[HISTORY: Adopted by the Common Council of the City of Fulton 4-20-2004 by L.L. No. 1-2004 (Ch. 162 of the 1991 Code). Amendments noted where applicable.]
The outdoor storage of abandoned, junked, and discarded motor vehicles upon public and private property within the City of Fulton, except in a permitted and orderly manner, constitutes a blight upon the City of Fulton and presents a peril to the safety in that they are replete with dangerous materials, including broken glass, sharp and torn metals, gasoline and other hazardous materials, are an attractive nuisance to children, and tend to depreciate not only the property on which they reside, but also other properties in the neighborhood and within the City of Fulton generally. The Common Council hereby finds that the outdoor storage of such vehicles is detrimental to the general welfare of the City of Fulton, its residents and the community at large and thus constitutes a nuisance requiring regulation by the City.
As used in this chapter, the following terms shall have the meanings indicated:
- Any motor vehicle which:
- Any motor vehicle which, under the totality of the circumstances, appears to have been disposed of as useless, no longer of service or rejected by the true owner. Criteria used in making such a determination may include, but are not limited to, the circumstances under which a vehicle is situate upon the property in question, the concealment of valid identification of the vehicle such as the removal, obliteration, alteration or removal of the vehicle identification number, whether useful and valuable parts of the vehicle have been removed, and whether the remaining parts of the vehicle are of significant value.
- JUNKED MOTOR VEHICLE
- Any motor vehicle, or used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicle, which is:
- A. Unregistered for a period of 10 or more consecutive days;
- B. Uninsured for a period of 10 or more consecutive days;
- C. No longer intended or in condition for legal use on the public highways;
- D. The cost to repair the vehicle in order to enable said vehicle to pass the New York State inspection laws for motor vehicles exceeds the fair market value of said vehicle; or
- E. Abandoned or discarded.
- MOTOR VEHICLE
- Every vehicle which may be operated or driven upon a public highway which is propelled by any power other than muscular power, including but not limited to an automobile, bus, trailer, tractor, motor home, motorcycle, and minibicycle. This term shall also include an all-terrain vehicle and snowmobile.
- OWNER OF MOTOR VEHICLE
- A person, other than a lienholder, having possession of or title to a motor vehicle. The term includes a person entitled to the use and possession of a motor vehicle subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle, having the exclusive use thereof, under a lease or otherwise, for a period of greater than 30 days.
- An individual, partnership, association, corporation, or entity of any other kind.
- PRIVATE PROPERTY
- Any real property situate in the City of Fulton which is not public property as defined herein.
- PUBLIC PROPERTY
- Any real property in which the City of Fulton, County of Oswego, State of New York or United States of America has any form of legal interest therein, including, but not limited to, fee simple ownership, recorded easements, unrecorded easements, easements by prescription, licenses or any interest acquired by adverse possession.
- A vehicle not insured in accordance with Article 6 of the New York State Vehicle and Traffic Law.
- A vehicle not registered in accordance with Article 14 of the New York State Vehicle and Traffic Law, or a vehicle registration which, though proper and current, has been suspended or revoked by the New York State Department of Motor Vehicles.
The fact that a motor vehicle does not display a current motor vehicle registration or license plate shall be presumptive evidence that such motor vehicle is not in condition for legal use upon the highways.
With respect to any motor vehicle not required to be licensed or a motor vehicle not usually used on public highways, the fact that such motor vehicle is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a junked motor vehicle unless refuted by verifiable and credible proof to the satisfaction of the Zoning Inspector.
[Amended 11-15-2016 by L.L. No. 7-2016]
In any district, the following regulations shall apply:
Any vehicle having a maximum gross weight of more than 18,000 pounds, motor vehicles used for drag or stock car racing, and an abandoned or junked vehicle must be parked in a completely enclosed structure, such as a garage or barn.
This chapter shall not apply to any motor vehicle repair shop which is licensed by the State of New York or to any new or used automobile or trailer sales or rental agency.
This chapter shall not apply to any motor vehicles which are permanently stored in a completely enclosed structure.
