[HISTORY: Adopted by the Town Board of the Town of Lyons.
Amendments noted where applicable.]
The Town Board of the Town of Lyons finds that the outdoor storage
of abandoned, inoperable or unlicensed motor vehicles upon public
and private property within the Town of Lyons is dangerous, unsightly
and a detriment to the preservation of public health, the protection
of property and the safety and welfare of the residents of the Town
of Lyons. The Town Board further finds that the outdoor storage of
abandoned, inoperable or unlicensed vehicles constitutes an attractive
nuisance to residents and children and a peril to their safety; such
storage poses a threat to the safety and welfare of the Town of Lyons
since fuel tanks may contain gasoline or gasoline fumes and may be
subject to explosion in the event of fire. The outdoor storage of
such vehicles depreciates the value of neighboring properties and
discourages the orderly and progressive development of the Town of
Lyons. The control of the outdoor storage of abandoned, inoperable
or unlicensed motor vehicles upon public and private property within
the Town of Lyons is, therefore, regulated for the preservation of
the public health, safety and welfare of the residents of the Town
of Lyons. It is the intent of this chapter to be construed in harmony
with 19 NYCRR Part 1226 (Property Maintenance Code of New York State),
and § 1224 of the Vehicle and Traffic Law of New York State.
The provisions of this chapter shall apply to all existing premises
and conditions.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle shall be deemed an abandoned vehicle if left
unattended:
With no number plates affixed thereto, for more than six hours
on any public highway or other public way;
For more than 24 hours on any public highway or other public
way, except a portion of a public highway or public place on which
parking is legally permitted;
For more than 48 hours after the parking of such vehicle shall
have become illegal, if left on a portion of a public highway or public
way on which parking is legally permitted;
For more than 96 hours on the premises of another if left without
permission of the owner.
A motor vehicle manufactured more than 25 years prior to
the current calendar year and which, because of discontinued production
and limited availability, is owned and operated as an exhibition piece
or collector's item, and is not used for daily transportation.
A cover specifically designed to cover a vehicle or a tarp
(of a muted or neutral color). Acceptable covers shall completely
screen the vehicle (to the bumper line) from view by having no frayed
edges and no holes larger than the size of a quarter; holes in car
covers and tarps may be patched from the inside.
A motorized vehicle used for agricultural operations either
on or off an agricultural work site. This definition may include tractors,
trucks, automobiles, and all-terrain vehicles.
A motor vehicle which cannot be driven upon the public highway
for reasons including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
A vehicle designed to be operated or driven upon a public
highway, which is propelled by any power other than muscular power,
except:
Storage other than in a completely enclosed structure constructed
of wood, masonry or metal, such as a garage or barn. Storage within
a carport shall be deemed open storage for purposes of this chapter.
A person having the property and/or title to a motor 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.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
Any street, alley or similar parcel of land which is deeded,
dedicated or otherwise permanently appropriated to the public for
public use.
A motor vehicle that has been custom built or modified from
its original factory configuration for racing purposes, with no intent
of being operated on public highways or as regular transportation.
A.
The open storage of abandoned, inoperable or unlicensed motor vehicles,
or motor vehicles that are unfit to operate on the public highways
of the State of New York shall be prohibited. The fact that a vehicle
does not display a current motor vehicle registration, license plate
or inspection sticker shall be presumptive evidence that such vehicle
is not in any condition for legal use upon the highways.
B.
Exceptions:
(1)
Farm vehicles stored in accordance with this chapter.
(2)
Race cars stored in accordance with this chapter.
(3)
Vehicles covered in accordance with this chapter.
(4)
Licensed and/or registered service stations (repair garages), auto
body repair shops, vehicle dismantlers and junkyards shall also be
exempt from the provisions of this chapter, provided they are approved
by the State of New York for the type of business they are conducting
and have received zoning approval for the area where they are operating.[1]
(5)
New or used automotive dealers that are approved by the State of
New York for the purpose of displaying vehicles for sale to the general
public and have received zoning approval will be exempt from this
chapter.
(6)
Antique or classic motor vehicles stored in accordance with this
chapter.
On private property, the owner of the premises shall be responsible
for compliance with the requirements of this chapter. On public property,
the motor vehicle owner shall be responsible for compliance with this
chapter.
Any vehicle being actively used in farming operations shall
be exempt from the provisions of this chapter, provided that:
A.
The vehicle is being used on private property and is being held for
continuous 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.
Any person may maintain one race car, provided said vehicle
is maintained on a registered trailer. Vehicles permitted by this
section shall not be stored in the front yard, and any work done on
said vehicles shall not interfere with the setting of the neighborhood.
The Code Enforcement Officer is authorized to issue annual permits
for the open storage of unlicensed vehicles upon a private property
in accordance with the following provisions:
A.
