[HISTORY: Adopted by the Town Board of the Town of Marilla 2-14-2002
by L.L. No. 1-2002 (Ch. 197 of the 1999 Code). Amendments
noted where applicable.]
The purpose of this article is to regulate the outdoor storage of abandoned,
junked, discarded, or unlicensed motor vehicles upon private property within
the Town of Manila; to provide visual protection from these vehicles; to assist
in the prevention of fires and explosions; to promote the protection of property;
and to preserve the public health and reduce the attractive nuisance to children.
A.
Findings.
(1)
The outdoor storage of abandoned, junked, discarded or
unlicensed vehicles upon private property within the Town of Manila is hereby
declared to be detrimental to the health, safety and general welfare of the
community, aesthetically unattractive and detracting from the enjoyment of
the environment by said residents, tending to depreciate neighborhood property
values and is an infringement on their property and homes. The same also constitutes
a potential nuisance to the children of the community and may imperil their
safety.
(2)
The fuel tanks of abandoned, junked or discarded vehicles
containing gasoline on gasoline fumes constitute an ever-present danger of
explosion as well as the spillage of fuel and other vehicle liquid wastes
that present hazards to the environment. The abandoned, junked or discarded
vehicles also may contain broken glass and sharp metal edges, and such vehicles
usually are stored or abandoned with batteries containing harmful acids all
detrimental to the health and safety of the community.
(3)
The control of the outdoor storage of abandoned, junked
or discarded vehicles is therefore regulated for the preservation of health,
safety and general welfare of the community.
B.
Therefore, the outdoor parking or storage of motor vehicles
shall be in accordance with the provisions of this chapter of the Code of
the Town of Marilla.
As used in this article, the following terms shall have the meanings
indicated:
The intent of the owner of any vehicle, whether or not required to
be licensed or whether normally operated on public highways or not, shall
be determined by the physical condition of the vehicle, statements of the
owner as to its abandonment, the length of time since the vehicle last operated
on the highway, current status of license, registration or inspection and
other relevant facts.
A motor vehicle, but not a reproduction thereof, manufactured more
than 30 years prior to the current year and which, because of discontinued
production and limited availability, is considered to be a model or make of
significant value to collectors or exhibitors and which has been maintained
in or restored to a condition which is substantially in conformity with the
manufacturer's specifications and appearance.
A motor vehicle, but not a reproduction thereof, manufactured more
than 20 years prior to the current year, and which, because of discontinued
production and limited availability, is considered to be a model or make of
significant value to collectors or exhibitors and which has been maintained
in or restored to a condition which is substantially in conformity with the
manufacturer's specifications and appearance.
Any business licensed by the Town and/or state to repair motor vehicles
or any part thereof
Any vehicle(s) which the owner thereof, as established by the surrounding
circumstances, relinquishes ownership and possession of and any vehicle(s)
the owner of which cannot be found after due and reasonable inquiry.
The Code Enforcement Officer (CEO) or any peace officer or police
officer whose powers and duties are within or include the Town of Marilla.
Any vehicle used primarily in farming operations and the on-farm
production and maintenance of agricultural products, processing and marketing
of agricultural products including, but not limited to, the collection, transportation,
distribution, storage, transportation and use of equipment for tillage, planting,
harvesting, irrigation, fertilization and pesticide application for agricultural
products including fruits, vegetables, dairy products, livestock, poultry,
eggs, meat and/or other such products. As such, farm vehicles are specifically
classified under NYS Vehicle and Traffic (V&T) Laws and often exempt from
registration under such legislation.
Any place, licensed by the Town, for the storage or deposit of wrecked or junked motor vehicles, where two or more unlicensed, old or secondhand motor vehicles, whether in connection with another business or not, no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale, dismantling parts therefrom for resale or reclaiming for use, disposing of the same or for any other purpose all or some of the materials, whether iron, steel or nonferrous scrap, glass, fabric or otherwise. (See the definition of "junkyard" in § 700-8 of Chapter 700, Zoning, of the Code of the Town of Marilla for supplemental definition of junkyards that are not motor-vehicle-related.)
Any vehicle which for any reason is incapable, without repair, of
being moved or propelled by application of internal power, if it is a vehicle
originally designed to be propelled by internal power, or is incapable, without
repair, of being drawn or towed, if it is a vehicle originally designed to
be towed or drawn from behind an internally powered vehicle, and, as adjudged
by the standards of an ordinary reasonable man, is unsightly in appearance
because of the existence of one or more conditions, such as but not limited
to the following: deterioration by rust of the body, deterioration of the
exterior finish of the vehicle; broken windows; absence of component parts
of the vehicle (such as fenders, panels, doors, bumpers, headlights, hood,
trunk door, tires, wheels, grille, roof or tailgate); physical damage (such
as dents, cracks, scrapes, or holes) to component parts of the vehicle; and
absence of interior components (such as seats, dashboard or interior door
panels), or is incapable of being moved or propelled, drawn or towed without
repair as provided for hereinabove and has remained on any real property for
a period in excess of 90 cumulative days.
Storage other than in a completely enclosed structure constructed
of wood, masonry or metal.
