For purposes of this Article, the following definitions shall apply:
A motor vehicle shall be deemed to be an "abandoned vehicle" if
left unattended:
With no number plates affixed thereto, for more than six (6) hours on
any highway, public street or any other public place in the Village of Morrisville.
For more than twenty-four (24) hours on any highway, public street or
other public place in the Village of Morrisville, except a portion of such
highway, public street or public place on which parking is legally permitted.
For more than forty-eight (48) hours after the parking of such vehicle
shall have become illegal if left on a portion of a highway, public street
or public place in the village on which parking is legally permitted.
For more than ninety-six (96) hours on property of another if left without
permission of the owner.
Any vehicle which does not have the appropriate and valid motor vehicle
safety inspection certificate issued by the New York State Department of Motor
vehicles.
Every device in, upon or by which any person or property is or may
be transported or drawn upon a highway, except devices moved by human power
or used exclusively upon stationary rails or tracks.
Any motor vehicle that is either abandoned, unregistered, inoperable
and/or unusable.[2]
Any individual, firm, partnership, trust, business or corporation.
Unregistered vehicles not fit for highway use, utilized for property
maintenance, i.e., riding lawn mowers, tractors, trailers, etc.
Any vehicle whose usage is constrained to certain seasons of the
year (i.e., camper trailers, boat trailers, recreational vehicles, etc.) and
maintained in a manner fit for highway use. A current New York State vehicle
inspection certificate in effect for said vehicle shall give rise to the presumption
of fitness for highway use.
Any motor vehicle that does not have in effect an appropriate and
valid registration of any state or other entity granting registration recognized
by the State of New York. Failure to bear appropriate license plate and registration
sticker or other lawful proof of registration shall give rise to a presumption
that the vehicle is "unregistered" (excluding property maintenance vehicles).
Any vehicle that is not capable of being lawfully and safely operated
for the purpose of transportation of persons and/or things. A vehicle used
as a source of parts or storage shall be presumptively "unusable."
A.
When any vehicle is parked or abandoned on any highway
or public parking lot within this village during a snowstorm, flood, fire
or other public emergency which affects that portion of the public highway
or public parking lot upon which said vehicle is parked or abandoned, said
vehicle may be removed at the direction of a designated enforcement officer
of the village.
B.
When any vehicle is found unattended on any highway or
public parking lot within the village where said vehicle constitutes an obstruction
to traffic, said vehicle may be removed by a designated enforcement officer
of the village.
C.
When any vehicle is parked or abandoned on any highway
or public parking lot within this village where stopping, standing or parking
is prohibited, said vehicle may be removed by a designated enforcement officer
of the village.
After removal of any vehicle as provided in this Article, the village
enforcement officer may cause such vehicle to be stored in a suitable place
at the expense of the owner. Such owner or person in charge of the vehicle
may redeem the same upon payment to the person with whom stored of the amount
of all expenses actually and necessarily incurred in effecting such removal
and by payment of any outstanding fines for violations of any village ordinances
or local laws.
The village enforcement officer shall ascertain to the extent possible
the owner of the vehicle or the person having the same in charge and notify
such person of the removal and disposition of such vehicle and of the amount
which will be required to redeem the same.
The Village Board may, at its discretion, decide to, if the village
declines to remove and store the vehicles itself, hire through public bidding
a designated removal and storage agency to enforce the provisions of this
Article.
A.
No person shall store or permit to be stored or deposited
in the Village of Morrisville a nuisance vehicle out of doors, on public or
private property, for a period exceeding fifteen (15) days. Any New York State
duly registered garages, service stations and sales or leasing and repair
facilities of motor vehicles may store out of doors nuisance vehicles for
a period not exceeding sixty (60) days. At no time may the number of nuisance
vehicles stored out of doors at any New York State duly registered garages,
service stations and sales or leasing and repair facilities exceed twenty
(20). The owner of the nuisance vehicle, if known, or nonowner occupant or
tenant and/or assessed owner according to the tax rolls of the Village of
Morrisville of the real property upon which the nuisance vehicle is located
shall be presumed to be in violation of this Article and assessed accordingly.
B.
No seasonal vehicle or property maintenance vehicle may
be located in front of any building line on any parcel of property within
the village.
C.
A vehicle may be offered for sale on private property
for a period not to exceed thirty (30) days, except for any vehicle stored
by a New York State registered motor vehicle dealership. A written extension
of the above time limit may be granted by the enforcement officer of the village
upon written request. No extension may exceed thirty (30) additional days.
No more than one (1) extension per vehicle may be granted per year. No more
than one (1) vehicle may be offered for sale at one (1) time, and no more
than two (2) vehicles may be offered for sale per calendar year.
[Amended 9-8-1994 by L.L.
No. 2-1994]
D.
Notwithstanding the foregoing provisions, the owner of
any vehicle temporarily not in use which would otherwise constitute a nuisance
vehicle may apply to the enforcement officer of the village for a temporary
exemption from the provisions of this Article. This waiver shall not exceed
twelve (12) months.
A.
In the event of a violation of this Article, the enforcement
officer of the village shall serve a written notice upon the owner of said
nuisance vehicles, if known, and/or, if known, the assessed owner and/or nonowner
occupant of the real property upon which a nuisance vehicle is located. Said
notice shall contain an explanation of the violation and an identification
of the vehicle that is alleged to be in violation of this Article and direct
that said vehicle be removed within five (5) business days from the date of
said notice. Said notice shall also state that, in the event that said vehicle
is not removed within the period prescribed, said owner of the vehicle, if
known, and/or the assessed owner and/or occupant of the real property upon
which the nuisance vehicle is located shall be subject to the penalties of
this Article as hereinafter described, including assessment of the cost of
removal and disposal of said vehicle and/or a fine.
B.
Should the owner of the nuisance vehicle, if known, and/or
the assessed owner and/or nonowner occupant of the real property or to which
the first written notice was addressed fail to remove the nuisance vehicle
within the five-day period discussed, the enforcement officer of the village
shall serve a second written notice, which shall restate the violation and
identification of the motor vehicle and shall state the village's intent to
seize the vehicle if the violation is not remedied within five (5) days from
the date of the notice, pursuant to New York State Vehicle and Traffic Law §1224.
A.
Any violation of this Article shall be deemed an offense.
Upon the expiration of the time set forth in the aforementioned notice to
remove, if the owner of said nuisance vehicle, if known, and/or the assessed
owner and/or nonowner occupant of the real property has failed to comply with
such order, he or she shall be deemed in violation of this Article and shall
be subject to such penalties as are herein described, including assessment
of the cost of removal and disposal of said vehicle and/or a fine. Any nuisance
vehicle in violation of this Article shall be seized, removed and disposed
of by the village pursuant to New York State Vehicle and Traffic Law §1224.
B.
All costs of removal and storage shall be assessed against
the owner of said nuisance vehicle, if known, and/or the assessed owner and/or
occupant of the real property upon which the nuisance vehicle is located.
In addition, any person in violation of this Article or any provision thereof
shall be guilty of an offense punishable by a fine of not less than two hundred
fifty dollars ($250.) and not more than one thousand dollars ($1,000.) for
each day in violation of this Article.
