[Adopted 10-16-1989 by L.L. No. 3-1989[1]; amended 9-18-2006 by L.L. No. 4-2006]
[1]
Editor's Note: This local law also superseded former Art. III, Junk Vehicles, adopted 6-15-1987 by L.L. No. 3-1987.
A. 
For the purpose of promoting a clean, wholesome and attractive environment, it is declared to be of importance to the health, safety and welfare of the inhabitants of the Town to safeguard their material rights against unwarranted invasion. Such an environment is deemed essential to the maintenance and continued development of the economy of the Town.
B. 
The unrestrained accumulation of inoperable motor vehicles is a hazard to such health, safety and welfare of the citizens of the Town, necessitating the regulation, restraint and elimination thereof. This chapter is enacted in recognition of the fact that even a single inoperable, unregistered or junk vehicle, as defined in § 44-26, abandoned or stored on private or public property:
(1) 
Can constitute both a public and private nuisance.
(2) 
Is a source of potential hurt to children and others who find it an attractive nuisance.
(3) 
Is often replete with broken glass and sharp, torn metal edges and hurtful acids in batteries, to mention a few of the obvious sources of physical hurt found in junk vehicles.
(4) 
Constitutes a blight on the Town of Chenango landscape.
(5) 
Destroys the aesthetic qualities of the Town and is generally unsightly.
(6) 
Tends to depreciate not only the property on which it is located but also the property of other persons in the neighborhood and the Town generally.
(7) 
Makes the Town a less safe and pleasant place in which to live and do business.
(8) 
Damages to welfare of the Town as a whole.
(9) 
Tends to result in the uncontrolled growth of grass and weeds.
(10) 
Tends to result in uncontrolled collection of debris.
(11) 
Tends to be a breeding ground for insects, rodents and similar harmful creatures.
This article may be known and cited as the "Town of Chenango, Inoperable, Unregistered and Junk Vehicle Ordinance."
A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the singular includes the plural when used herein. The term "shall" is always mandatory.
B. 
Used in this article, 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 or will be maintained in or restored to a condition which is substantially in conformance with the manufacturer's specifications.
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.
COMMERCIAL GARAGE
Any business repairing motor vehicles or any part thereof.
ENFORCEMENT OFFICER
The person appointed by the Town Board, or his designated deputy, to perform the duties herein conferred on the enforcement officer.
GASOLINE STATION
A building or land that is used for the sale of motor fuel, oil and motor vehicle accessories and which may include facilities for lubricating, washing or servicing motor vehicles, but not including painting or major repairs.
INOPERABLE, UNREGISTERED OR JUNK VEHICLE
Any motor vehicle, whether automobile, bus, trailer, truck, tractor, mobile home, motorcycle, motor bicycle, minibicycle or snowmobile or any other contraption originally intended for travel on the public highways which is abandoned, stored, left or located by its owner or any other person or is permitted or condoned to be abandoned, stored, left or located by its owner or any other person on public or private premises in the Town of Chenango, outside of a junkyard which has a permit to operate in the Town of Chenango, which vehicle:
(1) 
Is not registered by the State of New York for operation on public highways and which has not been registered during the preceding six months.
(2) 
Is not currently registered and not in a condition for legal use on the public highways. A vehicle which is in condition to pass the requirements for the New York State motor vehicle inspection sticker shall be deemed in condition for legal use on public highways.
(3) 
Is no longer intended to be used on the public highways, the condition of the vehicle and circumstances surrounding its storage or abandonment being admissible for purposes of determining such intent.
(4) 
Is 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 or for the purpose of disposing of the same.
JUNKYARD
Land or a building used for the collecting, storage or sale of waste paper, rags, scrap metal or discarded material or for the collecting, wrecking, dismantling, storage, salvaging or sale of vehicles or machinery parts.
OPEN STORAGE
Storage in other than a completely enclosed structure such as a garage, and such structure shall be constructed of wood, masonry or metal.
PERSON
Includes an individual, firm, partnership, association, corporation, company or organization.
