This chapter shall be known and may be cited as the "Outdoor
Storage of Motor Vehicles Law of the Town of Milo."
The outdoor storage of unlicensed/unregistered and junked motor
vehicles on privately owned property or within a public right-of-way
within the Town of Milo is detrimental to the health, safety and general
welfare of the community. The same also constitutes an attractive
nuisance to children and in may ways imperils their safety. Such storage
also endangers the person and property of members of the community,
since fuel tanks still containing gasoline or gasoline fumes may easily
explode. Such storage is unsightly and depreciates all property values.
The control of the outdoor storage of unlicensed/unregistered and
junked motor vehicles on privately owned properties (and within a
public right-of-way within the Town of Milo) is, therefore, regulated
for the preservation of the health, safety and general welfare of
the community.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
JUNKED VEHICLE
Any motor vehicle that is wrecked, discarded, abandoned,
dismantled or partially dismantled, which is no longer intended to
be used or is in such a condition that said motor vehicle cannot be
legally used, upon a public highway, without substantial repair.
JUNKYARD
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials or two or more disabled motor vehicles
or other type of junk.
MOTOR VEHICLE
Every vehicle originally designed and 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 chapter, the term "motor vehicle" shall include, but is not
limited to, automobiles, trucks, buses, motorcycles, and recreation
vehicles.
OWNER OF A MOTOR VEHICLE
A person, firm or corporation having an interest in or title
to a motor vehicle, 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 Town of Milo.
PRIVATE PREMISES OR PRIVATE PROPERTY
Includes all parcels of real property not owned by any unit
of government situated in the Town of Milo, whether occupied or vacant,
regardless of size, topography or location.
PUBLIC RIGHT-OF-WAY
A strip of land owned by the state, county or Town which
is occupied or intended to be occupied by a road, sidewalk and/or
utility lines, such as electric, gas, oil, water, sanitary sewer or
storm sewer.
UNLICENSED/UNREGISTERED MOTOR VEHICLE
Any motor vehicle that is without a current registration
of the State of New York or any other state and properly issued and
attached license plates of the State of New York or any other state.
Notwithstanding any other provision of this chapter, the Town of Milo may serve such notice and do such other and further things as are set forth in §§
323-5 and
323-6 of this chapter and may at the same time or at any other time, without prior notice, proceed under §
323-7 of this chapter.
This chapter shall be interpreted in such a way wherever possible
so that the meaning of the words and phrases and sections herein shall
make them valid and legal in their effect. Whenever the requirements
of this chapter are at variance with the requirements of other lawfully
adopted rules, regulations or laws, the law with the most restrictive
provisions or those imposing the higher standards shall govern.