[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward 10-5-1964 (Ch. 85 of the 1985 Code). Amendments noted where applicable.]
The seriousness of the matter of the outdoor storage of abandoned,
junked, discarded and 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, the protection of property and the prevention and extinguishment
of fires and explosions compel the Board of Trustees of the Village
of Fort Edward to legislate upon this subject matter. It is hereby
declared that the adoption of this chapter has for its purpose the
effective termination of such obnoxious practice.
[Added 4-7-1986 by L.L. No. 1-1986]
As used in this chapter, the following terms shall have the
meanings indicated:
Any nongaraged motor vehicle, originally intended for use
on public highways, which is abandoned, stored, left or vacated by
its owner or any other person or is permitted or condoned to be abandoned,
stored, left or vacated by its owner or any other person on private
premises in the Village outside any establishment duly licensed by
the Village and which vehicle is currently unregistered by the State
of New York or any other state and is either not operable or no longer
intended or in condition for legal use on the public highway. The
term shall include vehicles in such condition as to cost more to repair
in order to place such motor vehicle in operating condition than the
value of the motor vehicle at any given time and shall include any
motor vehicle which has not been licensed with the proper authorities
for a period of at least 30 days from the expiration of the last valid
licensing, with the exception of those motor vehicles in the possession
of authorized used car dealers or garagemen for the purpose of sale
or repair.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, to store or
deposit, or cause or permit to be stored or deposited, an abandoned,
junked, discarded or unlicensed motor vehicle or motor vehicles upon
any private land or upon the surface of such land within the corporate
limits of the Village of Fort Edward.
[Amended 9-8-1987 by L.L. No. 2-1987]
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 the provisions of this chapter. 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 Fort Edward as Lot(s)_____,
Number(s)_____, page_____, Block, _____, or Number _____ Street or
Avenue.
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"Notice is hereby given that an abandoned, junked, discarded
and/or unlicensed motor vehicle has been found stored or deposited
outside upon the above-described property in the Village of Fort Edward.
This automobile must be removed within five days from the date of
this notice.
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"In the case you fail or refuse to comply with this notice on or before the expiration of the said five days from the date of this notice, the Village of Fort Edward, acting through its duly authorized Police Department, will issue an appearance ticket returnable before the Village Court of the Village of Fort Edward, and you will be subject to the penalties provided by § 311-5 of the Code of the Village of Fort Edward."
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[Amended 4-7-1986 by L.L. No. 1-1986]
Any owner, occupant, lessee, agent or tenant who shall neglect
and refuse to remove said abandoned, junked, discarded and unlicensed
motor vehicle, as directed by this chapter, 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 any notice herein provided
for or who shall violate any of the provisions of this chapter or
who shall resist or obstruct the duly authorized agents, servants,
officers and employees of the Village in the removal and destruction
thereof shall, upon conviction thereof, be fined a sum of not exceeding
$250 or imprisoned for up to 15 days, or both, for each violation
thereof.