REPAIR SETTLEMENT
Determination by whatever means, including settlement of a claim, arbitration or legal action, that any person other than the owner of a vehicle is liable to pay or will pay for the repair of damage to a vehicle resulting from any vehicular accident.
TOWN
Includes all areas within the Town of Chenango, both publicly and privately owned.
WRECKER
Any business operating a vehicle for towing or hauling other motor vehicles.
[Amended 6-10-2020 by L.L. No. 4-2020]
A. 
Except as provided for in statute, local law, ordinance or other regulations, two or more inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and no vehicle shall at any time be left in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Any above permitted vehicles shall be stored in accordance with all setback requirements and behind the front line of the principal use.
B. 
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designated and approved for such purposes.
A. 
The enforcement officer or constable shall give written notice by personal service or by registered or certified mail on the owner of the inoperable, unregistered or junk vehicle or on the owner or tenant of any property on which the vehicle is openly stored. Such notice shall direct the person so served, regardless of the ownership of the vehicle, if the property owner or tenant is served, to terminate the open storage of such vehicle in the Town within:
(1) 
10 days of personal service.
(2) 
13 days from mailing, where service is by registered or certified mail.
B. 
The notice shall state that if the person served contends that said vehicle is not an inoperable, unregistered or junk vehicle, as herein defined, that he shall notify the enforcement officer or constable in writing of such contention within:
(1) 
10 days of personal service.
(2) 
13 days of the date of mailing, where service is by certified or registered mail.
C. 
The person served shall allow a representative of the Town to inspect such vehicle with the person served or a representative of the person served within five days of such notification. Within five days after such inspection, the Town of Chenango shall inform the person served of its findings, in writing, by personal service or by certified or registered mail. If the findings are that one or more of the vehicles specified in the original notice are being stored by the person served with the original notice, said person shall terminate open storage of said vehicle within the Town of Chenango within:
(1) 
Five days of personal service of such findings.
(2) 
Eight days of mailing, where service of such findings is by registered or certified mail.
D. 
If the person so served institutes a proceeding under Article 78 of the Civil Practice Law and Rules to set aside said determination, such termination of storage shall not be required pending a decision on the proceeding. If the court's decision upholds the Town of Chenango's determination, open storage of the vehicle within the Town shall be terminated within five days following service of notice of entry of court order or, if an appeal is taken and a court stay of execution is granted, within five days of the expiration of the stay of execution.
A. 
Upon written application, the Town of Chenango enforcement officer or constable may issue a permit for the open storage of an inoperable, unregistered or junk vehicle, as defined by this article, pending the making of such repairs as are necessary to place said vehicle in a condition for legal operation for use on a public highway. The applicant must agree, in writing, that if said repairs have not been made by the end of the permit period that he, the applicant, will terminate open storage of the vehicle within the Town of Chenango. This application must be accompanied by a fee of $5. Permits shall be issued for a period not to exceed six months.
B. 
The application, on forms furnished by the Town of Chenango, shall state:
(1) 
The name, address and telephone number of the applicant. The applicant shall be the owner of the vehicle.
(2) 
The name, address and telephone number of the owner or tenant of the property where the vehicle is stored. If the owner of the vehicle is not the owner or tenant of the property where the vehicle is stored, written permission from the owner or tenant of the property must accompany this application to allow storage of the vehicle during the permit period.
(3) 
The make, model, year of manufacture, serial number, type (pickup truck, four-door sedan, etc.) and color.
(4) 
The most recent year of registration, state registered in, plate number and registration number.
(5) 
The expiration date of the most recent state inspection and serial number of the inspection sticker.
(6) 
A full description of the repairs to be made on the vehicle so that it will comply with this chapter.
(7) 
What person will make the repairs.
(8) 
The place where the vehicle is presently stored.
(9) 
The place where repairs will be made.
(10) 
That the owner intends to bring said vehicle into compliance within six months.
C. 
If the applicant is the owner or tenant in possession of the property where the vehicle to be restored is stored, as part of the application, he shall give the Town and its designees a license to enter such premises for the purpose of inspection and removal of the vehicle from the premises following the expiration of the permit if, at such time, said vehicle is an inoperable, unregistered or junk vehicle as herein defined.
D. 
