[HISTORY: Adopted by the Board of Trustees
of the Village of Wappingers Falls as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-10-1984 by L.L. No. 5-1984]
[Amended 7-14-2010 by L.L. No. 9-2010]
The outdoor storage of one or more abandoned,
junk, discarded, dismantled, unlicensed or unregistered vehicles on
privately owned property within the Village of Wappingers Falls is
detrimental to the health, safety and general welfare of the community
and constitutes a detriment to a clean, wholesome, safe and attractive
environment that is important to the community. The storage of such
vehicles endangers the person and property of members of the community
and constitutes a potential nuisance to the children of the community.
The fuel tanks of abandoned or junk vehicles contain gasoline or petroleum
fumes and constitute an ever-present danger of explosion. The abandoned
or junk vehicles often contain broken glass and sharp metal edges
and usually are stored or abandoned with batteries containing harmful
acids. The control of the outdoor storage of abandoned or junk vehicles
on privately owned property in the Village of Wappingers Falls is
therefore regulated for the preservation of the health, safety and
general welfare of the community.
As used in this article, the following terms
shall have the meanings indicated:
The intent of the owner of a vehicle not to use it on the
public highways or as a conveyance in the manner for which said vehicle
was originally designed shall establish it as "abandoned." The intent
of the owner shall be determined by the physical condition of the
vehicle, any statements as to its abandonment, the length of time
since the vehicle was last used, whether the vehicle is currently
licensed and other relevant facts.
Any vehicle which the owner thereof as established by the
surrounding circumstances does not intend to recover the possession
of, or any vehicle of which the owner cannot be found after due and
reasonable inquiry.
Any vehicle in such condition as to cost more to repair and
to place the same in operating condition than the reasonable market
value before such repair.
Any person, firm, corporation or association having the property
in or title to a vehicle, including a person entitled to the use and
possession of a vehicle subject to a security interest in another
person, and including any lessee or bailee of a vehicle having the
use thereof under lease or otherwise.
Includes all parcels of real property privately owned, situated
in the Village of Wappingers Falls, whether occupied or vacant.
Any vehicle which may be licensed or registered with the
State of New York and is not currently registered. The fact that a
vehicle which may be licensed or registered with the State of New
York does not display a current license plate or displays an expired
license plate shall be presumptive evidence of the fact that such
motor vehicle is not currently licensed or registered. Seasonal motor
vehicles having a license plate that expired less than six (6) months
previously shall not be considered unlicensed.
Every motor vehicle or other conveyance originally designed
and intended to be operated, drawn or driven or capable of being operated,
drawn or driven upon a public highway, together with all conveyances
popularly referred to as "snowmobiles," "all-terrain vehicles" and
"jitneys," as well as any other substantially rebuilt, modified or
altered motor vehicles. For the purpose of this article, the term
"motor vehicle" shall include but not be limited to automobiles, trucks,
buses, motorcycles and trailers of every type and description.
[Amended 7-14-2010 by L.L. No. 9-2010]
It shall be unlawful for any person, firm or
corporation, either as owner, occupant, lessee, agent, tenant or otherwise,
of property within the Village of Wappingers Falls to store or deposit
or cause or permit to be stored or deposited an abandoned, junk, discarded,
unlicensed or unregistered vehicle, or part or piece thereof, on any
private property within the Village of Wappingers Falls, unless:
A.
Such vehicle is stored or deposited in a completely
enclosed building.
B.
Such vehicle is under repair, reconstruction or refurbishing
by the owner thereof who must actually be residing upon the premises.
Such vehicle must be so maintained and protected so as not to create
any safety hazard or nuisance to surrounding property owners and shall
not remain on the premises for more than 30 days.
[Amended 9-12-2012 by L.L. No. 6-2012]
C.
Such vehicle is temporarily stored in compliance with Chapter 151, Zoning, on the premises of a duly authorized motor vehicle service station or body repair shop within the Village of Wappingers Falls and shall not remain on the premises for more than six months.
D.
Such vehicle is a camping house or boat trailer otherwise
stored and used in compliance with the local laws and ordinances of
the Village of Wappingers Falls.
[Amended 7-14-2010 by L.L. No. 9-2010]
The enforcement officer, upon detecting an abandoned,
junk, discarded, unlicensed or unregistered vehicle, shall serve written
notice to the person owning the premises on which the same is located
ordering such person to remove the same or cause the same to be removed
therefrom within 10 days of the date of such service or file written
notification that the vehicle has been abandoned on his property by
another. Such notice shall also contain a description of the premises,
a statement as to the location thereon of the vehicle, reference to
this article and to the fact that the location of such vehicle on
such premises is in violation of this article. If such premises are
owned by more the one person, personal service on any one of such
owners shall suffice; however, as to any owner not personally served
with such notice or if no owner can be located upon whom to make personal
service, the enforcement officer shall mail such notice to owners
not personally served or to the owner and to all the owners, if no
owner was personally served, by registered mail to their or his last
known address as shown on the latest completed assessment roll of
such Village.
[Amended 11-13-1991 by L.L. No. 5-1991; 7-14-2010 by L.L. No. 9-2010]
Failure to remove a junk, abandoned, discarded,
unregistered or unlicensed vehicle, after notice, is a violation of
this article and is hereby declared to be an offense punishable by
a fine not less than $75 nor more than $500 or imprisonment not exceeding
15 days. Each day's continued violation shall constitute a separate
and additional offense.
[Amended 7-14-2010 by L.L. No. 9-2010]
Any person who shall willfully or intentionally
place any vehicle that is abandoned, junk, discarded, unlicensed or
unregistered, as defined herein, upon property not owned, leased or
lawfully occupied by such person shall be deemed to have violated
this article and be subject to all the penalties herein provided.
[Adopted 10-10-1984 by L.L. No. 7-1984]
As used in this article, the following terms
shall have the meanings indicated:
Includes all portions of the Village highway or street owned
or maintained by the village or used for public travel, including
licensed or unlicensed vehicles.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street or highway, including
but not limited to automobiles, trucks, buses, motorcycles, campers,
mobile homes and trailers of every type and description, whether said
vehicles are licensed or unlicensed.
A.
The Superintendent of Highways shall have the power
to cause the removal and disposal of any vehicle left unattended for
more than 24 hours within the right-of-way of any Village street or
any other public property of the village.
B.
The Superintendent of Highways shall have the power
to cause the immediate removal from the right-of-way of any village
street any vehicle which obstructs or interferes with the use of such
street for public travel or which obstructs or interferes with any
operation of the Village Highway Department during a public emergency.
Where a vehicle has been removed, then the owner
of the vehicle shall be charged the cost of removal, disposition and
storage thereof. The schedule of such costs shall be fixed by the
order of the Board of Trustees.
The Village shall cause to be made, as to any
vehicle removed pursuant to this article, a report to the Commissioner
of Motor Vehicles required in the Vehicle and Traffic Law.
Where the vehicle has been in the possession
of the Village for more than 30 days and is unclaimed, then the Mayor
or other Village official, as designated by the Board of Trustees,
may sell the same at public sale, upon notice of such sale being posted
conspicuously in at least three public places in the Village at least
six days before the date of sale. The official conducting the sale
may, in his discretion, give other publicity to such sale or he may
delay the sale in the interest of justice.