The legal owner, contract purchaser, tenant, lessee, occupant, subtenant,
trustee, bailee, receiver or assignee of premises or real property located
within the Town of Marilla.
The person having the property and/or title, including a person entitled
to the use and possession of a vehicle, subject to a security interest of
another person, and also including any lessee or bailee of a vehicle having
the use thereof under lease or otherwise.
A natural person, individual, firm, partnership, association, corporation,
company, organization or other entity.
Determination by whatever means, including settlement of a claim,
arbitration or legal action, that any person other than the owner of a vehicle
is liable to pay or will pay for the repair of damage resulting from any vehicular
accident.
Fencing, landscaping or combinations of each that are of sufficient
height and density to completely hide the storage from public view.
All areas within the Town of Marilla, both publicly and privately
owned.
Any vehicle which may be licensed or registered for operation on
public highways and which has not been registered during the preceding six
months or is not currently registered and does not have a current New York
State motor vehicle inspection sticker affixed.
Any means of transport or conveyance operated, driven, drawn or capable
and intended to be operated, drawn or driven upon a public highway by power
other than muscular power. A vehicle shall include but not be limited to automobiles,
motorcycles, motorbikes, buses, all types of trailers, including trailers
used for storage, trucks, truck tractors, manufactured homes other than those
legally in use in an authorized manufactured home park, recreational vehicles,
snowmobiles, all-terrain vehicles and jitneys or any other device.
Any business licensed or designated by the Town to tow or haul other
vehicles.
It shall be unlawful for any person, firm or corporation, either as
a private owner, vehicle owner, occupant, lessee, agent, tenant or otherwise
to openly store or deposit on cause or permit to be openly stored or deposited
an abandoned, junked, discarded or unlicensed vehicle or vehicles or parts
or pieces thereof on any private property within any zoning district, within
the Town of Marilla.
A.
Exceptions.[1]
(1)
Seasonable use vehicles. A single winter use or seasonal
vehicle such as winter cars or light truck plow vehicles, which may not be
licensed year round by the property owner, may be stored outside, provided
that the vehicle is behind the front yard on an adequately maintained surface
in the side or rear yard and is at least 15 feet from the property lines.
(2)
Recreational vehicles. Recreational vehicles, specifically
boats, camping trailers and motor homes or snowmobiles and all-terrain vehicles
on trailers, may be openly stored upon the premises, if at least 15 feet from
the property line and not on the public right-of-way, provided that the owner
actually resides upon the property, and provided further that the subject
recreational vehicle has been licensed within the last 12 months.
(3)
Antique or classic motor vehicles. A single antique or
classic motor vehicle that is in the process of being restored may be kept
out of doors upon the premises of the owner of said vehicle for a period of
18 months to allow the restoration to be completed, provided that the vehicle
is stored behind the required front yard on an adequately maintained surface
and is at least 15 feet from the property line, and provided further that
such vehicle or component part thereof is covered with a tarpaulin or custom-made
cover for vehicles on is otherwise completely hidden from public view with
proper screening.
(4)
Farm vehicles. Any farm vehicle being actively used in
farming operations shall be exempted from the provisions of this chapter,
provided that:
(a)
The vehicle is being used on private property by the
property owner on lessee and is being held for continuing operation on private
property and is not being held primarily for nonoperating purposes.
(b)
The vehicle, if not in a condition for legal operation
on public highways, is in a condition so that it can be operated and so that
such operation on private property will not be unduly dangerous to the operator,
passengers or others.
(c)
The vehicle is in such a condition that there is no sharp
metal, broken glass or other condition which would endanger children who might
be attracted to play around the vehicle.
(d)
The farm vehicle is not stored in any front yard.
(e)
There are no violations of any other applicable laws
and ordinances.
(5)
Storage by wreckers and commercial garages. A wrecker
or commercial garage may store abandoned, junked or unlicensed vehicle(s)
or parts thereof on any one site within the Town of Marilla, provided that
such storage is confined in an enclosed area and such vehicles may not be
stored for more than 90 days, and provided further that the business operation
of the wrecker or commercial garage is permitted by all applicable zoning
laws or regulations, including rights under any nonconforming uses and including
any limitations, restrictions or conditions established according to law by
the Town Board, the Zoning Board of Appeals or any court of competent jurisdiction,
and provided that the vehicle(s) is not stored at any time on a public highway
right-of-way.
B.
Vehicles for sale. The storage of one motor vehicle and
associated equipment and materials on display for sale shall be exempt, provided
that it is maintained and protected to present a neat and orderly appearance
at all times, it does not create a safety hazard or nuisance to surrounding
property owners and/or the general public. This single vehicle may be openly
stored for a period of up to 90 days. No vehicle shall be parked within the
public right-of-way any roadway for the express purpose of displaying such
vehicles for sale.
A.
Wheeled unlicensed trailers made to be pulled by a truck
or truck body, whether now with or without wheels, shall not be permitted
for storage or any other purpose on any property in any residential district
of the Town.
D.
