A recent canvas of the community has disclosed increasing evidence of
the uncontrolled placing or maintenance of junked, abandoned and discarded
motor vehicles on private property. The Board of Trustees finds that this
condition left unregulated constitutes an unsightly, unsafe and dangerous
condition. This chapter is written toward promoting and protecting the public
safety, health and general welfare of the community.
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED OR JUNKED VEHICLE
Any motor vehicle, including a trailer (motorized or not), which
is without a currently valid license plate or plates and is in such a rusted,
wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned
condition so as to be no longer intended or in condition for legal use on
the public highways.
[Amended 2-9-1990 by L.L.
No. 3-1990]
MOTOR VEHICLE
Every vehicle originally designed or 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 shall 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 who is the owner, contract purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private premises
or private property located within the Village of Westhampton Beach.
PREMISES or PROPERTY
Includes all parcels of real property which are situated in the Village
of Westhampton Beach, whether occupied or vacant.
The enforcement officer, Building Inspector or any delegated Ordinance
Inspector shall make the determination as to whether any particular vehicle
shall be classified as a junk vehicle and shall consider the following in
making this determination: the physical condition of the vehicle, any statements
as to its abandonment by the person in legal control thereof, the length of
time it was last used on the public highways, whether the vehicle is currently
licensed, whether or not the owner thereof intends to recover the vehicle
or whether or not the owner can be found after due and reasonable inquiry
and any other relevant facts.
It shall be unlawful for any person, firm or corporation to store or
place or cause or permit to be stored or placed a junked motor vehicle or
part or piece thereof on any property within the Village of Westhampton Beach
unless:
A. Such motor vehicle is stored or placed on a premises
legally used, operated and located for a junkyard;
B. Such motor vehicle is stored or placed in a completely
enclosed building;
C. Such motor vehicle is the inventory or part of the inventory
of a new or used motor vehicle dealer located in compliance with the ordinances
and laws of the Village of Westhampton Beach;
D. Such motor vehicle has been converted to and is actually
used as a permanent building or structure for carrying on purposes in such
manner and circumstances as authorized by the ordinances and laws of the Village
of Westhampton Beach; or
E. Such motor vehicle is a camping house or boat trailer
otherwise stored and used in compliance with the ordinances and laws of the
Village of Westhampton Beach.
In the event that an owner, occupant or person having charge of private
property or other person responsible for such junked vehicle is found guilty
of a violation of this chapter, such person shall be given a reasonable period
of time to either remove the vehicle or bring it into compliance with this
chapter. If such vehicle is not either removed or brought into compliance
with this chapter within a reasonable time, the Village Justice may issue
an order directing the removal of said motor vehicle by the Village of Westhampton
Beach Police or by a person engaged in the towing business within the Village
of Westhampton Beach.
The provisions of this chapter shall be enforced by the Police Department
of the Village of Westhampton Beach and/or Building Inspector and/or Ordinance
Inspector duly designated.