[Adopted 8-7-1984 by L.L. No. 1-1984 (Ch. 100 of the 1976
Code)]
[Amended 7-20-1999 by L.L. No. 8-1999]
The Town Board of the Town of Riverhead, recognizing that the
uncontrolled placing or keeping of junked, abandoned, unregistered
or discarded motor vehicles constitutes an unsanitary, unsafe, unsightly
and dangerous condition, and recognizing that, in order to protect
and promote the public safety, health and general welfare of the people
of the Town of Riverhead, it is necessary to provide for the removal
of such junked and/or unregistered vehicles, hereby declares such
junked vehicles to be a public nuisance.
A.
JUNKED VEHICLE
MOTOR VEHICLE
OWNER OF MOTOR VEHICLE
OWNER OF PRIVATE PROPERTY
PREMISES or PROPERTY
UNREGISTERED MOTOR VEHICLE
Terms defined. As used in this Part 3, the following terms shall
have the meanings indicated:
Any motor vehicle, including a trailer (motorized or not),
which is without a currently valid license plate or plates and/or
is in such a rusted, wrecked, discarded, dismantled, partly dismantled,
inoperative or abandoned condition so as to be no longer intended
or in condition for legal use on the public highways.
[Amended 7-20-1999 by L.L. No. 8-1999]
Every vehicle originally designed or intended to be operated,
drawn or driven, or capable of being operated, drawn or driven, upon
a public highway by any power other than muscular power. For the purposes
of this Part 3, the term "motor vehicle" shall include, but shall
not be limited to, automobiles, trucks, buses, motorcycles and trailers.
A person, firm or corporation having the property in or title
to a motor vehicle, including a person entitled to the use and possession
of a vehicle subject to a security interest in another person and
also including any lessee or bailee of a motor vehicle having the
use thereof under lease or otherwise.
A person, firm or corporation who is the owner, contract
purchaser, tenant, lessee, occupant, undertenant, receiver or assignee
of private premises or private property located within the Town of
Riverhead.
Includes all parcels of real property which are situated
in the Town of Riverhead, whether occupied or vacant.
A motor vehicle as defined in this section which is not registered
with the New York State Department of Motor Vehicles or registered
in another state or country.
[Added 7-20-1999 by L.L. No. 8-1999]
B.
The enforcement officer shall make the determination as to whether
any particular vehicle shall be classified as a junk or unregistered
vehicle and shall consider the following in making this determination:
the physical condition of the vehicle, any statements as to its abandonment
by the person in legal control thereof, the length of time it was
last used on the public highways, whether the vehicle is currently
licensed, whether or not the owner thereof intends to recover the
vehicle or whether or not the owner can be found after due and reasonable
inquiry and any other relevant facts.
[Amended 7-20-1999 by L.L. No. 8-1999]
[Amended 7-20-1999 by L.L. No. 8-1999]
A.
It shall be unlawful for any person, firm or corporation to store
or place or cause or permit to be stored or placed a junked and/or
unregistered motor vehicle or part or piece thereof on any property
within the Town of Riverhead, unless:
(1)
Such motor vehicle or part or piece thereof is stored or placed on
a premises legally used, operated and located for a junkyard;
(2)
Such motor vehicle or part or piece thereof is stored or placed in
a completely enclosed building;
(3)
Such motor vehicle or part or piece thereof is the inventory or part
of the inventory of a new or used motor vehicle dealer located in
compliance with the ordinances and laws of the Town of Riverhead;
(4)
Such motor vehicle or part or piece thereof has been converted to
and is actually used as a permanent building or structure for carrying
on purposes in such manner and circumstances as authorized by the
ordinances and laws of the Town of Riverhead; or
(5)
Such motor vehicle or part or piece thereof is a camping house or
boat trailer otherwise stored and used in compliance with the ordinances
and laws of the Town of Riverhead.
B.
One unregistered motor vehicle shall be permitted on any property
located within the Town of Riverhead only if said motor vehicle is
screened from the view of the general public, adjacent properties
and abutting streets.