If the applicant is not the owner or tenant in possession of such premises, the application shall include a license from the owner or tenant in possession of said premises to permit such inspection and removal.
E. 
Such licenses shall also state that the Town of Chenango shall have the right to make such inspection and removal from any other premises owned by the applicant or the licensor to which such vehicle may be moved within the Town of Chenango. Such license shall state that it is irrevocable for a period of 90 days from the expiration of the permit.
F. 
A separate permit shall be required for each separate vehicle to be restored. In no event shall more than two compliance permits be issued for a given property at any one time.
G. 
No permit shall be issued after the original notice provided in § 44-28 has been personally served or mailed by registered or certified mail, unless the applicant supplies the enforcement officer or constable with an affidavit stating that he had no knowledge of the Town of Chenango Inoperable, Unregistered or Junk Vehicle Ordinance and the requirement that a permit be acquired for the restoration of inoperable, unregistered or junk vehicles.
H. 
Inspection after the permit period has expired shall be at a time specified in a notice of inspection or not less than three days notice, either personally or by mail.
I. 
The applicant may participate in the inspection. The procedure outlined in § 44-28 for the service of the determination, time for removal following such service and for stays on appeal shall apply to expired permit proceedings.
A. 
Upon written application, the Town of Chenango enforcement officer may issue a permit for the restoration of an antique or classic vehicle, as defined by this article. The permit shall be issued for a period not to exceed 12 months and may be extended once only for an additional period of three months upon a satisfactory showing that the vehicle restoration will be completed with the additional three-month extension period. The fee for the permit shall be $5, and the fee for an extension shall be 1.
B. 
The application for a restoration permit shall be on forms furnished by the Town of Chenango and shall state:
(1) 
The name, address and telephone number of the applicant. The applicant shall be the owner of the vehicle.
(2) 
The name, address and telephone number of the owner or tenant of the property where the inoperable, unregistered or junk vehicle is stored. If the owner of the vehicle is not the owner or tenant of the property where the vehicle is stored, written permission from the owner or tenant of the property must accompany this application to allow storage of the vehicle during the permit period.
(3) 
The make, model, year of manufacture, serial number, type (pickup truck, four-door sedan, etc.) and color.
(4) 
The most recent year of registration, state registered in, plate number and registration number.
(5) 
The expiration date of the most recent state inspection and serial number of the inspection sticker.
(6) 
What person will make the repairs.
(7) 
The place where the vehicle is presently stored.
(8) 
The place where repairs will be made.
(9) 
Certification that the owner intends to restore said vehicle within 12 months from the date of the application.
C. 
In the case of an application to restore a classic motor vehicle, the applicant must establish by satisfactory evidence that his vehicle complies with the definition in § 44-26.
Inoperable, unregistered or junk vehicles may be stored in junkyards that have met the requirements of this chapter and the Town of Chenango Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 73, Zoning.
Inoperable, unregistered or junk vehicles may be stored in areas designated by the Town Board of the Town of Chenango as temporary holding areas for such vehicles in the Town of Chenango or by persons under contract or agreement with the Town of Chenango for the disposal of said vehicles.
A. 
Provided that such operations are permitted by all applicable zoning laws and regulations, including rights under any nonconforming uses and including any limitations, restrictions or conditions established according to law by the Town Board, the Board of Appeals, the Planning Board or any court of competent jurisdiction and are not in violation of any applicable private restrictive covenant or agreement filed or recorded in the Broome County Clerk's office:
(1) 
Any wrecker may store inoperable, unregistered or junk vehicles on one site, but not on more than one site, within the Town, provided that said vehicles are not stored within the Town for more than 15 days.
(2) 
Any commercial garage may store inoperable, unregistered or junk vehicles on any one site, but not on more than one site, within the Town pending and during repair of such vehicles, provided that said vehicle is not stored within the Town for more than 60 days, unless a permit for an extension is issued by the enforcement officer.
B. 
Where a repair settlement is pending, in good faith, the foregoing time periods shall not start to run until either a repair settlement has been made or the inoperable, unregistered or junk vehicle has been stored within the Town of Chenango for four months.
C. 
