VEHICLE
- 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.
- CLASSIC MOTOR VEHICLE
- 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.
- ENFORCEMENT OFFICER
- The person appointed by the Village Board, or his designated deputy, to perform the duties herein conferred on the enforcement officer.
- JUNK VEHICLE
- Any motor vehicle, whether automobile, bus, trailer, truck, mobile home, motorcycle, motor bicycle, minibicycle 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 Village of Millerton, outside of a junkyard or farm machinery or car sales, service and rental business operating in accordance with Chapter 170, Zoning, of the Village of Millerton, which vehicle is not registered by the State of New York for operation on public highways.
- OPEN STORAGE
- Storage other than in a completely enclosed structure, such as a garage, and such structure shall be constructed of wood, masonry or metal.
- OPERABLE VEHICLE
- A vehicle which is in a condition to pass the requirements for the New York State motor vehicle inspection sticker.
- Includes an individual, firm, partnership, association, corporation, company or organization.
- TEMPORARILY INACTIVE VEHICLE
- A vehicle which is operable but not registered and which the owner intends to register within 12 months.
- Any device in, upon or by which any person or property may be transported or drawn upon a highway, which would require registration under § 401 of the New York State Vehicle and Traffic Law before it could be so used.
- Includes all areas within the Village of Millerton, both publicly and privately owned.
[Amended 11-15-2004 by L.L. No. 7-2004]
Open storage of one or more junk vehicles shall not be permitted on private property within the Village of Millerton, except as otherwise provided under § 156-7 of this chapter or as permitted in junkyards or automobile dealerships under the Village of Millerton Zoning Law. No junk vehicles shall be parked or stored or allowed to be parked or stored by the owner thereof or by any other person on public property within the Village of Millerton.
In the event of noncompliance with the provisions of this chapter, the enforcement officer may issue an appearance ticket, returnable to the Town of North East Justice at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged violation, date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Town of North East Justice and shall be accompanied by an information form detailing the violation and attempts made by the enforcement officer to achieve compliance.
If, within the time provided for removal following service of a determination that a vehicle is a junk vehicle, including any extensions of time resulting from an appeal or stay of execution, the open storage of such vehicle within the Village of Millerton is not terminated, such vehicle shall be automatically deemed a public nuisance, and the representatives of the Village of Millerton shall have the right to enter and remove such vehicle from any premises within the Village where such vehicle may be found and to dispose of such vehicle. Neither the Village of Millerton nor any person acting on behalf of the Village of Millerton shall be liable to any person for the disposal of or destruction of such vehicles. In the event that the Village shall realize any money from the disposal of such vehicle, the money received shall be held and distributed in accordance with the provisions of § 156-16 of this chapter.
[Amended 11-15-2004 by L.L. No. 7-2004]
The enforcement officer shall give written notice, by personal service or by registered or certified mail, on the owner of the junk vehicle or on the owner or tenant of any property on which the vehicle is openly stored. Such notice shall direct the person so served, 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 Village within:
The notice shall state that if the person served contends that said vehicle is not a junk vehicle, as herein defined, that he shall notify the enforcement officer, in writing, of such contention within:
The person served shall allow a representative of the Village to inspect such vehicle with the person served or a representative of the person served within five days of such notification. Within five days after such inspection, the Village of Millerton shall inform the person served of its findings, in writing, by personal service or by certified or registered mail. If the findings are that one or more of the vehicles specified in the original notice are being stored by the person served with the original notice, said person shall terminate open storage of said vehicle within the Village of Millerton within:
If the person so served institutes a proceeding under Article 78 of the Civil Practice Law and Rules to set aside said determination, such termination of storage shall not be required pending a decision in the proceeding. If the court's decision upholds the Village of Millerton's determination, open storage of the vehicle within the Village shall be terminated within five days following service of notice of entry of court order or, if an appeal is taken and a court stay of execution is granted, within five days of the expiration of the stay of execution.
[Amended 11-15-2004 by L.L. No. 7-2004]
Upon written application, the Village of Millerton Enforcement Officer may issue a permit for the open storage of a 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 open storage of no more than two junk vehicles shall be allowed per any given property within the Village of Millerton, provided that each vehicle is:
Permits issued pursuant to this section shall be for a one-year period of time, and may be renewed thereafter on an annual basis. There shall be no permit fee for the first junk vehicle stored pursuant to this section, but a permit fee at a rate determined by the Village Board shall be charged by the Village for any additional vehicle.
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 Village 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 a junk vehicle as herein defined.
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.
Such license shall also state that the Village of Millerton 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 Village of Millerton. Such license shall state that it is irrevocable for a period of 90 days from the expiration of the permit.
Inspection after the permit has expired shall be at a time specified in a notice of inspection of not less than three days' notice, either personally or by mail.
