[HISTORY: Adopted by the Board of Trustees of the Village
of Fonda as indicated in article histories. Amendments noted where
applicable.]
[Adopted at time of adoption of Code (See Ch. 1, General
Provisions, Art. I)]
The outdoor storage of abandoned, junked, discarded or unlicensed
vehicles upon private property within the Village of Fonda 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 properties
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 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 the health, safety and general welfare of the community.
As used in this article, the following terms shall have the
meanings indicated:
The intent of the owner 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 has last been used on the highway;
whether the vehicle is currently licensed, registered or inspected;
and other relevant facts. With respect to a vehicle not required to
be licensed or a 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 statement as to its abandonment by the owner
and other relevant facts.
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 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 10 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 or will be maintained
in or restored to a condition which is substantially in conformity
with the manufacturer's specifications and appearance.
Any business licensed by the Village 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.
A completely enclosed privacy-type structure or fence constructed
of wood, metal or masonry, which shall be at least six feet in height
and not more than eight feet in height and of such construction and
type that an ordinary person of ordinary height and eyesight cannot
see into the enclosure. Such enclosure shall be adequately maintained
so as not to create an eyesore to the community.
The Code Enforcement Officer or any peace officer or police
officer whose powers and duties are within or include the Village
of Fonda.
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 or 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, scraps or holes) to component parts
of the vehicle; and absence of interior components (such as seats,
dashboard or interior door moldings), 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 30 days.
Any place of storage or deposit licensed by the Village where
two or more unlicensed, old or secondhand motor vehicles no longer
intended or in condition for legal use on the public 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, 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 or assignee of premises or real
property located within the Village of Fonda.
The person having the property and/or title to a vehicle,
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, 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 to a vehicle resulting from any vehicular accident.
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 a 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,
tractors, mobile homes, other than those legally in use in an authorized
mobile home park, recreational vehicles, snowmobiles, all-terrain
vehicles and jitneys or any other contraption originally designed
and intended for travel on the public highways.
All areas within the Village of Fonda, both publicly and
privately owned.
Any business licensed by the Village to tow or haul other
motor vehicles.
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 the Village of Fonda, except as permitted in junkyards
or by this article, unless such vehicle or part or piece thereof is
stored or deposited in a completely enclosed building or such vehicle
or part or piece thereof is under repair, reconstruction or refurbishing
by the owner thereof, who must actually be residing upon the premises
where such repair, reconstruction or refurbishing is being done. Such
vehicle or part or piece thereof must be maintained and protected
so as not to create a safety hazard or nuisance to surrounding property
owners and shall not remain on the premises for more than 30 days,
but not on a public highway right-of-way.
The Village of Fonda Code Enforcement Officer shall have the
right to enter and inspect, at any reasonable hour, any premises on
which vehicles are openly stored and to inspect such vehicles to determine
if the same are a hazard to the health and welfare of the community.
This 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 or discarded 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 article, he shall give
written notice, by personal service or by registered or certified
mail, on the owner of the abandoned, junked or unregistered vehicle
or discarded parts thereof or on the owner of any private property
on which the vehicle is openly stored. Such notice shall direct the
person so served, regardless of the ownership of the vehicle if the
property owner or tenant is served, to terminate the open storage
of such vehicle within the Village within 10 days of receipt of said
notice.
In the event of noncompliance with the provisions of this article and after 10 days have elapsed from receipt of the written notice provided for in § 157-5, the Code Enforcement Officer may issue an appearance ticket, returnable to the Village of Fonda Justice Court at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged chapter violation, the date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Village Justice and shall be accompanied by an information form detailing the violation and attempts made by the Code Enforcement Officer to achieve compliance.
