[HISTORY: Adopted by the Town Board of the Town of Onondaga
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
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.
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.
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.
All vehicles propelled or drawn by power originally intended
for use on public highways.
That area of real property not included within a building
or structure which is fully enclosed with walls and a door.
The owner of a lot as stated in the latest assessment roll
of the Town.
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.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
The Town of Onondaga.
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.
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.Â
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.Â
Exceptions.
(1)Â
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)Â
The parking of not more than two dealer-owned/dealer-plated or transporter-plated
motor vehicles outside on any lot is permitted.
(3)Â
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.Â
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.Â
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.Â
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)Â
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)Â
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.Â
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.
C.Â
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.
