The outdoor storage of junked, abandoned, unused or dangerous motor
vehicles or the parts therefrom within the Village of Colonie is a hazard
to the preservation of the public health, welfare and safety in that it constitutes
a health, fire and safety hazard and is an attractive nuisance to children,
which is a peril to their safety. Their outdoor storage constitutes a blight
on the Village's landscape; they are generally unsightly; and their existence
tends to depreciate the value of property in the neighborhood and the Village.
The control of the outdoor storage of junked, abandoned, unused or dangerous
motor vehicles or parts therefrom within the Village of Colonie is therefore
regulated for the preservation of the public health, safety and welfare of
its residents.
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED
Any motor vehicle, the ownership of which cannot be reasonably determined
or of which the owner does not intend to recover possession.
COMPETITION VEHICLES
Those vehicles which have been so modified for use on a track or
dragstrip that they cannot be legally operated on a public way.
DANGEROUS
Any motor vehicle which has smashed and broken windows and/or areas
of sharp and torn metal edges and points which cannot legally be operated
upon a public way.
HISTORIC MOTOR VEHICLE
A motor vehicle manufactured more than 25 years prior to the current
calendar year, which is owned and operated as an exhibition piece or collector's
item and is used for participation in club activities, exhibits, tours, parades,
occasional transportation and similar uses, but not used for general daily
transportation.
JUNKED MOTOR VEHICLE
Any motor vehicle which is unregistered by the State of New York
or any other state and is not operable.
LOT
A parcel of land as described on the Village Tax Map.
MOTORCYCLE
A motor vehicle having a seat or saddle for the use of the rider
and designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
MOTOR VEHICLE
Every vehicle which, if operated on the highways of this state, would
be required by law to be licensed by the Department of Motor Vehicles of the
State of New York.
OPERABLE
Any motor vehicle which can be registered in the State of New York
and which can be legally operated upon a public way. "Operable" condition
shall be determined in the sole discretion of the Code Enforcement Officer.
RECREATIONAL VEHICLE
Those vehicles which are either propelled by their own power or drawn
on the public highways and which are used as temporary residences, such as
tent trailers, travel trailers, campers or mini- and motor homes.
UNUSED
Any operable motor vehicle which is unregistered by the State of
New York or any other state and/or upon which is not displayed a valid state
inspection sticker.
UTILITY VEHICLE
Those vehicles having a seasonal or limited use, such as box trailers,
construction trailers and snow-removal or snowplowing equipment.
VEHICLE OWNER
A person, other than a lienholder, having the property in or title
to a vehicle. The term includes a person entitled to the use and possession
of a vehicle, subject to a security interest in another person, and also includes
any lessee or bailee of a motor vehicle having the exclusive use thereof,
under a lease or otherwise, for a period greater than 30 days.
This chapter does not apply to competition vehicles, recreational vehicles,
utility vehicles, motorcycles or historic vehicles, unless such vehicle is
abandoned or dangerous.
This chapter shall be enforced by the Village Code Enforcement Officer,
the Town of Colonie police and the Town Court.
Each violation of this chapter shall be a violation and shall be punishable
by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or
by both such fine and imprisonment. In addition to the penalties above described,
the Village may assess the costs of towing, as well as any of said penalties,
as a lien against the real property and levied on the general Village tax
bill.
In cases in which the Code Enforcement Officer determines that immediate
action to abate a direct hazard or imminent danger to the health, safety,
morals or welfare of the occupants of a building or of the public is required,
he shall promptly cause the removal of the motor vehicle, vehicles or parts
presenting such hazard or danger as a public nuisance; and the expense incurred
by the Village shall be assessed against the property upon which such vehicle
was found, which assessment shall constitute a lien and charge on such property
and shall be collected as provided by law for the collection of delinquent
taxes.