[HISTORY: Adopted by the Board of Trustees of the Village of Bath 5-17-1993 by L.L. No. 3-1993. Amendments noted where applicable.]
Editor's Note: This local law also superseded former Ch. 110, Vehicles, Abandoned, adopted 4-30-1979 by L.L. No. 10-1979.
As used in this chapter, the following terms shall have the meanings indicated:
- A. Any motor vehicle, as defined in the Vehicle and Traffic Law of the State of New York, that is:
- (1) Unlicensed, old, wrecked, stored, discarded, dismantled or partly dismantled and which is not intended or in any condition for legal use upon the public highway.
- (2) Being held or used for the purposes of resale of used parts therefrom or for purpose of reclaiming for use some or all of the materials therein for the purpose of disposing of the same.
- (3) In such condition as to cost more to repair and place in operating condition than its reasonable market value at that time before such repair.
- B. With respect to any motor vehicle not required to be licensed or not usually used on public highways, the fact that such motor vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is an abandoned, junked or inoperative motor vehicle.
- C. The fact that a motor vehicle may be licensed or registered with the State of New York but does not display a current license plate shall be presumptive evidence that such motor vehicle is unlicensed.
- D. The use of the term in the singular herein is intended, where applicable, to include the plural.
- ENFORCEMENT OFFICIAL
- The Chief of Police or any subordinate officer of the Bath Police Department.
- OWNER OF PRIVATE PROPERTY
- Any person, firm, partnership or corporation, whether business or membership or religious, charitable or otherwise, or any purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property or any other unit or entity owning real property in the Village of Bath.
It shall be unlawful for any person within the Village of Bath to store or deposit or cause, suffer or permit to be stored or deposited an abandoned, junked or inoperative motor vehicle or part or piece thereof on any private property within the Village, except within a garage or other enclosed structure.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official to be located within the Village in violation of § 110-2 may be removed from the premises on which located in the following manner:
The enforcement official shall serve written notice by certified mail, return receipt requested, on the owner of the private property on which the vehicle is located, ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of said service. The enforcement official may also place a distinctive sticker on the vehicle identifying it as subject to removal. The enforcement official may determine the ownership of any parcel of land in the Village from the current assessment roll.
In the event said abandoned, junked or inoperative motor vehicle or vehicles are not removed from the premises or located within the time required in the notice, the Village shall have the right to enter upon the premises and to remove and dispose of the abandoned, junked or inoperative motor vehicle or vehicles. The expense of such removal and disposal shall be a lawful charge against the owner of the private property and may be collected, if necessary, in a civil action instituted in the name of the Village.
In addition to any expenses which may be collected pursuant to § 110-3B above, any person committing an offense against this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.