[Adopted as Secs. 9-32 and 9-33 of the 1970
Code]
[Amended 6-6-73]
The Town Board may establish a vehicle pound, which shall be a place or places to which vehicles may be removed by the Police Department or the Town Superintendent of Highways, and any vehicle left parked or standing in violation of any provision of Chapter
131 may be removed to the said vehicle pound by the Police Department or the Town Superintendent of Highways. No vehicle shall be removed from the vehicle pound until all costs of towing and storing the vehicle are paid in full.
The owner or operator of any vehicle removed to the vehicle pound pursuant to the provisions of §
134-1 shall be liable for the payment of charges for such removal and storage in addition to any fine or other penalty imposed.
[Adopted 6-7-72 as L.L. No.
1-1972]
The outdoor storage of abandoned, junked, discarded
and unregistered motor vehicles on privately owned property within
the Town of Orchard Park 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 containing gasoline or gasoline fumes may easily
explode. Such storage is unsightly and depreciates property values.
The control of the outdoor storage of abandoned, junked, discarded
and unregistered motor vehicles on privately owned properties within
the Town of Orchard Park is therefore regulated for the preservation
of the health, safety and general welfare of the community.
As used in this Article, the following terms
shall have the meanings indicated:
ABANDONED MOTOR VEHICLES
The intent of the owner of a motor vehicle not to use it
on the public high ways shall establish it as abandoned. The intent
of the owner shall be determined by all relevant facts, including
but not limited to any one of the following: the physical condition
of the motor vehicle, any statements as to its abandonment, the length
of time since the motor vehicle was last used on the public highways
and whether the motor vehicle is currently registered. With respect
to a motor vehicle not required to be registered or motor vehicles
not usually used on public highways, the intent of the owner shall
be determined by the physical condition of the motor vehicle, the
length of time since it was last used for the purposes intended and
any statements as to its abandonment, and other relevant facts.
DISCARDED MOTOR VEHICLE
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of, or any motor vehicle whose owner cannot be found after due and
reasonable inquiry.
JUNKED MOTOR VEHICLE
Any motor vehicle in such condition as to cost more to repair
and place the same in operating condition than the reasonable market
value before such repair.
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 Article the term "motor vehicle" shall include but not be
limited to automobiles, trucks, buses, motorcycles and trailers.
OWNER OF MOTOR VEHICLE
A person, firm or corporation having the property in or title
to a motor vehicle, including 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 Orchard Park.
PREMISES OR PROPERTY
Includes all parcels of real property privately owned, situated
in the Town of Orchard Park, whether occupied or vacant.
UNREGISTERED MOTOR VEHICLE
Any motor vehicle which may be registered with the State
of New York and is not currently registered. The fact that a motor
vehicle which may be registered with the State of New York does not
display a current license plate or displays an expired license plate
shall be presumptive evidence of the fact that such motor vehicle
is not currently registered.
Failure to remove the abandoned, junked, discarded
or unregistered motor vehicle within the periods prescribed above
is a violation of this Article.
Violations of this Article shall be punishable
by a maximum fine of $250 or by imprisonment for not more than 15
days, or both.
All motor vehicles shall be removed at the owner's
expense. Any person, firm or corporation who shall resist or obstruct
the duly authorized agents, servants, officers and employees of the
Town of Orchard Park in the removal and destruction of a motor vehicle
by order of the Town Court of the Town of Orchard Park shall be subject
to the fines and penalties provided herein.