[HISTORY: Adopted by the Town Board of the Town of Alden 5-20-1996 by L.L. No. 1-1996 (Ch. 18E of the 1981 Code). Amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded or unlicensed
vehicles upon private property within the Town of Alden is hereby
declared to be detrimental to the health, safety and general welfare
of the community, aesthetically unattractive and detracting from the
enjoyment of the environment by said residents, tending to depreciate
neighborhood property values and is an infringement on their property
and homes. The same also constitutes a potential nuisance to the children
of the community and may imperil their safety. The fuel tanks of abandoned,
junked or discarded vehicles containing gasoline or gasoline fumes
constitute an ever present danger of explosion. The abandoned, junked
or discarded vehicles also may contain broken glass and sharp metal
edges, and such vehicles usually are stored or abandoned with batteries
containing harmful acids. The control of the outdoor storage of abandoned,
junked or discarded vehicles is therefore regulated for the preservation
of health, safety and general welfare of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
The intent of the owner of any vehicle, whether or not required
to be licensed or whether normally operated on public highways or
not, shall be determined by the physical condition of the vehicle,
statements of the owner as to its abandonment, the length of time
since the vehicle was last operated on the highway, current status
of license, registration or inspection and other relevant facts.
A motor vehicle, but not a reproduction thereof, manufactured
more than 30 years prior to the current year and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformity with the manufacturer's specifications
and appearance.
A motor vehicle, but not a reproduction thereof, manufactured
more than 20 years prior to the current year, and which, because of
discontinued production and limited availability, is considered to
be a model or make of significant value to collectors or exhibitors
and which has been maintained in or restored to a condition which
is substantially in conformance with the manufacturer's specifications
and appearance.
Any business licensed by the Town and/or state to repair
motor vehicles or any part thereof.
Any vehicle(s) which the owner thereof, as established by
the surrounding circumstances, relinquishes ownership and possession
of and any vehicle(s) the owner of which cannot be found after due
and reasonable inquiry.
The Building Inspector/Code Enforcement Officer of the Town
of Alden is designated as the "Enforcement Officer" for the purposes
of this chapter.
Any vehicle which for any reason is incapable, without repair,
of being moved or propelled by application of internal power, if it
is a vehicle originally designed to be propelled by internal power,
or is incapable, without repair, of being drawn, towed, if it is a
vehicle originally designed to be towed or drawn from behind an internally
powered vehicle, and, as adjudged by the standards of an ordinary
reasonable man, is unsightly in appearance because of the existence
of one or more conditions, such as but not limited to the following:
deterioration by rust of the body, deterioration of the exterior finish
of the vehicle; broken windows; absence of component parts of the
vehicle (such as fenders, panels, doors, bumpers, headlights, hood,
trunk door, tires, wheels, grille, roof or tailgate); physical damage
(such as dents, cracks, scrapes or holes) to component parts of the
vehicle; and absence of interior components (such as seats, dashboard
or interior door panels), or is incapable of being moved or propelled,
drawn or towed without repair as provided for hereinabove and has
remained situate on any real property for a period in excess of 90
cumulative days.
Any place of storage or deposit licensed by the Town where
two or more unlicensed, old or secondhand motor vehicles no longer
intended or in condition for legal use on the highways are held, whether
for the purpose of resale of used parts therefrom; for the purpose
of reclaiming for use some or all of the materials therein, whether
metal, glass or fabric, or otherwise for the purpose of disposing
of the same; or for any other purpose. Such term shall include any
place of storage or deposit for such purposes of used parts or waste
materials from motor vehicles, which, taken together, equal in bulk
two or more such vehicles.
Storage other than in a completely enclosed structure constructed
of wood, masonry or metal.
The legal owner, contract purchaser, tenant, lessee, occupant,
subtenant, trustee, bailee, receiver of assignee of premises or real
property located within the Town of Alden.
The person having the property and/or title, including a
person entitled to the use and possession of a vehicle subject to
a security interest of another person, and also including any lessee
or bailee of a vehicle having the use thereof under lease or otherwise.
An individual, firm or partnership, association, corporation,
company or organization.
Determination by whatever means, including settlement of
a claim, arbitration or legal action, that any person other than the
owner of a vehicle is liable to pay or will pay for the repair of
damage resulting from any vehicular accident.
All areas within the Town of Alden, both publicly and privately
owned.
Any vehicle which may be licensed or registered for operation
on public highways and which has not been registered during the preceding
six months or is not currently registered and not in a condition for
legal use on the public highways. A vehicle which is in a condition
to receive a current New York State motor vehicle inspection sticker
shall be deemed to be in a condition for legal use on the public highways.
Any means of transport or conveyance operated, driven, drawn
or capable and intended to be operated, drawn or driven upon a public
highway by power other than muscular power. A "vehicle" shall include
but not be limited to automobiles, motorcycles, motorbikes, buses,
all types of trailers, including trailers used for storage, trucks,
truck tractors, manufactured homes, other than those legally in use
in an authorized manufactured home park, recreational vehicles, snowmobiles,
all-terrain vehicles and jitneys or any other contraption originally
designed and intended for travel on public highways.
Any business licensed or designated by the Town to tow or
haul other vehicles.
A.