If the provisions of the foregoing sections are believed to
be violated, the Code Enforcement Officer may serve a written notice,
either personally or by registered or certified mail, upon the owner,
occupant or person having charge of such private property to comply
with the requirements of this article. The Code Enforcement Officer
may determine ownership of any parcel of land in the Village of Fonda
from the current assessment roll of the Village and may serve written
notice upon the owner thereof by mailing such notice to the owner
at the address listed on the current assessment roll. If the Code
Enforcement Officer is unable to determine the ownership or address
of the owner of said private property, publishing the same in the
official newspaper of the Village for two consecutive weeks may make
such notification. The notice shall be in substantially the following
form:
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"To the owner, occupant or person having charge of land within
the Village of Fonda briefly described as follows: (Here describe
the subject property.) Notice is hereby given that an abandoned, junked,
discarded or unlicensed vehicle is stored or deposited on the above-described
property in the Village of Fonda. This vehicle must be removed therefrom
within 10 days from the date of this notice; provided, however, that
if this notice is served on you by publication, said vehicle shall
be removed within 24 days from the first publication date of this
notice. If such vehicle is not removed on or before the expiration
of said 10 days from the date hereof or on or before the expiration
of said 24 days from the date of this notice in the event that it
is served on you by publications, you are hereby summoned to appear
before the Village Board of the Village of Fonda, New York, at _____
o'clock, on the _____ day of ____________, 20_____, at which
time a hearing will be held to determine why the Village of Fonda,
New York, acting through its duly authorized agents, servants, officers
and employees, should not enter upon said property and remove and
cause said vehicle to be destroyed. In the event that the Village
Board directs that said vehicle be removed and destroyed the expense
incurred by the Village of Fonda shall be assessed against said property
and shall constitute a lien thereon and be collected in the manner
provided by law. Dated: Code Enforcement Officer, Village of Fonda."
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An 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 12 months to allow the restoration
to be completed, provided that the vehicle is stored behind the required
front yard on an adequately maintained surface in the side or rear
yard and is at least 10 feet from the property line, and provided
further that such vehicle or any component part thereof is covered
with a tarpaulin or custom cover made for vehicles or is otherwise
hidden from public view with proper screening.
There shall be a presumption that a person who has received the notice prescribed by § 157-7 has openly stored or deposited or caused or permitted to be openly stored or deposited an abandoned, junked, discarded or unlicensed vehicle described in said notice.
A.Â
A wrecker or commercial garage may store abandoned, junked or unlicensed
vehicles or part thereof on any one site within the Village of Fonda,
provided that such storage is confined in an enclosed area and such
vehicles may not be stored for more than 30 days, and provided further
that the business operation of the wrecker or 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 Village
Board, the Board of Appeals, the Planning Board or any court of competent
jurisdiction, and provided that the vehicles are not stored at any
time on a public highway right-of-way.
B.Â
Where a repair settlement is pending in good faith, the foregoing
time periods shall not start to run until a repair settlement has
been made, but in no event to exceed 60 days from the date said vehicles
are first stored upon the premises.
C.Â
In the event that any abandoned, junked or unlicensed vehicle or part thereof is stored at any wrecker or commercial garage and such wrecker or commercial garage is restrained from allowing the owner to move said vehicle from the location of such wrecker or commercial garage by reason of a legal detainer or order of any federal, state, county or local government agency or body, the thirty-day period of time as provided for in Subsection A hereinabove shall not commence to run until said legal detainer or order is released or vacated.
Any vehicle being actively used in farming operations shall
be exempted from the provisions of this article, provided that:
A.Â
The vehicle is being used on private property and is being held for
continuing operation on private property and is not being held primarily
for nonoperating purposes.
B.Â
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.Â
The vehicle is in such condition that there is no sharp metal, broken
glass or other condition that would endanger children who might be
attracted to play around the vehicle.
A violation of this article shall be punishable by a fine of
at least $50 and not more than $250 per violation or by imprisonment
for up to 15 days, or by both. A violation of this article shall also
subject the violator to a civil penalty of the greater of $100 per
separate violation or the Village's costs of inspection, service
of notice, removal, towing and permanently disposing of such vehicle,
less any criminal monetary fine which may have been imposed. Each
abandoned, junked, discarded or unregistered vehicle stored in violation
of this article shall constitute a separate violation. Each day that
such separate violation shall continue or be carried on shall constitute
an additional separate violation, for which the court may impose an
additional fine and continuing fine until the vehicle is removed or
enclosed.
This article 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, as amended.