[Amended 7-20-1999 by L.L. No. 8-1999]
A.
Whenever the enforcement officer shall determine that a vehicle at
any location within the Town of Riverhead shall be classified as a
junked and/or unregistered vehicle, he shall serve an appearance ticket,
as hereinafter provided, upon the owner, occupant or person having
charge of such private property and upon the owner of or responsible
agent for said junked and/or unregistered vehicle to comply with the
requirements of this Part 3.
B.
It shall be sufficient service of the appearance ticket if it is
served personally upon the owner or person having charge of said junked
and/or unregistered vehicle or upon the owner, occupant or person
having charge of such private property on which the junked and/or
unregistered vehicle is located. It shall also be deemed sufficient
service of the appearance ticket if it is posted in a conspicuous
manner upon the premises and upon the vehicle affected and a copy
thereof mailed by certified or registered mail, return receipt requested,
on the same day as such posting to the last known address of the owner
of the junked and/or unregistered vehicle and of the owner of the
real property on which said junked and/or unregistered vehicle is
located as the same shall appear in the current assessment rolls.
[Amended 4-2-1991; 7-20-1999 by L.L. No. 8-1999]
In the event that an owner, occupant or person having charge
of private property or other person responsible for such junked and/or
unregistered vehicle is found guilty of a violation of this Part 3,
such person shall be given a reasonable period of time to either remove
the vehicle or bring it into compliance with this Part 3. If such
vehicle is not either removed or brought into compliance with this
Part 3 within a reasonable time, the Town Justice of the Town of Riverhead
may issue an order directing the removal of said motor vehicle by
the Riverhead Town Police.
A.
If the Town of Riverhead proceeds with the removal of a junked and/or
unregistered vehicle, the Town may let contracts therefor. The cost
of such removal may be met from appropriations made therefor. The
enforcement officer shall keep a record of such notices, together
with the procedures involved and the items of cost incurred for their
execution. An impoundment form shall be used by police for each removal.
[Amended 7-20-1999 by L.L. No. 8-1999]
B.
The person having charge of the private property on which said junked
and/or unregistered vehicle is located and the owner of such junked
and/or unregistered vehicle shall be required to reimburse the Town
for all costs and expenses incurred by the Town in connection with
the proceeding to remove junked and/or unregistered vehicles pursuant
to this Part 3, including a reasonable storage charge for every day
after such removal and also including a reasonable charge for administration
and handling expenses. Said costs and expenses shall also be assessed
against the land on which said junked and/or unregistered vehicle
was located and from which it was removed and shall be and become
a lien on said land as of the date of such assessment if reimbursement
is not forthcoming from the above-described responsible persons.
[Amended 7-20-1999 by L.L. No. 8-1999]
C.
Notwithstanding the foregoing and in addition to any other remedy,
the Town of Riverhead may maintain an action against the owner of
said junked and/or unregistered vehicle and/or against the owner of
the property on which the junked and/or unregistered vehicle is located
to recover the cost of the removal of such junked and/or unregistered
vehicle, including a reasonable storage charge for every day after
such removal and also including a reasonable charge for administration
and handling expenses.
[Amended 7-20-1999 by L.L. No. 8-1999]
A.
A violation of this Part 3 or any provision or part thereof by any
person, firm or corporation is hereby declared to be an offense, punishable
by a fine not to exceed $250 or by imprisonment for a term not to
exceed 15 days, or both.
B.
Any person, firm or corporation who shall resist or obstruct the
duly authorized agents, servants, officers and employees of the Town
of Riverhead in the removal and destruction of a motor vehicle shall
be subject to the fines and penalties provided herein.
C.
Each week's continued violation of this Part 3 shall constitute a
separate and additional offense.
[Amended 4-2-1991]
The provisions of this Part 3 shall be enforced by the Police
Department and/or the Ordinance Inspector of the Town of Riverhead.