Upon written application, the Village of Millerton Enforcement Officer may issue a permit for the restoration of an antique or classic vehicle, as defined by this chapter. As a condition for the issuance of said permit, the owner shall agree to conceal and cover the vehicle by a car cover when it is not being repaired and to store the vehicle in such a manner so as not to create a danger or risk to the public safety or the general public. The permit shall be issued for a period not to exceed 12 months and may be renewed thereafter on an annual basis. There shall be no permit fee for the first antique or classic vehicle stored pursuant to this section, but a permit fee at a rate determined by the Village Board shall be charged by the Village for any additional vehicle.
[Amended 11-15-2004 by L.L. No. 7-2004]
Any vehicle being actively used in farming operations shall be exempted from the provisions of this chapter, provided that:
The vehicle is being used on private property and is being held for continuing operation on private property and is not being held primarily for nonoperating purposes.
The vehicle, if not in a condition for legal operation on public highways, is in a condition so that it can be operated and so that such operation on private property will not be unduly dangerous to the operator, passengers or others.
The vehicle is 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 vehicle.
Upon written application, the Village of Millerton Enforcement Officer may issue a permit for the open storage of a temporarily inactive vehicle. The permit shall be issued for a period of not to exceed 12 months and may be renewed on an annual basis. There shall be no permit foe for the first temporarily inactive vehicle stored pursuant to this section, but a permit fee at a rate determined by the Village Board shall be charged by the Village for any additional vehicle.
[Amended 11-15-2004 by L.L. No. 7-2007]
In the case of an application to store a temporarily inactive vehicle, the applicant must establish by satisfactory evidence that his vehicle is in condition to pass the requirements for the New York State motor vehicle inspection sticker.
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.
No legal action shall be taken against any person with regard to any violation of this chapter which violation exists on the date of the enactment of this chapter, provided that such person terminates all violations by him, whether by removal, repair or permit, as herein provided, within the following periods:
If, on the enactment date of this chapter, said person is in violation with respect to five or fewer junk vehicles, he terminates all violations by him within 30 days of said enactment date.
If, on said enactment date, said person is in violation with respect to 15 or fewer junk vehicles, he terminates violations with respect to at least five vehicles within 30 days and with respect to the remaining vehicles within 60 days of said enactment date.
If, on said enactment date, said person is in violation with respect to an excess of 15 junk vehicles, he terminates violations with respect to at least five vehicles within 30 days, with respect to at least 15 vehicles within 60 days and with respect to all other junk vehicles within 120 days of said enactment date.
The sole effect of such amnesty period shall be to provide immunity from fine or punishment, and it shall not be interpreted as making legal for any other purpose the storage of any junk vehicle or to create any nonconforming use or to create any break in time with regard to the length of time that the storage of any vehicle has been illegal.
If a junk vehicle, as hereinbefore defined, after removal by the Village or its agent, is 10 or more model years old and is of a value of $750 or less, title shall immediately vest in said Village. The aforesaid value shall be determined by any duly authorized agent or employee of the Village.
For vehicles having a value of over $750 or which are less than 10 model years old, the enforcement officer shall make an inquiry concerning the last registered owner of such vehicle with the jurisdiction which issued the plates thereon or with the Department of Motor Vehicles where no plates were affixed.
The enforcement officer shall notify the last owner, if any, that the vehicle in question will be sold after 10 days from the date such notice was mailed. If the agency described in Subsection A also notifies such local authority 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 vehicle and the fine prescribed by the Vehicle and Traffic Law of the State of New York or by the Village of Millerton Code.
Title to such vehicle shall vest in the Village of Millerton 10 days from the date such notice is mailed or, if the last registered owner cannot be ascertained, when notice of such fact is received.
The Village shall determine if such vehicle is suitable for operation on the public highways. If so, the vehicle shall be sold at public auction to the highest bidder.
If the Village determines that a vehicle is not suitable for operation on the public highways, it may sell the vehicle privately as it deems fit.
The Village Clerk shall prepare and distribute a salvage certificate (Motor Vehicle Form MV-907A) in accordance with regulations promulgated by the Commissioner of Motor Vehicles. A copy of such certificate shall serve as proof of ownership for the vehicle and shall provide a method of transfer of such a vehicle as a junk vehicle and may serve as an application for title.
Any proceeds from the sale of a vehicle, less any expenses incurred by the Village of Millerton, shall be held by the Village without interest for the benefit of the owner of such vehicle for a period of one year. If not claimed within such one-year period, such proceeds shall be paid into the general fund of the Village.
The last registered owner of a vehicle shall be presumed to be the owner and liable to the Village of Millerton for the costs of removal and storage of such vehicle, unless he shall present proof of present ownership in another person.
A violation of this chapter shall be punishable by a fine of up to $250 per violation or by imprisonment for up to 15 days, or by both such fine and imprisonment. A violation of this chapter shall also subject the violator to a civil penalty of the greater of $100 per separate violation or the Village's costs of inspection, service of notices, removal, towing and permanently disposing of such vehicle, less any criminal monetary fine which may have been imposed. Each junk 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 Village of Millerton Enforcement Officer may make reasonable rulings and may issue reasonable regulations in furtherance of and consistent with the intent of this chapter.