[HISTORY: Adopted by the Town Board of the Town of Irondequoit 1-20-1977
as Ch. 152 of the 1977 Code; amended in its entirety 5-18-1999 by L.L. No.
4-1999. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Outdoor Storage
of Motor Vehicles Law of the Town of Irondequoit."
[Amended 4-23-2002 by L.L. No. 9-2002]
The outdoor storage of unlicensed/unregistered and junked motor vehicles
on privately owned property or within a public right-of-way within the Town
of Irondequoit 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 Irondequoit) 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 public
highway, without substantial repair.
Any area, lot, land, parcel, building or structure or part thereof
used 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 as defined at § 235-104B of this Code.
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 Irondequoit.
Includes all parcels of real property not owned by any unit of government
situated in the Town of Irondequoit, 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.)
Any motor vehicle that is without a current registration of the State
of New York or any other state and properly issued and attached license plates
of the State of New York or any other state thereto.
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 Irondequoit 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 for such duly authorized collision repair
shop. If a site plan is not on file with the town for such duly authorized
collision repair shop, said duly authorized collision repair shop will be
required to file such site plan with the Town Planning Board within two weeks
upon written notification thereof unless extended for due cause, in writing,
by the Director of Development Services.
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
within the Town of Irondequoit 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 private 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 seven cumulative or consecutive days within 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 cumulative
or consecutive days 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 site plans 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 for such duly authorized service station or repair
shop, said duly authorized service station or repair shop shall be required
to file such site plan with the Town Planning Board within two weeks upon
written notification thereof unless extended for due cause, in writing, by
the Director of Development Services.
[Amended 4-23-2002 by L.L. No. 9-2002]
The Commissioner of Public Works/Superintendent of Highways, and/or
the Director of Development Services or his or her designee, and/or the Irondequoit
Police Department and/or its designee, are hereby authorized to enforce the
provisions of this chapter.
[Amended 4-23-2002 by L.L. No. 9-2002]
A.
If the provisions of this chapter are believed to be
violated, the 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 in violation of this chapter.
The enforcement officer may determine ownership of any parcel of land in the
Town of Irondequoit 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 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 the Town of Irondequoit police impound area or such other place as the Town Board may from time to time designate. Thereafter, the enforcement officer or his or her duly authorized representative may, pursuant to Article 150 of the Criminal Procedure Law, as amended or changed, and Municipal Home Rule Law § 10, Subdivision 4(a), as amended or changed, 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 of Irondequoit Justice Court 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. In addition, the expenses of such notice shall be collected in a civil action instituted in the name of the Town or in accordance with the provisions of § 225-7 of this chapter.
D.
Unlicensed/unregistered or junked vehicles within a public
right-of-way shall be removed by order of the Commissioner of Public Works/Superintendent
of Highways, and/or the Director of Development Services or his or her designee,
and/or the Irondequoit Police Department and/or its designee, who has total
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 Class A violation, punishable as provided in § 1-16. A violation of this chapter shall also subject the violator to a civil penalty of the greater of $50 per separate violation or the town's costs of inspection, service of notices, removal, towing and permanently disposing of such unlicensed/unregistered or junked motor vehicles, less any penal monetary fine which may have been imposed. Any person, firm or corporation who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Town of Irondequoit 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 misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
