Pursuant to the authority conferred by Article 2 of the Municipal
Home Rule Law of the State of New York, and for each and every purpose
specified therein, the Village Board of the Village of Boonville,
County of Oneida, and State of New York, has ordained and does hereby
enact the following chapter regulating and restricting the use and
disposal of abandoned automobiles within the said Village.
This chapter shall be known and cited as the "Junk Car Disposal
Law of the Village of Boonville, New York."
This chapter is enacted in recognition of the fact that junk
cars abandoned or stored on private property can constitute both a
public and a private nuisance. Such vehicles constitute a potential
danger to children and also are generally unsightly. Their existence
depreciates not only the property on which they are located, but also
the property of other persons in the neighborhood and Village generally.
The continued existence of such abandoned junk automobiles makes the
Village a less safe and less pleasant place in which to live and to
do business. It detracts from a clean, wholesome and attractive environment
and is injurious to the welfare of the Village as a whole. The intent
of this chapter is to establish a legal procedure for the removal
of these junk cars where they are found in the Village outside of
duly licensed establishments.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED MOTOR VEHICLE
The intent of the owner of a motor vehicle not to use it
on the public highways shall establish it as abandoned. The intent
of the owner shall be determined by the physical condition of the
motor vehicle, any statements as to its abandonment, the length of
time since the motor vehicle was last used on the public highways,
whether the motor vehicle is currently licensed and other relevant
facts. With respect to a motor vehicle not required to be licensed
or a motor vehicle not usually used on public highways, the intent
of the owner shall be determined by the physical condition of the
motor vehicle, the length of time since it was last used for the purpose
intended, any statements as to its abandonment and other relevant
facts.
DISCARDED MOTOR VEHICLE
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of, or any motor vehicle the owner of which cannot be found after
due and reasonable inquiry.
ENFORCEMENT OFFICER
The Code Enforcement Officer of the Village, unless the Village
Board by resolution designates some other Village officer as Enforcement
Officer, or by resolution establishes the position of Enforcement
Officer for the Village and appoints some qualified person thereto
at a salary specified in such resolution.
JUNK MOTOR VEHICLE
Any motor vehicle, whether automobile, bus, truck, trailer,
tractor, mobile home, or any other vehicle originally intended for
travel on public highways, which is abandoned, stored, left, discarded
or located by its owner or any other person, or is permitted or condoned
to be abandoned, stored, left or located by its owner, or any other
person, on private premises in the Village of Boonville, and outside
any establishment duly licensed by the Village, and which junk car
is unregistered by the State of New York or any other state and is
not operable. The use of the term in the singular herein is intended,
where applicable, to include the plural.
OWNER OF MOTOR VEHICLE
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.
OWNER OF PRIVATE PROPERTY
A person, firm or corporation being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property located within the Village of Boonville.
PERSON
Any individual person or persons, firm, partnership, corporation,
association or other entity owning real property in the Village of
Boonville.
PREMISES or PROPERTY
Includes all parcels of real property privately owned, situated
in the Village of Boonville.
UNLICENSED MOTOR VEHICLE
Any motor vehicle which may be licensed or registered with
the State of New York and is not currently licensed or registered.
The fact that a motor vehicle which may be licensed or registered
with the State of New York does not display a current license plate,
or displays an expired license plate, shall be presumptive evidence
of the fact that such motor vehicle is not currently licensed or registered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant, or otherwise, of property
within the Village of Boonville, to store or deposit, or cause or
permit to be stored or deposited, more than one abandoned, junked
or discarded motor vehicle, or part or piece thereof, on any private
property within the Village of Boonville, unless:
(1) Such motor vehicle is stored or deposited on a premises legally used,
operated and located for a junkyard; or
(2) Such motor vehicle is stored or deposited in a completely enclosed
building.
B. It shall also be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant, or otherwise, of any private
property within the Village of Boonville, to store, deposit, or cause
or permit to be stored or deposited thereon, more than one unlicensed
motor vehicle, unless such motor vehicle is the inventory of a new
or used motor vehicle dealer located in compliance with the ordinances
and local laws of the Village of Boonville.