[HISTORY: Adopted by the Town Board of the
Town of Halfmoon 11-4-2020 by L.L. No. 4-2020. Amendments noted where
applicable.]
The outdoor storage of unlicensed/unregistered and/or junked
motor vehicles on privately owned property or within a public right-of-way
within the Town of Halfmoon is detrimental to the health, safety and
general welfare of the community. The same also constitutes an attractive
nuisance to children and in many ways imperils their safety. Such
storage also endangers the person and property of members of the community,
since fuel tanks still containing gasoline or gasoline fumes may easily
explode. Such storage is unsightly and depreciates all property values.
The control of the outdoor storage of unlicensed/unregistered and
junked motor vehicles on privately owned properties and within a public
right-of-way within the Town of Halfmoon is, therefore, regulated
for the preservation of the health, safety and general welfare of
the community.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
Any New York State licensed repair shop and/or inspection
station which is available to the public and whose principal business
purpose is to repair, service, adjust or equip motor vehicles damaged
as a result of motor vehicle accidents or vandalism.
Any New York State licensed repair shop and/or inspection
station which is available to the public and operated for gain and
which is used for the repair, servicing, adjusting or equipping of
automobiles or other motor vehicles.
Any motor vehicle that is wrecked, discarded, abandoned,
dismantled or partially dismantled which is no longer intended to
be used or is in such a condition that said motor vehicle cannot be
legally used, upon a highway, without substantial repair.
Any area, lot, land, parcel, building or structure or part
thereof approved by the Town of Halfmoon for the storage, collection,
processing, purchase, sale or abandonment of wastepaper, rags, scrap
metal or other scrap or discarded goods, materials, machinery or two
or more disabled motor vehicles or other type of junk.
Every vehicle originally designed and intended to be operated,
drawn or driven or capable of being operated, drawn or driven upon
a public highway by any power other than muscular power. For the purposes
of this chapter, the term "motor vehicle" shall include, but is not
limited to, automobiles, trucks, buses, motorcycles, and recreation
vehicles.
A person, firm or corporation having an interest in or title
to a motor vehicle, a person entitled to the use and possession of
a vehicle subject to a security interest in another person, and also
including any lessee or bailee of a motor vehicle having the use thereof
under lease or otherwise.
A person, firm or corporation being the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property located within the Town of Halfmoon.
Includes all parcels of real property not owned by any unit
of government situated in the Town of Halfmoon, whether occupied or
vacant, regardless of size, topography or location.
A strip of land owned by the state, county or Town which
is occupied or intended to be occupied by a road, sidewalk, and/or
utility lines such as electric, gas, oil, water, sanitary sewer or
storm sewer.
A motor vehicle shall be deemed to be unregistered/unlicensed
if it does not contain valid license plates as required by the Vehicle
and Traffic Law of the State of New York or an equivalent law of any
other state or does not display a sticker, tag or other indicia of
registration in its front window which coincides with the displayed
license plates.
A.
It shall be unlawful for any person, firm or corporation to store
or deposit or cause or permit to be stored or deposited a junked motor
vehicle or part or piece thereof on any private property or public
right-of-way within the Town of Halfmoon unless one or more of the
following is found:
(1)
Such junked motor vehicle is stored or deposited on premises legally
used and operated as a junkyard.
(2)
Such junked motor vehicle is stored or deposited in a completely
enclosed building.
(3)
Such junked motor vehicle is stored or deposited on premises legally
used and operated as a duly authorized collision repair shop while
awaiting repairs or servicing at such place of business. Such junked
vehicle must be stored within the confines of an approved parking
space as indicated on site plans on file with the Town of Halfmoon
for such duly authorized collision repair shop. If a site plan is
not on file with the Town of Halfmoon for such duly authorized collision
repair shop, said duly authorized collision repair shop will be required
to file such site plan with the Town Building Department within two
weeks upon written notification thereof unless the Zoning Enforcement
Officer extends the time period for good cause.
B.
It shall be unlawful for any person, firm, or corporation to store
or deposit, or cause or permit to be stored or deposited, an unlicensed/unregistered
motor vehicle or part or piece thereof on any private property or
public right-of-way with the Town of Halfmoon unless one or more of
the following is found:
(1)
Such unlicensed/unregistered motor vehicle is stored or deposited
in a completely enclosed building.
(2)
Such unlicensed/unregistered motor vehicle is under repair, reconstruction,
or refurbishing by the owners thereof, who must actually be residing
on the private premises. Not more than one such unlicensed/unregistered
motor vehicle shall be permitted at any one time on any premises.
