[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 1-19-1970 by L.L. No. 1-1970; amended in its entirety 12-20-1993 by L.L. No.
7-1993 (Ch. 69 of the 1971 Code). Subsequent amendments
noted where applicable.]
This chapter is enacted in recognition of the fact that vehicles
not in use, which are stored on public or private property, can constitute
both a public and/or private nuisance. Some may be a source of potential
injury to children and others who may find them an attractive nuisance.
These vehicles may constitute a blight on the Village's landscape;
they destroy the aesthetic qualities of the Village, and they may
be, generally, otherwise unsightly. The existence of these vehicles
tends to depreciate not only the property on which they are located
but also the property of other persons in the neighborhood and the
Village generally. These vehicles render the Village a less safe and
less pleasant place in which to live and do business, and these vehicles
hurt the welfare of the Village as a whole. The intent of this chapter
is to establish a legal procedure for the removal of nuisance vehicles
where they are found in the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle which does not have the appropriate and valid
motor vehicle safety inspection certificate issued by the New York
State Department of Motor Vehicles.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
Any motor vehicle that is either unregistered, inoperable
and/or unusable.
Any individual, firm, partnership, business or corporation.
Unregistered vehicles not fit for highway use, utilized for
property maintenance, i.e., riding lawn mowers, tractors, trailers,
etc.[1]
Any vehicle whose usage is constrained to certain seasons
of the year, i.e., recreational vehicles, camper trailers, boats and
boat trailers, snowmobiles and their trailers, jet-skis and their
trailers, etc., and is maintained in a manner fit for highway or waterway
use. A current New York State vehicle registration and inspection
certificate gives rise to the presumption of fitness for highway or
waterway use. This term shall not include motorcycles fit for highway
use.
[Added 1-17-2013 by L.L. No. 1-2013]
Any motor vehicle that does not have in effect an appropriate
and valid registration of any state or other entity granting registrations
recognized by the State of New York. Failure to bear appropriate license
plate and registration sticker or other lawful proof of registration
shall give rise to the presumption that the vehicle is "unregistered"
(excluding property maintenance vehicles).
[1]
Editor's Note: The former definition of "seasonal vehicles,"
which immediately followed this definition, was repealed 1-17-2013
by L.L. No. 1-2013.
A.
No person shall store or permit to be stored or deposited in the
Village of Baldwinsville a nuisance vehicle, out of doors, on public
or private property. Any New York State duly registered garages, service
stations, sales or leasing and repair facilities of motor vehicles
may store out of doors nuisance motor vehicles for a period not exceeding
60 days. At no time may the number of nuisance vehicles stored out
of doors at any New York State duly registered garages, service stations,
sales or leasing and repair facilities exceed 20. The owner of the
vehicle, if known, or nonowner occupant or tenant and/or assessed
owner, according the tax roles of the Village of Baldwinsville, of
the real property upon which the nuisance motor vehicle is located
shall be presumed to be in violation of this chapter and assessed
accordingly.
B.
Recreation-oriented and property maintenance vehicles.
[Amended 1-17-2013 by L.L. No. 1-2013]
(1)
Recreation-oriented vehicles shall not be parked or stored outdoors
in the front yard or in front of the house in any residential district,
except in the established driveway, as follows:
(a)
In no case shall any recreation-oriented vehicles or trailers
of any description be parked on any portion of a street right-of-way
between the sidewalk, if any, and the paved portion of the street,
or across any sidewalk.
(b)
At no time shall such recreation-oriented vehicles be parked
or stored on Village property or any Village right-of-way.
(c)
Summer use recreation-oriented vehicles may be parked or stored
consistent with usage listed above during the period from April 15
to November 15.
(d)
Winter use recreation-oriented vehicles may be parked or stored
consistent with usage listed above during the period from November
15 to April 15.
(e)
The Code Enforcement Officer can issue a waiver of up to 30
days in one year to allow for additional time for preparation of seasonal
vehicles up to two weeks prior to season start and/or two weeks after
season end. Any further exceptions to this code shall be petitioned
of the Village Board of Trustees.
(f)
A single, occupied camper trailer or recreational vehicle may
be parked on the premises of a dwelling, as stated above, for a period
not to exceed 30 days in any one year, provided that the occupants
of said trailer are guests of the property owner and that no charge
is made for this location and for any facilities offered.
(g)
Vehicles and trailers without current registration and/or inspection
shall be defined as nuisance vehicles and are therefore illegal under
this chapter; unless stored indoors.
(2)
Property maintenance vehicle(s) shall not be located or stored in
front of any house in any residential district except for the sale
of such vehicle(s) which duration shall not exceed 30 days.
C.
Vehicles for sale. A vehicle may be offered for sale on private property
for a period not to exceed 30 days, except for any vehicle stored
by a New York State registered motor vehicle dealership. A written
extension of the above time limit may be granted by the Code Enforcement
Officer upon written request. No extension may exceed 30 additional
days.
D.
Vehicle-not-in-use waiver. Notwithstanding the foregoing provisions,
the owner of any vehicle temporarily not in use, which would otherwise
constitute a nuisance vehicle, may apply to the Code Enforcement Officer
for a temporary exemption from the provisions of this chapter. This
waiver shall not exceed 12 months.
E.
Restored or historical vehicles. Notwithstanding, the foregoing provision,
the owner of any vehicle which is or has been restored or is a historical
vehicle, which would otherwise constitute a nuisance vehicle, may
apply to the Code Enforcement Officer for an exemption from the provision
of this chapter.
In the event of a violation of this chapter, the Code Enforcement
Officer of the Village of Baldwinsville may serve a written notice,
either personally or by ordinary mail, upon the owner of said vehicles,
if known, and/or, if known, the assessed owner and/or the nonowner
occupant of the real property upon which a nuisance vehicle is located.
Said notice shall contain an explanation of the violation and identification
of the vehicle that is alleged to be in violation of this chapter
and direct that said vehicle shall be removed within five business
days from the date of said notice. Said notice shall also state that
in the event that said vehicle is not removed within the period prescribed,
said owner of the vehicle, if known, and/or assessed owner and/or
occupant of the real property upon which the nuisance vehicle is located
shall be subject to the penalties of this chapter as hereinafter described,
including assessment of the cost of removal and disposal of said vehicle,
seizure of the vehicle and/or a fine.
A.
In the event of a violation of this chapter, a person shall be subject
to the penalties of this chapter as hereinafter described, including
assessment of the cost of removal and disposal of said vehicle and/or
a fine. Nuisance vehicles in violation of this chapter may be seized,
removed and disposed of by the Village.
B.
All costs of removal and storage shall be assessed against the owner
of said vehicle, if known, and/or the assessed owner and/or the occupant
of the real property upon which the abandoned vehicle is located.
In addition, the owner of said vehicle, if known, or the assessed
owner and/or the occupant of the property upon which a nuisance vehicle
in violation of this chapter is located shall be subject to a maximum
fine of $25 per day for each day in violation of the chapter herein.
