Town of Onondaga, NY
Onondaga County
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[HISTORY: Adopted by the Town Board of the Town of Onondaga as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise from vehicles — See Ch. 163.
Vehicles in parks — See Ch. 186.
Vehicles and traffic — See Ch. 270.
[Adopted 9-20-1993 by L.L. No. 4-1993]
The Town Board hereby determines that the outside parking, display, storage or repair of an unlimited number of unregistered, unlicensed or inoperable motor vehicles or automobile dealership-owned and similar motor vehicles on properties and highways in the Town of Onondaga, other than properties upon which properly authorized motor vehicle sales or repair businesses are conducted, is unsightly, depreciates the value of neighboring properties, facilitates the use of such properties for business, commercial or other purposes not authorized by the Zoning Ordinance of the Town and is otherwise to the detriment of the public health, safety and welfare of the residents of the Town of Onondaga. This article is not intended to regulate junkyards or automobile junkyards as provided in the Zoning Ordinance of the Town of Onondaga and § 136 of the General Municipal Law of the State of New York.
As used in this article, the following terms shall have the following meanings:
DEALER-OWNED/DEALER-PLATED OR TRANSPORTER-PLATED MOTOR VEHICLE
Any motor vehicle bearing, displaying or having been issued dealer plates, number plates or transporter plates for the purpose of retail or wholesale dealing of motor vehicles as codified in Article 16 of the New York State Vehicle and Traffic Law.
HIGHWAY
All the land in the Town located within the boundaries of any property, any part of which is publicly maintained and opened to the use of the public, for purposes of vehicular travel.
LIMITED REGISTRATION MOTOR VEHICLE
Any motor vehicle bearing, displaying or having been issued limited purpose registration plates pursuant to § 401, Subdivision 13, of the New York State Vehicle and Traffic Law.
LOT
A parcel of land located in the Town. A lot may or may not be the land shown as a lot on a duly recorded plat.
MOTOR VEHICLE
All vehicles propelled or drawn by power originally intended for use on public highways.
OUTSIDE
That area of real property not included within a building or structure which is fully enclosed with walls and a door.
OWNER
The owner of a lot as stated in the latest assessment roll of the Town.
PARK or PARKING
The standing or stopping of a motor vehicle, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers and shall include the storage, display or repair of motor vehicles.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind.
TOWN
The Town of Onondaga.
UNREGISTERED OR UNLICENSED MOTOR VEHICLE
Any motor vehicle which has not been registered or licensed with the proper authorities for a period of at least 15 days from the expiration of the last valid licensing or registration.
ZONING ORDINANCE
Chapter 285, Zoning, of the Code of the Town of Onondaga, including any amendments thereto, as is in effect on the date or dates of any alleged violation of this article.
A. 
Except as provided in Subsection B of this section, it shall be a violation of this article for any owner or person to park or cause to be parked an unregistered or unlicensed or dealer-owned/dealer-plated or transporter-plated or limited registration motor vehicle on any highway or outside on any lot.
B. 
Exceptions.
(1) 
The parking of one unregistered or unlicensed motor vehicle outside on any lot is permitted, provided that in any calendar year the total number of days that such motor vehicle or combination of such motor vehicles are so parked does not exceed 10 in the aggregate.
(2) 
The parking of not more than two dealer-owned/dealer-plated or transporter-plated motor vehicles outside on any lot is permitted.
(3) 
The parking of not more than two dealer-owned/dealer-plated or transporter-plated motor vehicles on any highway abutting a lot is permitted, provided that such parking is not prohibited by any other law, ordinance, rule or regulation and that the total number of such motor vehicles parked on a lot and the highway fronting and abutting such lot at any given time does not exceed two in number.
A. 
Limited registration motor vehicles registered for use on and used in connection with an operating farm, as such term is defined in the Zoning Ordinance of the Town, shall be exempt from the provisions of this article.
B. 
This article shall not apply to the parking of motor vehicles on lots upon which motor vehicle sales, display or repair businesses are lawfully operated pursuant to the Zoning Ordinance, or on highways abutting such lots, provided that parking on such highways is not prohibited by any other law, ordinance, rule or regulation.
C. 
This article shall not apply to the parking of motor vehicles on lots upon which commercial or business enterprises are lawfully operated pursuant to the Zoning Ordinance under the following circumstances:
(1) 
Motor vehicles owned by and in actual use as part of the operation of such enterprise and operated exclusively on lots owned or leased by such enterprise and not operated on highways.
(2) 
Motor vehicles having a gross vehicle weight of more than 18,000 pounds, owned by and used as part of the operation of such enterprise, and which are unregistered or unlicensed for a seasonal or other temporary period.
The Codes Enforcement Officer of the Town of Onondaga is hereby authorized to enforce the provisions of this article.
A. 
The Codes Enforcement Officer may, but is not required to, serve upon the owner of the real property on which a motor vehicle is situated in violation of this article or upon a person whom the Codes Enforcement Officer reasonably believes to have violated this article a written notice of such violation.
B. 
The notice of violation shall be served in the following manner:
(1) 
By personal service, as said personal service is defined by the Civil Practice Laws and Rules of the State of New York; or
(2) 
By certified or registered mail, return receipt requested.
C. 
The notice of violation shall state that the violation shall be remedied within 10 calendar days of the service of said notice and that the failure to remedy such violation shall be deemed to subject said owner or said person to the penalties prescribed by this article.
A violation of this article is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation.
L.L. No. 3-1967 of the Town of Onondaga, adopted by the Town Board on October 18, 1967, and all amendments thereto, is hereby repealed.[1]
[1]
Editor's Note: L.L. No. 3-1967 was previously codified as Ch. 4, Automobile Junkyards.