Owners of wheeled trailers not otherwise exempted herein
made to be pulled by a truck, whether now with or without wheels, and currently
used for storage have six months from the date of adoption of this chapter
to terminate the use of the same for storage and comply with this chapter.
Storage in any district as defined shall be within completely enclosed
buildings or, if not so enclosed, shall be effectively screened from the public
view. Screening shall be of sufficient height and density to completely hide
the storage from public view. Where required for the protection of property
or to preserve the public health and reduce the attractive nuisance to children,
fences may be required to supplement landscaping. All screening (fences, landscaping
or combinations of each) shall be maintained in such a manner as to present
a neat and orderly appearance at all times.
In the event that any person or persons shall violate any provision of this chapter, the Code Enforcement Officer, or any deputies so designated by the Town Board, shall have the duty to enforce this chapter of the Town of Marilla Code by issuing an appearance ticket returnable in the Town of Marilla Justice Court, pursuant to § 671-12, or by removing said vehicle pursuant to the provisions of § 671-10 or by invoking both enforcement provisions.
The Town of Marilla Code Enforcement Officer shall have the right to
enter and inspect, at all reasonable hours, any premises on which vehicle(s)
and/or equipment, as defined by this chapter, are openly stored and to inspect
such vehicle(s) and/or equipment to determine if the same are a hazard to
the health and welfare of the community. The right to entry shall not be limited
in any way by the existence or lack of existence of a request, authorization
or other consent or approval of entry for inspection.
After the Code Enforcement Officer has determined that an abandoned,
junked or unlicensed vehicle(s) or parts thereof is openly stored or deposited
or is permitted to be openly stored or deposited on a parcel of property in
violation of this chapter, he shall give written notice, by personal service
or by registered or certified mail with a copy sent by regular mail, on the
owner of the abandoned, junked or unlicensed vehicle(s) on parts thereof or
on the owner of any private property on which the vehicle(s) is openly stored.
Such notice shall direct the person so served, regardless of the ownership
of the vehicle(s) if the property owner or tenant is served, to terminate
the open storage of such vehicle(s) within the Town within 10 days of receipt
of said notice. If notice is sent by mail, receipt of notice shall be deemed
to have occurred three days from the date of mailing of the notice.
A.
If under the provisions of § 671-9 (notice to correct) above, the Code Enforcement Officer(s) is unable to determine the ownership or address of the owner of said property, such notification may be made by publishing the same in the official newspaper of the Town for two consecutive weeks. The notice shall be substantially the following form:
|
To the owner, occupant or person having change of land within the Town
of Marilla briefly described as follows:
| |
|
(Here describe the subject property.)
| |
|
Notice is hereby given that an abandoned, junked, discarded or unlicensed
vehicle is stored or deposited on the above-described property in the Town
of Marilla. This vehicle must be removed therefrom within 10 days from the
date of the notice; provided, however, that if this notice is served on you
by publication, said vehicle shall be removed within 24 days from the first
publication date of this notice.
| |
|
If such vehicle is not removed on or before the expiration of said 10
days from the date of this notice that it is served on you by publication,
you are hereby summoned to appear before the Town Board of the Town of Marilla,
New York, at ______ _ m. o'clock, on the _______ day of _______, 200__ at
which time a hearing will be held to determine why the Town of Marilla, New
York, acting through the duly authorized agents, servants, officers and employees,
should not enter upon said property and remove and cause said vehicle to be
destroyed. In the event that the Town Board directs that said vehicle be removed
and destroyed the expense incurred by the Town of Marilla shall be assessed
against said property and shall constitute a lien thereon and be collected
in the manner provided by law.
| |
|
Dated: ____________
| |
|
Code Enforcement Officer
Town of Marilla
|
B.
In addition to the above published notification, the
Code Enforcement Officer will physically post the above notice in a prominent
location (such as by some official sign post or upon a fence if the property
is fenced) on the subject property or in the right-of-way in front of the
subject property. This notice may also be posted on the Town sign board or
any other official and/or prominent location.
There shall be a presumption that a person who has received the notice prescribed by § 671-10 has openly stored or deposited or caused or permitted to be openly stored or deposited an abandoned, junked, discarded on unlicensed vehicle described in said notice.
In the event of noncompliance with the provisions of this chapter and after 10 days have elapsed from receipt of the written notice or publication, pursuant to §§ 671-9 and 671-10 above, the Code Enforcement Officer may issue an appearance ticket returnable to the Town of Marilla Justice Court at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged violation, the date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Town Justice Court and shall be accompanied by information detailing the violation and attempts made by the Code Enforcement Officer to achieve compliance.
Any person who is found guilty of violating any provision of this chapter
on any regulation adopted hereunder shall, for each violation, be punishable
by a fine of not more than $250 or a maximum term of imprisonment of 15 days,
or both, for each offense. Each abandoned, junked, discarded or unlicensed
vehicle stored in violation of this chapter shall constitute a separate violation.
The court may impose additional fines for each day that the violation continues
beyond the order to either remove or enclose said vehicle.
A.
This chapter has been enacted to supplement and to be read in
conjunction with § 1224 of the Vehicle and Traffic Law of the State
of New York.
