The provisions of this chapter shall apply in addition to the
provisions of any other local law or ordinance adopted by the Town.
Where there is a conflict, the more restrictive provision shall apply.
The provisions of this chapter shall also be applicable to conditions
existing at the time of enactment.
As used in this chapter, the following terms shall have the
meanings indicated:
ANTIQUE MOTOR VEHICLE
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to, or will be maintained in or restored to, a condition
which is substantially in conformance with the manufacturer's
specifications.
BRUSH
Uncultivated woody shrubs and/or immature trees.
CLASSIC MOTOR VEHICLE
A motor vehicle, but not a reproduction thereof, manufactured
more than 10 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.
CONSTRUCTION/DEMOLITION DEBRIS
Includes, but is not limited to, brick, stone, lumber, pipes,
cement, and other building materials no longer intended for or in
condition for ordinary use.
CONSTRUCTION EQUIPMENT
Includes, but is not limited to, backhoes, cement mixers,
loaders, excavators, skid steers, and dump trucks over 10,000 pounds.
GARBAGE
Animal, food, and vegetable waste resulting from the growing,
handling, processing, cooking, and serving of foods, marketing and
preparation, and storage, sale, of food items, including containers
in which it is packaged, and clippings.
GRASS
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering and may also be used as ground covering for the establishment
of drainage swales, flood routes or water detention basins.
JUNK
Worn out, discarded, inoperable, abandoned, irreparably damaged,
unusable, scrapped materials of little or no value, including, but
not limited to, small and large appliances, furniture, manufactured
and/or mobile homes, motor vehicles, accessory vehicles, seasonal
vehicles such as campers, RVs (recreational vehicles), watercraft,
ATVs (all-terrain vehicles), swimming pools, hot tubs, spas, and tires
as well as scrap metal waste which is stored outside of any residence
or enclosed structure.
JUNK MOBILE OR MANUFACTURED HOME
Abandoned for seven months or more or discarded structure,
or part thereof, transportable in one or more sections, which, in
the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, if erected on a site, is 320 or more square
feet, and which is built on a permanent chassis or foundation/slab
and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems contained
therein. To qualify as a junk mobile or manufactured home, the dwelling
must meet two out of three of the following:
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:
A.
Unlicensed or unregistered, or uninspected; or
B.
Abandoned, wrecked, stored, discarded, dismantled, or partly
dismantled, or inoperable; or
C.
Being used for any and all purposes other than as a motor vehicle;
or
D.
Not in condition for legal use upon the public highways.
JUNK WATERCRAFT
Any abandoned or discarded boats (including motorized and
nonmotorized), canoes, kayaks, and jet skis, all of which may or may
not be required to be licensed and which are unusable due to mechanical
defects.
MOTOR VEHICLE
Any vehicle, as defined by New York State Vehicle and Traffic
Law, which is required to be licensed, including all vehicles propelled
or drawn by power other than muscular power originally intended for
use on public highways, including, but not limited to, automobile,
including antique and classic cars, bus, trailer, truck, tractor,
motor home, RV, motorcycle and minibike. The vehicle shall not be,
at any time, in a state of major disassembly, disrepair or in the
process of being stripped or dismantled.
NOXIOUS PLANTS
Those plants that are dangerous to the physical health of
humans, animals, or plants or capable of causing damage to humans,
animals, or plants. Noxious plants shall include, but are not limited
to, poison ivy, poison oak, and poison sumac.
OWNER
Includes an individual or individuals, society, club, firm,
partnership, corporation or an association of persons, and the singular
number shall include the plural number.
OWNER OF A MOTOR VEHICLE
A person, other than a lien holder, having possession or
title to a motor vehicle. The term includes person entitled to the
use and possession of a motor vehicle subject to a security interest
in another person and also includes any lessee or bailee of a motor
vehicle having the exclusive use thereof, under a lease or otherwise,
for a period of 30 days or greater.
RUBBISH
A.
Shall include, but is not limited to, the following:
(1)
Lumber, junk, debris, building, construction or demolition materials/debris,
or any other deleterious materials.
(2)
Any abandoned, discarded or unused objects or equipment, such
as, but not limited to, automobile parts, furniture, stoves, refrigerators,
freezers, appliances, cans, containers, vehicle tires, inoperable
lawn and snow equipment, whether motorized or not, and any lawn furniture,
or children's play or playground equipment, swimming pools, hot
tubs and spas, and any and all tangible personal property no longer
intended or in condition for ordinary and customary use.
(3)
Any compost pile which is of such a nature as to spread or harbor
disease, emit unpleasant odors or gas, or attract rodents, vermin
or other disease-carrying pests, animals, or insects.
(4)
Any unsanitary matter or materials.
A. However, for purposes of this chapter, the term "rubbish," shall
not include any of the foregoing if stored within enclosed containers.
SEASONAL MOTOR VEHICLE
A vehicle to be used during a specific time period in the
Town as per typical seasons, such as, but not limited to: 1) running
from April 16 to October 31 and 2) only during the Town determined
winter parking season which runs from November 1 to April 15. Such
seasonal vehicles may include, but are not limited to, a motor vehicle
with or without a removable roof, jet ski, a boat, whether or not
motorized, ATV, snowmobile, and snowplow truck less than 10,000 pounds
and recreational vehicle.
SOLID WASTE
As defined in §
162-2 of the Town of Van Buren Code and those materials specified in Title 6 of New York Codes, Rules and Regulations, Section 360-1.2, as the same may be amended, superseded, or replaced.
YARD WASTE
Vegetative or organized plant materials resulting from lawn
maintenance or other horticultural gardening or landscaping activities
and includes, but is not limited to, grass, leaves, pruning, brush
or shrubbery or portions thereof severed from their roots, or uprooted
trees, brush, shrubs, including clippings and old matter from flower
gardens, and tree trimmings/limbs up to four inches in diameter, Christmas
trees and garden materials.
WEEDS
Wild, useless, uncultivated plants and vegetation growing
at random in inappropriate locations and at the whim of nature in
locations not specifically intended.
WORKING/FARM OPERATION
Shall have the same meaning as set forth and defined by the
New York State Agriculture and Markets Law.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless an unsafe condition is immediately remedied, removed or repaired, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the remedy, removal or repair of such unsafe condition. The expense of such remedy, removal or repair shall be a charge against the property on which it is located and shall be assessed, levied and collected as provided in §
145-8.