[HISTORY: Adopted by the Town Board of the Town of Concord 4-14-1997
by L.L. No. 4-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 85.
Pursuant to the authority conferred by Article 2 of the Municipal Home
Rule Law of the State of New York, and for each and every purpose specified
therein, the Town Board of the Town of Concord, County of Erie and State of
New York, has ordained and does hereby enact the following local law regulating
and restricting the use and disposal of abandoned automobiles within said
Town.
This chapter shall be known and may be cited as the "Junked Motor Vehicle
Ordinance of the Town of Concord."
This chapter is enacted in recognition of the fact that the outdoor
storage of junked motor vehicles on privately owned property within the Town
of Concord 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
not only property values on which they are located but also the property of
other persons in the neighborhood and Town generally. The outdoor storage
of junked motor vehicles on privately owned properties within the Town of
Concord outside the Village of Springville is, therefore, regulated for the
preservation of the health, safety and general welfare of the community. However,
farm equipment is exempt from this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle, whether automobile, bus, truck, mobile home or
any other vehicle, originally intended for travel on the public highways which
is abandoned, discarded, stored, left or located by its owner or any other
person or is permitted or condoned to be abandoned, discarded, stored, left
or located by its owner or any other person on private premises in the Town
of Concord, outside the Village of Springville. A junked motor vehicle shall
also mean any motor vehicle that is wrecked, discarded or dismantled or partially
dismantled which is in such deteriorated condition that it cannot be legally
operated upon the public highways. Any of the above not having a legally acquired
and currently valid New York State inspection sticker properly affixed to
it shall be classified as a junked motor vehicle. With respect to a motor
vehicle not required to be inspected or motor vehicles not usually used on
public highways, the intent of the owner shall be determined by the length
of time since it was last used for the purpose intended and statements as
to its abandonment and other relevant facts. Therefore, seasonally used vehicles
used primarily on private property are exempt from being classified as a junked
motor vehicle.[1]
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 the power other than muscular power. For the purpose of this chapter, the
term "motor vehicle" shall include automobiles, trucks, buses, motorcycles,
snowmobiles and trailers.
A person, firm or corporation having the property in or title to
a motor vehicle, a person entitled to the use and possession of a vehicle,
subject to security interest in another person, and also including any lessee
or bailee of a motor vehicle having the use thereof under the lease or otherwise.
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 Concord.
It shall be unlawful for any person, firm or corporation either as owner,
occupant, lessee, agent, tenant or otherwise, of property within the Town
of Concord, to store or deposit, or cause or permit to be stored or deposited,
a junked motor vehicle, or part or piece thereof, on any private property
within the Town of Concord, unless:
A.
Such motor vehicle is stored or deposited on premises
legally used and operated as a junkyard; or
B.
Such motor vehicle is under repair, reconstruction or
refurnishing by the owners thereof who must actually be residing on the premises.
Not more than two such motor vehicles shall be permitted at any one time on
any premises. Such motor vehicles must be so maintained and protected so as
not to create any hazard. Such motor vehicles shall not remain on the premises
more than one year.
It shall be the responsibility of the Code Enforcement Officer or his
duly authorized representative to enforce the provisions of this chapter.
Notice of violation shall be served to the owner/owners, executors legal
representative, agents or any other person having ownership or vested interest
of the property (as shown on the Town's most recent assessment roll)
on which the junk vehicle is located. If no such person can be reasonably
found, by mailing to such owner, by registered mail, a copy of such notice
shall be directed to his/her last known address.
If the owner has not properly removed and/or disposed of the junk vehicle
within 30 days of the date of notice was issued it will be declared an offense
and subject to the following mandatory penalties. In situations where more
than one junk vehicle are found to occupy the property, each vehicle unit
shall constitute a separate offense.
A.
Maximum penalty. For violation of any provision of this
chapter, the maximum penalty shall, upon conviction thereof, be a fine not
exceeding $250 or a term of imprisonment not exceeding 15 days, or both, in
the discretion of the court.[1]
B.
Separate violations. Except as otherwise provided, each
and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