Application. A written permit to store an abandoned or unlicensed
motor vehicle shall be issued upon proper application having been
made and submitted with a fee as set from time to time by the Town
Board by resolution. Each application shall contain the following
minimum information:
B.
Investigation. The Code Enforcement Officer may cause each application
to be investigated to ensure that the submitted information is accurate
and that the vehicle has not been stolen or used in the commission
of a crime.
C.
Issuance of permit. A written permit to store an abandoned or unlicensed
vehicle shall be issued within 60 days upon proper application having
been made, and only after the applicant, if deemed necessary, has
met all the requirements as to the type of cover.
D.
Permit expiration. If the permit is issued, such permit shall be
issued for a period of one year.
E.
Covering. All abandoned or unlicensed vehicles authorized to be stored
in accordance with this section shall be covered by a securely fastened
car cover, as defined herein. An approved car cover must cover the
entire vehicle and be securely fastened to the vehicle. An approved
car cover shall be made of material which will resist wind, rain and
other weather-related circumstances. The use of bricks, stones, blocks
or other material as a fastener shall not be permitted.
An antique or classic motor vehicle that is in the process of
being restored may be kept outdoors 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 three feet from the property line, and provided
further that such vehicle or any component part thereof is covered
with a car cover.
A.
No person shall repair or service any motor vehicle in any open area of any property, except to make necessary repairs to or regularly service their own personal vehicle or vehicles, or as part of a professional automotive repair business located and operated in compliance with Chapter 300, Zoning, of the Town Code. No person shall repair or service any motor vehicle on any public street or sidewalk, except to make such emergency repairs as may be necessary to move a disabled vehicle.
B.
Tools, parts, and other materials associated with the repair and
servicing of motor vehicles shall not be stored in open areas of any
private property.
C.
Fluids, greases, oils, and other wastes associated with the repair
or servicing of motor vehicles shall be discarded in an appropriate
manner, and reasonable precautions shall be taken to prevent the spilling
of such wastes on driveways, sidewalks and other areas.
The Town of Lyons Code Enforcement Officer shall be responsible
for the enforcement of this chapter. The Code Enforcement Officer
may request and shall receive, so far as may be necessary in the enforcement
of this chapter, the assistance of the Wayne County Sheriff's Department,
Public Works Superintendent, and other departments or officers of
the Town of Lyons.
Any person failing to comply with a notice of violation or order served in accordance with § 275-14 shall be deemed guilty of a violation, and the violation shall be deemed a strict liability offense.
[Amended 4-27-2022 by L.L. No. 1-2022]
Upon conviction, a violation of this chapter shall be punishable
by a fine of not less than $150 and not more than $250. Each day that
a violation continues after due notice has been served shall be deemed
a separate offense.
Whenever it has been determined that there has been a violation
of this chapter, or when there are grounds to believe a violation
has occurred, notice shall be given to the person responsible for
the violation in the manner prescribed in Subsections A and B.
A.
Form. Such notice prescribed shall be in accordance with all of the
following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a description of the vehicle sufficient for identification.
(4)
Include a statement of the violation or violations and why the notice
is being served.
(5)
Include a correction order allowing a reasonable time to bring the
premises or motor vehicle into compliance with the provisions of this
chapter.
(6)
Inform the property owner of the right to appeal.
B.
Method of service. Such notice shall be deemed to be properly served:
(1)
If a copy thereof is delivered personally to the person responsible
for the violation; or
(2)
If a copy thereof is sent by certified or first-class mail addressed
to the last known address of the person responsible for the violation;
or
(3)
If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place on or about
the motor vehicle and/or premises affected by such notice.
The Code Enforcement Officer shall have the authority, pursuant
to the Criminal Procedure Law, to issue appearance tickets subscribed
by him or her, directing a designated person to appear in Lyons Town
Court at a designated time in connection with the commission of a
violation of this chapter.
The imposition of penalties herein prescribed shall not preclude
the Code Enforcement Officer from instituting appropriate action to
restrain, correct or abate a violation, including but not limited
to removal and disposition of abandoned vehicles in accordance with
§ 1224 of the Vehicle and Traffic Law of New York State,
or seizure and impoundment of any vehicle pursuant to a warrant issued
by a court of competent jurisdiction. Nothing in this chapter shall
prevent the Code Enforcement Officer from enforcement of applicable
local and state regulations applicable to the Town of Lyons.
Where a motor vehicle has been impounded under the terms of
this chapter, or § 1224 of the Vehicle and Traffic Law of
New York State, the following fees shall be imposed and paid prior
to relinquishment of said vehicle: reimbursement of all accrued towing
and storage fees, plus an administrative fee as set by resolution
of the Town Board. All fees shall be in addition to any other fines
and penalties.
