[HISTORY: Adopted by the Board of Trustees of the Village of Canisteo 3-1-1999 by L.L. No. 1-1999[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 105, Vehicles, Abandoned, of the 1989 Code, adopted 7-11-1983 by L.L. No. 5-1983, as amended.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED, JUNKED OR INOPERATIVE MOTOR VEHICLE
(1) 
Any motor vehicle, as defined in the Vehicle and Traffic Law of the State of New York, that meets any of the following criteria:
(a) 
Unlicensed, wrecked, discarded, dismantled or partly dismantled.
(b) 
Being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some or all of the materials therein for the purpose of disposing of the same.
(2) 
With respect to any motor vehicle not required to be licensed or not usually used on public highways, the fact that such motor vehicle has remained unused for more than 10 days shall be presumptive evidence that such motor vehicle is an abandoned, junked or inoperative motor vehicle.
ENFORCEMENT OFFICIAL
The Code Enforcement Officer, or police officer if such vehicle is a safety hazard or by written complaint submitted to the Village.
OWNER OF PRIVATE PROPERTY
Any person, firm, partnership or corporation, whether business or not-for-profit or religious, charitable or otherwise, or any purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises of private property or any other unit or entity owning real property in the Village of Canisteo.
B. 
Word usage. The use of the singular herein is intended, where applicable, to include the plural.
The fact that a motor vehicle may be licensed or registered with the State of New York but does not display a current registration shall be presumptive evidence that such motor vehicle is unlicensed.
It shall be unlawful for any person within the Village of Canisteo to store or deposit or cause, suffer or permit to be stored or deposited an abandoned, junked or inoperative motor vehicle or part or piece thereof on any private property within the Village, except within a garage or other permanently enclosed building.
Any abandoned, junked or inoperative motor vehicle found by the enforcement official to be in violation of § 105-3may be removed from the premises on which it is located in the following manner:
A. 
The enforcement officer shall serve written notice on the owner of the private property on which the vehicle is located, ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of said service. The enforcement official may determine the ownership of any parcel of land in the Village from the current assessment roll.
B. 
In the event that said abandoned, junked or inoperative motor vehicle or vehicles are not removed from the premises within the time required in the notice, the Village or its representative shall have the right to enter upon the premises and to remove and dispose of the abandoned, junked or inoperative motor vehicle or vehicles. The expense of such removal and disposal shall be a lawful charge against the owner of the private property and may be collected, if necessary, in a civil action instituted in the name of the Village.
A. 
In addition to any expenses which may be collected pursuant to § 105-4B above, any person committing an offense against this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute a separate and distinct offense hereunder.
B. 
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
A. 
The duration and applicable exemption permit fee shall be as set forth from time to time by resolution of the Board of Trustees. Permits are available at the office of the Village Clerk during regular business hours.
[Amended 5-7-2012 by L.L. No. 2-2012[1]]
[1]
Editor's Note: This local law also included a schedule with a list of specific fees and wording indicating that the duration of and applicable fees for various permits, licenses and/ or fees shall be as set forth from time to time by resolution of the Village Board of Trustees and that fees listed elsewhere in the Village's Code shall be preempted by fees in the schedule. Said schedule is on file in the Village offices.
B. 
The permit is for one motor vehicle for one time only.
C. 
The purpose of the permit is to:
(1) 
Allow person(s) to make roadworthy a newly purchased motor vehicle, i.e., to make repairs, etc.
(2) 
Provide for sale of a single vehicle by a residential owner.
(3) 
Provide for resident(s) on extended vacation.
D. 
The permit must be displayed in a window of the vehicle, visible from the street.
E. 
No permit is needed for New York State-registered motor vehicle repair shops or car dealers. These facilities are exempt.