For good cause shown, the enforcement officer may extend by permit any time period for such period of time as he determines is reasonably necessary to permit repair of an inoperable, unregistered or junk vehicle. The enforcement officer may refuse to permit such extended storage if he determines that the applicant has not attempted to complete repairs within the regular time period, is not in good faith or is in violation of this article in any way. A fee of $25 shall be paid for each permit, and the applicant shall agree that the vehicle will be repaired or disposed of at the end of such extension or any subsequent extension.
[Amended 10-3-1995 by L.L. No. 2-1995]
D. 
Records.
(1) 
Wreckers and commercial garages shall keep records showing the make, engine number, license plate number, if any, vehicle owner, vehicle owner's address, purpose for storage, any prior storage within the 12 months by them or, if known, by anyone else within the Town and the starting and ending dates of storage for each inoperable, unregistered or junk vehicle. Such records shall be shown to the Town officials upon request during business hours. Such records shall be prima facie evidence of the statements herein contained, but shall be rebuttable.
(2) 
In the absence of such records or other sufficient proof that said vehicle has not been stored in violation of this article, the operator of such business shall terminate storage of the vehicle within the Town within five days of receipt in person or within eight days of mailing of a notice to terminate such storage unless:
(a) 
He contends that the vehicle is not an inoperable, unregistered or junk vehicle and requests an inspection under § 44-28;
(b) 
He obtains a permit for extended storage for repair under this section; or
(c) 
He has established by sufficient proof that the storage period has not expired.
E. 
Anything in this article notwithstanding, any disabled vehicle may be stored on the premises of any gasoline station up to seven days.
Any vehicle being actively used for farming or snow removal shall be exempted from the provisions of this article, provided that:
A. 
The vehicles are being used on private property and are being held for continuing operation on private property and are not being held primarily for nonoperating purposes.
B. 
The vehicles, if not in a condition for legal operation on public highways, are in a condition so that they can be operated and so that such operation on the private property will not be unduly dangerous to the operator, passengers or others.
This article shall not be construed to prohibit the open storage, not to exceed four years, of a motor vehicle which is unregistered and is in operable condition and is owned by a member of the armed forces who is serving on active duty.
This article shall not apply to any legally operated and licensed car dealership selling new or used vehicles.
A. 
No legal action shall be taken against any person with regard to any violation of this article, which violation exists on the date of the enactment of this article, provided that such person terminates all violations by him, whether by removal, repair or permit, as herein provided, within the following periods:
(1) 
If, on the enactment date of this article, said person is in violation with respect to five or fewer inoperable, unregistered or junk vehicles, he terminates all violations by him within 30 days of said enactment date.
(2) 
If, on said enactment date, said person is in violation with respect to 15 or fewer inoperable, unregistered or junk vehicles, he terminates violations with respect to at least five vehicles within 30 days and with respect to the remaining vehicles within 60 days of said enactment date.
(3) 
If, on said enactment date, said person is in violation with respect to an excess of 15 inoperable, unregistered or junk vehicles, he terminates the violation with respect to at least five vehicles within 30 days, with respect to at least 15 vehicles within 60 days and with respect to all other inoperable, unregistered or junk vehicles within 120 days of said enactment date.
B. 
The sole effect of such amnesty period shall be to provide immunity from fine or punishment, and it shall not be interpreted as making legal for any other purpose the storage of any inoperable, unregistered or junk vehicle or to create any nonconforming use or to create any break in time with regard to the length of time that the storage of any vehicle has been illegal.
A violation of this article shall be punishable by a fine of up to $250 per violation or by imprisonment for up to 15 days, or by both. A violation of this article shall also subject the violator to civil penalty of the greater of $100 per separate violation or the Town's cost of inspection, service of notices, removal, towing and permanently disposing of such vehicles less any criminal monetary fine which may have been imposed. Each inoperable, unregistered or junk vehicle stored in violation of this article shall constitute a separate violation. Each week that such separate violation shall continue or be carried on shall constitute an additional separate violation.
The Town of Chenango enforcement officer may make reasonable rulings and may issue reasonable regulations in furtherance of and consistent with the intent of this article.