[HISTORY: Adopted by the Board of Trustees of the Village of Coxsackie 6-8-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
This chapter may be known and cited as the "Abandoned, Junked or Unregistered Motor Vehicle Local Law."
The outdoor storage of abandoned, junked, discarded or unregistered motor vehicles on privately owned property within the Village of Coxsackie is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and may imperil their safety. Such storage also endangers the person and property of members of the community, since such vehicles are often replete with broken glass, sharp and rusted metal edges, highly combustible or explosive gasoline or fumes, and corrosive battery acid; and such vehicles tend to result in the growth of weeds and tall grass, the accumulation of debris, and the breeding of insects, vermin, and rodents. Such storage is unsightly and depreciates property values. The control of the outdoor storage of abandoned, junked, discarded and unregistered motor vehicles on privately owned properties within the Village of Coxsackie 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:
- ABANDONED MOTOR VEHICLES
- The intent of the owner of a motor vehicle not to use it on the public highways shall establish it as abandoned. The intent of the owner shall be determined by all relevant facts, including but not limited to any one of the following: the physical condition of the motor vehicle, any statements as to its abandonment, the length of time since the motor vehicle was last used on public highways, and whether the motor vehicle is currently registered. With respect to a motor vehicle not required to be registered or motor vehicles not usually used on public highways, the intent of the owner shall be determined by the physical condition of the motor vehicle, the length of time since it was last used for the purposes intended and any statements as to its abandonment, and other relevant facts. The statement of the owner or person in control that he does not intend to abandon the vehicle, by itself, without a showing of willingness and ability to repair, register or make the vehicle ready for lawful use, shall not defeat a finding that the vehicle is abandoned.
- DISCARDED MOTOR VEHICLE
- Any motor vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of, or any motor vehicle whose owner cannot be found after due and reasonable inquiry.
- JUNKED MOTOR VEHICLE
- Any motor vehicle in such condition as to cost more to repair and place in operating condition than the reasonable market value before such repair, or which is impractical to repair due to the age or condition of the vehicle.
- MOTOR VEHICLE
- Every vehicle originally designed and intended to be operated, drawn or driven, or capable of being operated, drawn or driven, upon a public highway by any power other than muscular power. For the purposes of this chapter, the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles, trailers, snowmobiles and all-terrain vehicles.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor 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 motor vehicle having the use thereof under lease or otherwise.
- OWNER OF PRIVATE PROPERTY
- A person, firm or corporation being the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Village of Coxsackie.
- PREMISES OR PROPERTY
- Includes all parcels of real property privately owned, situated in the Village of Coxsackie, whether occupied or vacant.
- UNREGISTERED MOTOR VEHICLE
- Any motor vehicle which may be registered with the State of New York and is not currently registered. The fact that a motor vehicle which may be registered with the State of New York does not display a current license plate or displays an expired license plate shall be presumptive evidence of the fact that such motor vehicle is not currently registered.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Village of Coxsackie, to store or deposit, or cause or permit to be stored or deposited, any abandoned, junked or discarded motor vehicle, or part or piece thereof, on any private property within the Village of Coxsackie, unless such motor vehicle is stored or deposited in a completely enclosed building.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of any private property within the Village of Coxsackie, to store or deposit, or cause or permit to be stored or deposited thereon, any unregistered motor vehicle unless:
Such motor vehicle is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the ordinances and local laws of the Village of Coxsackie; or
Such motor vehicle has been converted to and is actually used as a permanent building or structure for carrying on purposes in such manner and circumstances as authorized by the local laws and ordinances of the Village of Coxsackie; or
Such motor vehicle is a camping, house or boat trailer otherwise stored and used in compliance with the local laws and ordinances of the Village of Coxsackie.
If the provisions of the foregoing sections are believed to be violated, the Code Enforcement Officer or any peace officer shall serve a written notice, either personally, by regular mail, or by posting conspicuously at the premises, upon the owner, occupant or person having charge of such private property, to comply with the requirements of this chapter. The Code Enforcement Officer or peace officer may determine ownership of any parcel of land in the Village of Coxsackie from the current assessment roll of the Village and may serve written notice upon the owner thereof by mailing such notice to the owner at the address listed on the current assessment roll. If the Code Enforcement Officer or peace officer is unable to determine the ownership or address of the owner of said private property, such notification may be made by publishing same once in the official newspaper of the Village.
The notice shall be in substantially the following form:
Failure to remove the abandoned, junked, discarded or unregistered motor vehicle within the periods prescribed above is a violation of this chapter.
Violations of this chapter shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
All motor vehicles shall be removed at the owner's expense. Any person, firm or corporation who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village of Coxsackie in the removal and disposal of a motor vehicle by order of the Village Court of the Village of Coxsackie shall be subject to the fines and penalties provided herein.