[HISTORY: Adopted by the Town Board of the Town of Coxsackie 8-12-2008 by L.L. No.
8-2008. Amendments noted where applicable.]
This chapter may be known and cited as the "Junk Storage Local
Law."
The outdoor storage of junk on privately owned property within
the Town of Coxsackie is detrimental to the health, safety and general
welfare of the community. Junk storage constitutes an attractive nuisance
to children and may imperil their safety. Junk storage, particularly
junk vehicles, 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 on privately owned properties within the Town 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:
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.
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.
All putrescible animal and vegetable waste resulting from
growing, processing, marketing and preparation of food items, including
container in which packaged.
Worn out or discarded material of little or no value, including
but not limited to a junk appliance, junk motor vehicle, or garbage,
rubbish and debris.
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.
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.
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.
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 Town of Coxsackie.
Includes all parcels of real property privately owned, situated
in the Town of Coxsackie, whether occupied or vacant.
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.
A.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise of property
within the Town of Coxsackie, to store or deposit, or cause or permit
to be stored, deposited, placed or maintained outdoors, any junk,
clutter, litter and debris on any private property within the Town
of Coxsackie, excluding a single junk motor vehicle.
B.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise of property
within the Town of Coxsackie, to use a bus, uninhabited mobile home,
truck, truck trailer, horse trailer, semi-trailer, tank truck, or
similar vehicles or units for the storage of junk on any premises.
Exceptions shall be made for the temporary use of such vehicles or
units for construction purposes for periods of less than 90 days or
when actively used in the connection with active farming or agricultural
operations.
C.
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 Town of Coxsackie, to store or deposit, or cause
or permit to be stored or deposited thereon, any unregistered motor
vehicle unless:
(1)
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 Town of Coxsackie; or
(2)
Such motor vehicle is a camping, house or boat trailer otherwise
stored and used in compliance with the local laws and ordinances of
the Town of Coxsackie.
Section 130-4 shall not apply to the storage or placement on the premises for the following:
A.
Wood intended for consumption in a wood-burning stove, furnace or
fireplace located in a building on the premises.
B.
A single junk motor vehicle.
C.
Lawn or yard or garden ornaments and implements.
D.
Lawn and patio furniture.
E.
Operable farm, garden and yard machinery and apparatus used on the
premises.
F.
Standing fences.
G.
Hoses and sprinklers used for watering lawns or gardens.
H.
Storage or placement and accumulation of materials in connection
with a commercial operation duly conducted on the premises where such
storage, placement and accumulation is expressly permitted by the
laws of the Town of Coxsackie.
I.
Construction materials and equipment used for the construction or
renovation of a building on the premises for which a building permit
has been issued.
A.
If the provisions of the foregoing sections are believed to be violated,
the Code Enforcement 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 may determine ownership of any parcel of land in the Town
of Coxsackie from the current assessment roll of the Town 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 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
Town.
B.
The notice shall be in substantially the following form:
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To the owner, occupant or person having charge of land within
the Town of Coxsackie briefly described as follows:
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(here describe subject property)
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NOTICE IS HEREBY GIVEN that the above-described property in
the Town of Coxsackie is in violation of the Junk Storage Law. This
violation must be removed therefrom within five days from the date
of this notice; provided, however, that if this notice is served on
you by publication, said violation shall be removed within 30 days
from the date of publication of this notice.
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A.
Failure to remove the junk storage within the periods prescribed
above is a violation of this chapter.
B.
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 Town of
Coxsackie in the removal and disposal of a motor vehicle by order
of the Town Court of the Town of Coxsackie shall be subject to the
fines and penalties provided herein.
Violations of this chapter shall be punishable by a maximum
fine of $250 or by imprisonment for not more than 15 days, or both.
