[HISTORY: Adopted by the Town Board of the Town of Corinth 4-8-2004
by L.L. No. 3-2004. Amendments noted where applicable.]
The presence of abandoned or unregistered motor vehicles can constitute
a hazard to property and persons and creates a public nuisance. The vehicles,
their components and contents may be highly flammable; batteries and other
elements of such vehicles can contain acids and other matter potentially harmful
to humans; and such vehicles frequently contain sharp metal or glass edges
or points upon which a human could receive serious cuts and abrasions. These
vehicles can constitute an attractive nuisance to children and certain adults
and the presence of such vehicles is unsightly and tends to detract from the
value of surrounding land and property. This chapter is intended to regulate
and control the presence of abandoned or unregistered motor vehicles to protect
the public health, safety and general welfare.
This chapter is adopted pursuant to Municipal Home Rule Law § 10 and is specifically intended to supersede the provisions of Corinth Town Code § 87-8, which is hereby repealed.
As used in this chapter, the following terms shall have the meanings
indicated:
Left unattended with all right, title, claim and possession relinquished
and with the intention of not reclaiming it nor resuming its ownership, possession
or employment.
A passenger auto, truck, tractor-truck, trailer, bus, motorcycle,
mobile home or other vehicle however propelled (except a vehicle propelled
by muscle power) and also excepting tractors, bulldozers, machinery and equipment.
An individual, an association, a partnership and/or a corporation.
Not registered in accordance with the Vehicle and Traffic Law of
the State of New York.
A.Â
It shall be unlawful for any person to park, store, place
or otherwise deposit any abandoned or unregistered motor vehicle in on or
upon any premises, whether public or private, within the boundaries of the
Town of Corinth, exclusive of the Village of Corinth.
B.Â
It shall be unlawful for any person to suffer or permit
the parking, storage, placing or otherwise depositing of any abandoned or
unregistered motor vehicle in, on or upon any premises, whether public or
private, within the boundaries of the Town of Corinth, exclusive of the Village
of Corinth.
This chapter shall not apply to the following persons:
A.Â
Persons who are dealers in secondhand, junk and auto
parts activities and businesses, provided that such persons are licensed to
conduct such activities and such persons comply with the Town Code provisions
regulating such activities.
B.Â
Persons who are dealers in new or used motor vehicles,
provided that such persons are authorized by the State of New York to conduct
such activity, and provided, further, that the presence of unregistered motor
vehicles is limited to the principal place of business of such dealers.
C.Â
Persons who have failed through error or inadvertence
to properly register any motor vehicle as required by law.
D.Â
Persons who have discontinued their registration on a
temporary basis which shall not exceed six months.
E.Â
Persons whose unregistered motor vehicle is specifically
exempted from registration by the Vehicle and Traffic Law of the State of
New York.
F.Â
Persons whose unregistered motor vehicle is used principally
for the purpose of automobile racing and which motor vehicle, in fact, is
so used at least once every nine months on a sanctioned track with written
proof of same.
G.Â
Persons having a maximum of one unregistered vehicle
in running condition for snowplowing and/or snow removal.
H.Â
Persons whose unregistered vehicles are parked, stored,
placed or otherwise deposited in an enclosed permanent structure, such as
a garage or barn.
I.Â
Persons whose unregistered vehicles are regularly used
on the premises for agricultural purposes.
A.Â
Any person who commits or permits any acts in violation
of this chapter shall be deemed to have committed an offense against such
chapter, and such person shall be given written notice of said violation with
a period of 15 days from receipt of said notice to correct said violation.
Each day such violation shall continue or to be permitted to exist after the
fifteen-day period has expired shall constitute a separate violation.
B.Â
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more than
$250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
C.Â
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the Town in the amount of $100
for each offense. Such penalty shall be collectible by and in the name of
the Town for each day that such violation shall continue.
D.Â
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of this chapter.
