This chapter shall be known as the "Junk Vehicle
Law of the Town of Binghamton."
This chapter is enacted in recognition of the
fact that a clean, wholesome, attractive environment is declared to
be of importance to the health and safety of the inhabitants and the
safeguarding of their material rights against unwarranted invasion,
and, in addition, such an environment is deemed essential to the maintenance
and continued development of the economy of the Town and the general
welfare of its citizens. The unrestrained accumulation of motor vehicles
not in operating condition is a hazard to such health, safety and
welfare of citizens of the Town, necessitating the regulation, restraint
and elimination thereof. This chapter is enacted in recognition of
the fact that even a single junk vehicle abandoned or stored on private
or public property:
A. Can constitute both a public and private nuisance.
B. Is a source of potential hurt to children and others
who find them an attractive nuisance.
C. Is replete with broken glass, sharp, torn metal edges
and points, gasoline remaining in tanks of a highly explosive and
combustible nature and hurtful acids in batteries, to mention but
a few of the more obvious sources of potential physical hurt found
in junk vehicles.
D. Constitutes a blight on the Town of Binghamton landscape.
E. Destroys the aesthetic qualities of the Town of Binghamton
and is generally unsightly.
F. Tends to depreciate not only the property on which
it is located, but also the property of other persons in the neighborhood
and the Town of Binghamton generally.
G. Makes the Town a less safe and less pleasant place
in which to live and to do business.
H. Damages the welfare of the Town of Binghamton as a
whole.
I. Tends to result in uncontrolled grass and the collection
of debris.
J. Tends to be a breeding ground for insects, rodents
and similar harmful creatures.
The owner of a junk vehicle, or the person with
care, custody or control of a junk vehicle or the owner or tenant
of any property on which a junk vehicle is located, shall not permit
or allow open storage of one or more junk vehicles on private or public
property within the Town of Binghamton except as provided in this
chapter.
If, within the time period provided for removal
following service of a determination that a vehicle is a junk vehicle,
including any extension of time resulting from any appeal or stay
of execution, the open storage of the junk vehicle within the Town
of Binghamton is not terminated, such junk vehicles shall be automatically
deemed a public nuisance, and the Town or representatives of the Town
shall have the right to enter and remove such vehicle from any premises
within the Town where such vehicle may be found and to dispose of
such vehicle. Neither the Town nor any person acting on behalf of
the Town shall be liable to any person for the disposal or destruction
of such junk vehicles. Said right of entry shall not be limited in
any way by the existence or lack of existence of a request, authorization,
license or other consent or approval of entry, inspection or removal.
[Amended 4-15-2003 by L.L. No. 1-2003; 4-21-2009 by L.L. No. 2-2009]
A. A violation of this chapter shall be punishable by a fine up to $1,000
per violation or imprisonment of up to one year, or both. A violation
of this chapter shall also subject the violator to a civil penalty
of the greater of $250 per separate violation, or the Town's
costs of inspection, service of notices, removal, towing and permanently
disposing of such vehicles, less any criminal monetary fine which
may have been imposed. Each junk vehicle stored in violation of this
chapter shall constitute a separate violation. Each week that such
separate violation shall continue or be carried on shall constitute
an additional separate violation.
B. In the event that a defendant fails to mail a not guilty plea and/or
fails to appear to enter a plea of not guilty to a complaint pursuant
to this section, the Court is authorized to enter a plea of not guilty
on behalf of the defendant and to set down a trial date. Upon setting
a trial date, the Court shall issue a written notice of not less than
10 calendar days to the defendant of the scheduled trial date. In
the event that the defendant fails to appear at the scheduled trial
date and the Court satisfies itself that proof exists that a notice
of the trial was duly issued, the Court may proceed with the trial
in absence of the defendant. Upon a conviction, at the Court's
discretion, any fine may be ordered to be converted to a civil judgment
for filing or the fine may be ordered to be applied to the defendant's
real property tax bill, or both. Upon conviction, a violation of this
article shall be deemed an offense pursuant to the Penal Law and shall
be subject to a fine of not more than $250 per violation, except that
where a person was found to have previously violated this article
within the preceding two years, the penalty may be not more than $500
per violation, and where a person was found to have committed two
or more such violations within the preceding three years, the penalty
may be not more than $1,000 per violation. Fines may be paid pursuant
to a plea of guilty by mail and shall be $100 per violation, except
where a person was found to have previously violated this article
within the preceding two years, the fine shall be $250 per violation,
and where a person was found to have committed two or more such violations
within the preceding three years, the fine shall be $1,000 per violation.
At the discretion of the Court, security of $100 shall be posted upon
a plea of not guilty made by mail.
The Town Code Enforcement Officer or other Code
Enforcement Officer as the Town Board shall designate may make reasonable
rulings and may issue reasonable regulations in furtherance of and
consistent with this chapter.