The Town Board of the Town of Potsdam, pursuant to the authority
granted by Municipal Home Rule Law § 10, Subdivision 2,
and Town Law § 130, Subdivision 6, hereby enact as follows.
This article is adopted pursuant to the authority granted the
municipality in § 10 of the Municipal Home Rule Law and
in § 130, Subdivision 6, of the Town Law. This article shall
be known as "A local law prohibiting junkyards in the Town of Potsdam."
As used in this article, the following terms shall have the
meanings indicated:
JUNK APPLIANCE
Any household appliance, including but not limited to a stove,
washing machine, dryer, dishwasher, freezer refrigerator, air conditioner,
water heater, or television, which is stored outside of any residence
or structure.
JUNK FURNITURE
Abandoned, discarded, or irreparably damaged furniture, including,
but not limited to, sofas, lounge chairs, mattresses, bed frames,
desks, tables, chairs, and chests of drawers.
JUNK MOBILE HOME
Any enclosed dwelling built upon a chassis, motor vehicle,
or trailer used or designed to be used for either permanent or temporary
living or sleeping purposes, including motor homes, truck campers,
camping trailers, campers, travel trailers, pop-up trailers, tent
trailers and overnight trailers. To qualify as a junk mobile home,
the dwelling must meet two out of three of the following conditions
for six months or more:
A.
The electrical service is disconnected or terminated.
B.
It is abandoned as a dwelling unit.
C.
It is no longer habitable for residential occupancy.
JUNK MOTOR VEHICLE
Any motor vehicle or used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicle
which is unlicensed or unregistered; or abandoned, wrecked, stored,
discarded, dismantled, or partly dismantled; or not in condition for
legal use upon the public highways. The fact that a motor vehicle
does not display a current motor vehicle registration or license plate
shall be presumptive evidence that such motor vehicle is not in condition
for legal use upon the highways. With respect to any motor vehicle
not required to be licensed or a motor vehicle not usually used on
public highways, the fact that such motor vehicle is not in condition
to be removed under its own power shall be presumptive evidence that
such motor vehicle is a junk motor vehicle unless refuted by verifiable
and credible proof.
JUNKYARD
The outdoor storage or deposit of any of the following, whether
in connection with another business or not:
A.
Two or more junk motor vehicles.
B.
Two or more junk mobile homes.
C.
Two or more junk appliances.
D.
Three or more pieces of junk furniture.
E.
Any combination of the above that totals three or more items.
Junkyards will be prohibited in the Town of Potsdam.