[HISTORY: Adopted by the Town Board of the
Town of Lancaster 4-5-1999 by L.L.
No. 1-1999 (Ch. 47 of the 1966 Codification). Amendments
noted where applicable.]
The intent of this chapter is to regulate the
outdoor storage of abandoned, junked, discarded or unlicensed vehicles
upon private property within the Town of Lancaster.
A.
The outdoor storage
of abandoned, junked, discarded or unlicensed vehicles upon private
property within the Town of Lancaster 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.
B.
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.
C.
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 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 conformity 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 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 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, 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.
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 Town of Lancaster.
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.
A natural person, individual, firm, partnership, association,
corporation, company, organization or other entity.
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.
Any place for the storage or deposit, whether in connection
with another business or not, of used motor vehicles intended to be
wrecked or junked, or stored as wrecked or junked motor vehicles;
iron, steel or nonferrous scrap, where such items, or any of them,
are held for the purpose of resale, dismantling parts therefrom for
resale or reclaiming for use some or all of the material therein.
The term shall include any place for the storage or deposit, for any
such purposes, of used parts or waste materials from motor vehicles
and shall include those established motor vehicle wrecking and/or
motor vehicle dismantling operations which were subject to the licensing
requirements of former Chapter 4, Auto Wrecking and Junkyards, of
the Code of the Town of Lancaster.[1]
The Town of Lancaster, excluding the area of the Village
of Lancaster and that portion of the Village of Depew lying within
the Town of Lancaster.
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, 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 device originally designed and intended
for travel on public highways.
Any business licensed or designated by the town to tow or
haul other vehicles.
A.
Exceptions.
(1)
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 Lancaster, except as
permitted in salvage yards or by this chapter, unless such vehicle
or part or piece thereof is stored or deposited in a completely enclosed
building.
(2)
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.
(3)
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.
Trailers and truck
bodies.
(1)
In any business
or industrial 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 residential 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 Lancaster Building Inspector shall
have the right to enter and inspect, during daylight hours, 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 to 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 Building Inspector 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 or commercial garage may store abandoned,
junked or unlicensed vehicle(s) or parts thereof on any one site within
the Town of Lancaster, provided that such storage is confined in an
enclosed area, 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 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.
E.
There are no violations
of any other applicable laws and ordinances.
In the event of noncompliance with the provisions
of this chapter and after 10 days have elapsed from receipt of the
written notice, the Building Inspector may issue an appearance ticket
returnable to the Town of Lancaster 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 Building Inspector to achieve
compliance.
A violation of this chapter shall be punishable
by a fine of at least $50 and not more than $150. Each abandoned,
junked, discarded or 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.
This chapter shall become take effect after
filing and publication as required by law.
