The outdoor storage of unregistered or abandoned
vehicles on privately owned property within the Town of Yorktown 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 all property values. The control of the outdoor storage
of unregistered or abandoned motor vehicles on privately owned properties
within the Town of Yorktown 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:
ABANDONED VEHICLE
Any motor vehicle not required to be licensed, or a motor
vehicle not usually used on public highways. The fact that such motor
vehicle has remained unused for more than six months, and is not in
a condition to be moved under its own power, shall presumptive evidence
that such motor vehicle is an abandoned motor vehicle.
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 chapter, the term "motor vehicle" shall include,
but is not limited to, automobiles, trucks, buses, motorcycles, snowmobiles
and trailers (except that "motor vehicle" does not include a motorized
mode transportation for use by the physically impaired).
OWNER OF MOTOR VEHICLE
A person, firm or corporation having title to the motor vehicle.
It will be the presumption that an owner of the property will also
be the owner of any vehicle stored on its property.
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 Yorktown.
PRIVATE PREMISES or PRIVATE PROPERTY
Includes all parcels of real property not owned by any unit
of government situated in the Town of Yorktown, whether occupied or
vacant, regardless of size, topography or location.
UNREGISTERED MOTOR VEHICLE
Any unregistered motor vehicle under §§ 125
and 401 of the New York State Vehicle and Traffic Law (except that
"motor vehicle" does not include a motorized mode of transportation
for use by the physically impaired) which is discarded, abandoned,
dismantled or partially dismantled, or which is in such deteriorated
condition that it cannot be legally operated upon the public highway
without substantial repairs.
In the event that an unregistered or abandoned
motor vehicle is not removed as prescribed above, the Town Board of
the Town of Yorktown shall thereafter hold the public hearing upon
legal notice thereof duly published in the official town newspaper.
After such hearing and upon making a determination that a violation
of this chapter exists, the Town Board may cause said unregistered
or abandoned motor vehicle to be removed from the premises and disposed
of or destroyed and direct that the expense of such removal and disposition
or destruction 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.
This chapter shall take effect immediately upon
filing in the office of the Secretary of State of New York in accordance
with the provisions of the Municipal Home Rule Law.