Such unlicensed/unregistered motor vehicle must be so maintained and
protected as not to create any safety hazard or nuisance to surrounding
property owners, residents or occupiers and shall not remain on the
private premises for more than six months cumulative or consecutive
in a one-year period.
(3)
Such unlicensed/unregistered motor vehicle is temporarily stored
or deposited on the premises of a duly authorized service station
or repair shop while awaiting repairs or servicing at such place of
business. Such unlicensed/unregistered motor vehicle shall not remain
on the premises of a duly authorized service station or repair shop
for more than six months while awaiting repairs or servicing at such
place of business. Such unlicensed/unregistered motor vehicle must
be stored within the confines of an approved parking space, as indicated
on a site plan on file with the Town for such duly authorized service
station or repair shop. If a site plan is not on file with the Town
of Halfmoon for such duly authorized service station or repair shop,
said duly authorized service station or repair shop will be required
to file such site plan with the Town Building Department within two
weeks upon written notification thereof unless the Zoning Enforcement
Officer extends the time period for good cause.
C.
Code Enforcement Officers or their designees are hereby authorized
to enforce the provisions of this chapter.
A.
If the provisions of this chapter are believed to be violated, the
Code Enforcement Officer shall serve a written notice, either personally
or by registered or certified mail, return receipt requested, upon
the owner, occupant or person having charge of the private property
on which the unlicensed/unregistered or junked motor vehicle is located,
ordering such person to remove said unlicensed/unregistered or junked
motor vehicle within seven days of the date of such service. Such
notice shall also contain a description of the premises, a statement
as to the location thereon of the unlicensed/unregistered or junked
motor vehicle, reference to this chapter and to the fact that the
location of such unlicensed/unregistered or junked motor vehicle on
such premises is a violation of this chapter. The Code Enforcement
Officer may determine ownership of any parcel of land in the Town
of Halfmoon from the current assessment roll of the Town and may serve
written notice upon the owner thereof by mailing such notice, as provided
above, to said owner at the address listed on the current assessment
roll.
B.
In the event that said unlicensed/unregistered or junked motor vehicle or vehicles are not removed from the premises within seven days as provided in Subsection A above, the Code Enforcement Officer or his or her duly authorized representative shall have the right to enter upon the premises and to remove such unlicensed/unregistered or junked motor vehicle or vehicles to an authorized impound lot. Thereafter, the Code Enforcement Officer or his or her duly authorized representative shall issue an appearance ticket to the owner, occupant or person having charge of the private property on which the unlicensed/unregistered or junked motor vehicle is located, directing such person to appear in the Town Court of the Town of Halfmoon in connection with such person's alleged violation of the provisions of this chapter and to determine the destruction, disposal or otherwise of the unlicensed/unregistered or junked motor vehicle or vehicles.
C.
The expense of notices, removal, destruction or disposal of an unlicensed/unregistered
or junked motor vehicle or vehicles by the Town shall be assessed
against the property described in the notice and shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged as other Town charges.
D.
Unlicensed/unregistered or junked vehicles within a public right-of-way
shall be removed by the Superintendent of Highways who has jurisdiction
within said right-of-way. Such motor vehicle shall be considered an
obstruction within the right-of-way and therefore allow for immediate
removal at the owner's expense.
A violation of this chapter or any provision or part thereof
by any person, firm or corporation is hereby declared to be a violation,
punishable by up to 15 days in jail, and/or a fine to be determined
by the court but not to exceed $250. Any person, firm or corporation
who shall resist or obstruct the duly authorized agents, servants,
officers and employees of the Town of Halfmoon in the removal and
disposal of an unlicensed/unregistered or junked motor vehicle, as
provided in this chapter, shall be in violation of this chapter and
subject to the fines and penalties provided herein. Each day's
continued violation shall constitute a separate and additional offense.
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, violations of this chapter or any provision or
parts thereof shall be deemed a violation, and, for such purposes
only, all provisions of law relating to violations shall apply.
If any section, subsection, sentence, clause or other portion
of this chapter is for any reason declared unconstitutional or invalid,
in whole or in part, by any court of competent jurisdiction, such
portion shall be deemed severable, and such unconstitutionality or
invalidity shall not affect the validity of the remaining portions
of this law, which remaining portions shall continue in full force
and effect.
This chapter shall take effect immediately upon filing in the
office of the Secretary of State pursuant to § 27 of the
Municipal Home Rule.
