For the purposes of this chapter, the following words and phrases
shall have the following meanings ascribed to them:
AGRICULTURAL OPERATIONS
A farm, farm woodland, woodland product operation, apiary,
horse stabling or boarding business, or other agriculturally based
business or operation that meets the definition of "land used in agricultural
production" as such term is used and defined in the New York State
Agriculture and Markets Law, Article 25-AA.
CERTIFICATION
A notarized or sworn statement made under penalty of perjury
as kept in a required junkyard log book pertaining to the components
of, parts within, condition and disposal of junk motor vehicle(s)
by junkyards and junkyard operators, or a notarized or sworn statement
made under penalty of perjury concerning annual compliance with this
chapter and junkyard permit conditions.
ENFORCEMENT OFFICER
The Town of Lansing Code Enforcement Officer, and any other
person appointed by the Town Board to act in relation to this chapter.
JUNK
The outdoor storage or deposit of any of the following shall
constitute junk:
A.
More than one junk motor vehicle.
B.
One or more junk mobile homes.
C.
More than one abandoned or inoperable appliance or device, including
by way of example, but not limited to, washers, dryers, dishwashers,
televisions, stoves, refrigerators, freezers, air conditioners, and
barbecue grills.
D.
More than one abandoned or irreparably damaged piece of indoor
furniture, including by way of example, but not limited to, sofas,
lounge chairs, mattresses, bed frames, desks, tables, chairs, and
dressers.
E.
More than one boat, snowmobile, all-terrain vehicle, lawn mower,
or other such device, where such device is in a state of disrepair
or is otherwise dilapidated, broken, or abandoned.
F.
The dumping, accumulation, collection, or storage of garbage,
trash, refuse, waste, debris, or secondhand or used materials of whatever
composition, where such accumulation, collection, or storage creates
a significant unsightly, unsafe, or unhygienic condition.
JUNK MOBILE HOME
A structure, transportable in one or more sections, built
on a permanent chassis and designed to be used as a dwelling unit,
that is currently not inhabited or which is no longer habitable under
the New York State Uniform Fire Prevention and Building Code. This
includes, but is not limited to, manufactured housing parts and units,
mobile homes, travel trailers, and campers.
JUNK MOTOR VEHICLE
A.
An unregistered, old, or secondhand motor vehicle, no longer
intended or in condition for legal use on the public highways. This
includes vehicles used for parts, and parts or waste materials from
motor vehicles which, taken together, equal in bulk more than one
such vehicle. A motor vehicle is considered junked when it meets any
of the following conditions:
(1)
It is unlicensed, unregistered, or not inspected.
(2)
It is abandoned, wrecked, stored, discarded, dismantled, dilapidated,
or partly dismantled.
(3)
It may not be legally operated upon a public highway.
B.
Notwithstanding the foregoing definitions, a motor vehicle shall
not be deemed "junk" when:
(1)
Such vehicle is being repaired or restored and such work is
performed within a structure or similarly enclosed area designed and
approved for such purposes;
(2)
Such vehicle is lawfully being offered for sale on any parcel;
or
(3)
The underlying allowed land use of the land or parcel in question
is lawful, in compliance with zoning and related requirements, and
such business or use normally stores such vehicles for lawful business
purposes, such as but not being limited to, towing yards, repair shops,
vehicular mechanical businesses, and impoundment yards.
JUNKYARD
The areas of any parcel of land or water used or intended
to be used for the placement, storage, or deposit of junk. This definition
includes both permitted and unlawful junkyards.
JUNKYARD FENCING
A continuous eight-foot high fence enclosing an entire defined
area, with:
A.
A locking gate adequate to prohibit the entrance of children
and others into the area; and
B.
Painted or otherwise finished with and having a natural or neutral
color that does not detract visually from the surrounding ambient
environment; and
C.
Where the area is visible from a public highway or other roadway
or any neighboring inhabited structures, such fence shall be made
of wood or other materials as to completely screen from view the enclosed
area.
JUNKYARD OPERATOR
Any person who owns or operates a junkyard, including each
junkyard permit holder.
JUNKYARD PERMIT
A permit issued under this chapter, and zoning provisions
of the Town (if applicable), that permits the storage or accumulation
of materials of such type and quantity as to constitute junk or a
junkyard.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on public highways.
OUTDOOR STORAGE
The storage or emplacement of any good or item outdoors upon
any residential or other parcel of land within the Town.
OUTDOOR STORAGE AREA
The areas of any parcel of land or water used or intended
to be used for the placement, storage, or deposit of non-junk business
inventory or any other residential, business-related, or other goods
or materials that do not constitute junk.
PERSON
Any individual, firm, partnership, association, corporation,
company, organization, or entity of any kind.
PERSONAL SERVICE
A method of transmittal and delivery of documents or notices
in a procedural manner as would constitute notice and fulfillment
of the requirements of due process as outlined in the New York State
Civil Practice Law and Rules.
PROPERTY MAINTENANCE CODE
The Property Maintenance Code of the State of New York, being
part of the Uniform Codes administered by the New York Codes Division
and certified New York State Code Officers, among others.
TOWN
The Town of Lansing, Tompkins County, New York.
TOWN BOARD
The Town Board of the Town of Lansing, Tompkins County, New
York.