This chapter shall not apply to any motor vehicles which are completely covered by a nontransparent covering specifically manufactured for covering motor vehicles, provided that such covered motor vehicle is situate in the rear yard of the property, as the term "rear yard" is defined by Chapter 640, Zoning, of the Code of the City of Fulton.
The office of the Zoning Inspector may grant a special permit where the strict application of the provisions of this chapter would result in practical difficulty or unnecessary hardship, provided that the legislative intent of this chapter, as set forth in § 601-1 hereof, is not impaired and so long as the protection of the safety and welfare of the community is not impaired. A special permit issued under this section shall be valid for a period not to exceed six consecutive calendar months except for special permits issued pursuant to Subsection B of this section.
Notwithstanding the provisions of Subsection A of this section, the office of the Zoning Inspector may grant a temporary permit for residents in the process of selling a car. Said permit is intended to provide residents a reasonable opportunity to display and offer for sale a motor vehicle in a location other than within the public right-of-way, unless specially endorsed and permitted by the Zoning Inspector. Such temporary permit is valid for a period not to exceed 30 days, except that a permit may be obtained for the same vehicle for an additional 30 days upon application by the owner or agent of the owner. Applications for such permits may be made upon forms specified by the Zoning Inspector. Permits may be issued in the discretion of the Zoning Inspector, giving due consideration to the number of vehicles at the subject location, the number of permits currently and previously issued and the impact of the display of such vehicle(s) at the subject location.
The Zoning Inspector of the City of Fulton is hereby declared to be the enforcement officer of this chapter.
The enforcement officer may serve upon the last known registered owner of the abandoned, discarded or junked motor vehicle, and/or the assessed owner of the real property upon which said motor vehicle is situated, a written notice of violation of this chapter.
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 the last known registered owner of the junked, abandoned or discarded motor vehicle and/or the assessed owner of the real property upon which the motor vehicle is situate to the penalties prescribed by this chapter.
Any person who shall refuse or fail to comply with the demand contained in the notice of violation and who shall refuse and neglect to remove the abandoned, discarded or junked motor vehicle as directed by this chapter, or who shall otherwise violate the provisions of such chapter, or who shall resist or obstruct the agents of the City from removing said vehicle, shall be deemed guilty of a violation and subject to a fine:
For a first offense, not less than $50 and not to exceed $100 and/or imprisonment not to exceed 15 days per day for each day that said violation of this chapter continues.
For a second offense, not less than $100 and not to exceed $250 and/or imprisonment not to exceed 15 days per day for each day that said violation of this chapter continues.
For a third or subsequent offense, not less than $250 and not to exceed $500 and/or imprisonment not to exceed 15 days per day for each day that said violation of this chapter continues.
In any case where an abandoned, junked or discarded motor vehicle remains on public property for a period of 10 or more calendar days after the service of notice as prescribed in § 601-8 herein, the City of Fulton, its officers, agents or employees shall be vested, upon resolution of the Common Council, with the authority to remove said abandoned, junked or discarded vehicle. The person upon whom the notice of violation is served shall be jointly and severally liable for the costs incurred by the City of Fulton for the removal and towing of said abandoned, discarded or junked motor vehicle, plus the sum of 25% for administrative fees.
In any case where an abandoned, junked or discarded motor vehicle remains on private property for a period of 10 or more calendar days after the service of notice as prescribed in § 601-8 herein, the City of Fulton, its officers, agents or employees shall be vested, upon court order, with the authority to remove said abandoned, junked or discarded vehicle. The person upon whom the notice of violation is served shall be jointly and severally liable for the costs incurred by the City of Fulton for the removal and towing of said abandoned, discarded or junked motor vehicle, plus the sum of 25% for administrative fees.
No officer, agent or employee of the City of Fulton shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this chapter.
[Amended 12-1-2009 by L.L. No. 6-2009]
Subject to and in conformity with the provisions set forth herein, the Zoning Officer may enact, amend and repeal rules and regulations in order to properly carry out the provisions of this chapter. Any such rules and regulations shall be recorded and filed with the office of the Zoning Officer and the Clerk/Chamberlain.