It shall be unlawful for any person, firm or corporation, either
as a private property owner, vehicle owner, occupant, lessee, agent,
tenant or otherwise, to openly store or deposit or cause or permit
to be openly stored or deposited an abandoned, junked, discarded or
unlicensed vehicle or vehicles or parts or pieces thereof on any private
property within any zoning district within the Town of Alden, except
as permitted in junkyards or by this chapter, unless such vehicle
or part or piece thereof is stored or deposited in a completely enclosed
building. A single winter use or seasonal vehicle such as winter cars
or light truck plow vehicles, which may not be licensed year round
by the property owner, may be stored outside, provided that the vehicle
is behind the front yard on an adequately maintained surface in the
side or rear yard and is at least 10 feet from the property lines.
In the case of a vehicle temporarily out of service that is under
repair or refurbishment by the owner thereof who must actually reside
on the premises where such repair or refurbishment is being done,
this single vehicle may be openly stored for a period of up to 90
days, provided that it is maintained and protected so as to not create
a safety hazard or nuisance to surrounding property owners, but not
upon the public right-of-way.
B.
Recreational vehicles, specifically boats, camping trailers and motor
homes or snowmobiles and all-terrain vehicles on trailers, may be
openly stored upon the premises, but not on the public right-of-way,
provided that the owner actually resides upon the property, and provided
further that the subject recreational vehicle has been licensed within
the last 12 months.
C.
Unlicensed trailers and truck bodies.
(1)
In any C-1, C-2 or C-3 Commercial District nonresidential use or
recognized nonconforming commercial use in a residential district,
wheeled unlicensed trailers made to be pulled by a truck or truck
body, whether now with or without wheels, are permitted for storage
purposes but are not permitted in any front yard.
(2)
One unlicensed trailer or truck body as recited in Subsection C(1) above which is at the time of the adoption of this chapter used for storage in any R Zoning District shall be exempt but shall not be permitted in any front yard.
(4)
Owners of wheeled trailers not otherwise exempted herein made to
be pulled by a truck, whether now with or without wheels, and currently
used for storage have six months from the date of adoption of this
chapter to terminate the use of the same for storage and comply with
this chapter.
The Town of Alden Code Enforcement Officer shall have the right
to enter and inspect, at any reasonable hour, any premises on which
vehicle(s) are openly stored and to inspect such vehicle(s) to determine
if the same are a hazard to the health and welfare of the community.
The right of entry shall not be limited in any way by the existence
or lack of existence of a request, authorization or other consent
or approval of entry for inspection.
After the Code Enforcement Officer has determined that an abandoned,
junked or unlicensed vehicle(s) or parts thereof is openly stored
or deposited or is permitted to be openly stored or deposited on a
parcel of property in violation of this chapter, he shall give written
notice, by personal service or by registered or certified mail, on
the owner of the abandoned, junked or unlicensed vehicle(s) or parts
thereof or on the owner of any private property on which the vehicle(s)
is openly stored. Such notice shall direct the person so served, regardless
of the ownership of the vehicle (s) if the property owner or tenant
is served, to terminate the open storage of such vehicle(s) within
the Town within 10 days of said notice.
A single antique or classic motor vehicle that is in the process
of being restored may be kept out-of-doors upon the premises of the
owner of said vehicle for a period of 18 months to allow the restoration
to be completed, provided that the vehicle is stored behind the required
front yard on an adequately maintained surface and is at least 10
feet from the property line, and provided further that such vehicle
or component part thereof is covered with a tarpaulin or custom-made
cover for vehicles or is otherwise completely hidden from public view
with proper screening.
A wrecker commercial garage may store abandoned, junked or unlicensed
vehicle(s) or parts thereof on any one site within the Town of Alden,
provided that such storage is confined in an enclosed area, and provided
further that the business operation of the wrecker of commercial garage
is permitted by all applicable zoning laws or regulations, including
rights under any nonconforming uses and including any limitations,
restrictions or conditions established according to law by the Town
Board, the Zoning Board of Appeals, or any court of competent jurisdiction,
and provided that the vehicle(s) is not stored at any time on a public
highway right-of-way.
Any farm vehicle being actively used in farming operations shall
be exempted from the provisions of this chapter, provided that:
A.
The vehicle is being used on private property by the property owner
or lessee in possession of evidence of a leasehold interest and is
being held for continuing operation on private property and is not
being held primarily for nonoperating purposes.
B.
The vehicle, if not in a condition for legal operation on public
highways, is in a condition so that it can be operated and so that
such operation on private property will not be unduly dangerous to
the operator, passengers or others.
C.
The vehicle is in such a condition that there is no sharp metal,
broken glass or other condition which would endanger children who
might be attracted to play around the vehicle.
D.
The farm vehicle is not stored in any front yard.
In the event of noncompliance with the provisions of this chapter
and after 10 days have elapsed from receipt of the written notice,
the Code Enforcement Officer may issue an appearance ticket, returnable
to the Town of Alden Justice Court at a date and time as specified
on the appearance ticket. The appearance ticket shall specify the
alleged violation, the date and time and a description of the vehicle(s)
involved, a copy of which shall be forwarded to the Town Justice Court
and shall be accompanied by information detailing the violation and
attempts made by the Code Enforcement Officer to achieve compliance.
A violation of this chapter shall be punishable by a fine of
not more than $250, imprisonment not to exceed 15 days, or both. Each
abandoned, junked, discarded or unregistered/unlicensed vehicle stored
in violation of this chapter shall constitute a separate violation.
The court may impose additional fines for each day that the violation
continues beyond the order to either remove or enclose said vehicle.
This chapter has been enacted to supplement and to be read in
conjunction with § 1224 of the Vehicle and Traffic Law of
the State of New York.
