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:
DULY AUTHORIZED COLLISION REPAIR SHOP
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.
DULY AUTHORIZED SERVICE STATION OR REPAIR SHOP
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.
JUNKED VEHICLE
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.
JUNKYARD
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.
MOTOR VEHICLE
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.
OWNER OF MOTOR 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.
OWNER OF PRIVATE PROPERTY
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.
PRIVATE PREMISES or PRIVATE PROPERTY
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.
PUBLIC RIGHT-OF-WAY
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.
UNLICENSED/UNREGISTERED MOTOR VEHICLE
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 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.