[HISTORY: Adopted by the Town Board of the Town of Cazenovia as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-8-1968 by L.L. No. 1-1968]
This article is enacted in recognition of the fact that junk cars abandoned
or stored on private property can constitute both a public and private nuisance.
They are a source of potential hurt to children and others who may find them
an attractive nuisance. They are replete with broken glass, sharp torn metal
edges and points, gasoline remaining in tanks of a highly explosive and combustible
nature and hurtful acid in batteries, to mention but a few of the more obvious
sources of potential physical hurt found on these junk cars. Besides this,
these junk cars constitute a blight on the Town's landscape; they destroy
the aesthetic qualities of the Town and they are generally otherwise unsightly.
Their existence tends to depreciate not only the property on which they are
located but also the property of other persons in the neighborhood and Town
generally. They constitute the Town a less safe and less pleasant place in
which to live and to do business. They hurt the welfare of the Town as a whole.
The intent of this article is to establish a legal procedure for the removal
of these junk cars where they are found in the Town outside duly licensed
establishments.
For the purpose of this article, the following terms shall have the
meanings indicated:
Any place of storage or deposit, whether in connection with another
business or not, where one or more unregistered, old, or secondhand motor
vehicles, no longer intended or in condition for legal use on the public highways,
are held, whether for the purpose of resale of used parts therefrom, for the
purpose of reclaiming for use some or all of the materials therein, whether
metal, glass, fabric or otherwise, for the purpose of disposing of the same
or for any other purpose. Such term shall include any place of storage or
deposit for any such purposes of used parts or waste materials from motor
vehicles which, taken together, equal in bulk one or more such vehicles; provided,
however, that the term "junkyard" shall not be construed to mean an establishment
using facilities for processing iron, steel, or nonferrous scrap for sale
or remelting purposes only.
All vehicles propelled or drawn by power other than muscular power
originally intended for use on public highways.
No person shall operate, establish or maintain a junkyard in the Town
of Cazenovia until he has obtained a license to operate a junkyard business
and has obtained a certificate of approval for the location of such junkyard.
Application for the license and the certificate of approved location shall be made in writing to the Town Board of the Town of Cazenovia, and the application shall be accompanied by a certificate from the Board of Appeals of Chapter 165, Zoning, that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of such Chapter 165, Zoning. The application shall contain the legal description of the land to be included within the junkyard.
A hearing on the application shall be held within the Town of Cazenovia
not less than two or more than four weeks from the date of the receipt of
the application by the Town Board of said Town of Cazenovia. Notice of the
hearing shall be given in the application and shall be published once in a
newspaper having a circulation within the Town of Cazenovia, which publication
shall be not less than seven days before the date of the hearing.
At the time and place set for hearing, the Town Board of the Town of
Cazenovia shall hear the applicant and all other persons wishing to be heard
on the application for a license to operate, establish or maintain the junkyard.
In considering such application, it shall take into account the suitability
of the applicant with reference to his ability to comply with the fencing
requirements or other reasonable regulations concerning the proposed junkyard,
to any record of convictions for any type of larceny or receiving of stolen
goods, and to other matters within the purposes of this article.
At the hearing regarding location of the junkyard, the Town Board of
the Town of Cazenovia may also take into account the clean, wholesome and
attractive environment which has been declared to be of vital importance to
the continued general welfare of its citizens by considering whether or not
the proposed location can be reasonably protected from having an unfavorable
effect thereon. In this connection the Town Board of the Town of Cazenovia
may consider collectively the type of road servicing the junkyard or from
which the junkyard may be seen, the natural or artificial barriers protecting
the junkyard from view, the proximity of the proposed junkyard to established
residential and recreational areas or main access routes thereto, as well
as the reasonable availability of other suitable sites for the junkyard.
After the hearing the Town Board of the Town of Cazenovia shall, within
two weeks, make a finding as to whether or not the application should be granted,
giving notice of its finding to the applicant by mail, postage prepaid, to
the address given on the application. If approved, the license, including
the certificate of approved location, shall be forthwith issued to remain
in effect until the following April 1. Approval shall be personal to the applicant
and not assignable. Licenses shall be renewed thereafter upon payment of the
annual license fee without hearing, provided that all provisions of this article
are complied with during the license period, the junkyard does not become
a public nuisance under the common law and the applicant is not convicted
of any type of larceny or the receiving of stolen goods. The determination
of the Town Board of the Town of Cazenovia may be reviewed under Article 78
of the Civil Practice Law and Rules.
The annual license fee shall be as set by the Town Board at the annual
reorganization meeting, to be paid at the time the application is made and
annually thereafter in the event of renewal. In the event the application
is not granted, the fee shall be returned to the applicant. In addition to
the license fee, the Town Board of the Town of Cazenovia may assess the applicant
with the costs of advertising such application and such other reasonable costs
incident to the hearing as are clearly attributable thereto and may make the
license conditional upon payment of the same.
A.
Before use, a new junkyard shall be completely surrounded
with a fence at least eight feet in height which substantially screens the
enclosed materials and with a suitable gate which shall be closed and locked
except during the working hours of such junkyard or when the applicant or
his agent shall be within. Such fence shall be erected not nearer than 50
feet from a public highway. All motor vehicles and parts thereof stored or
deposited by the applicant shall be kept within the enclosure of the junkyard
except as removal shall be necessary for the transportation of the same in
the reasonable course of the business. All wrecking or other work on such
motor vehicles and parts and all burning of the same within the vicinity of
the junkyard shall be accomplished within the enclosure. All burning of such
motor vehicles and parts and other junk shall be confined to the hours between
sunrise and sunset, except on Sundays when no burning shall take place. Stacking
and piling of such motor vehicles and parts and other junk shall not exceed
eight feet in height.
B.
Where the topography, natural growth of timber of other
considerations accomplish the purposes of this article in whole or in part,
the fencing requirements hereunder may be reduced by the Town Board of the
Town of Cazenovia upon granting the license; provided, however, that such
natural barrier conforms to the purposes of this article.
For the purposes of this article the location of junkyards already established
shall be considered approved by the governing board of the municipality where
located and the owner thereof deemed suitable for board[1] the information as to location which is required in an application,
together with the license fee, and the governing board shall issue him a license
valid until the next April 1, at which time such owner may apply for renewal
as herein provided. Such owner shall comply with all other provisions of this
article, including the fencing requirements set forth above.
[1]
Editor's Note: So in original.
Notwithstanding any of the foregoing provisions of this article, no
junkyard hereafter established shall be licensed to operate if such yard or
any part thereof shall be within 500 feet of a church, school, hospital, public
building or place of public assembly.
[Amended 12-8-2003 by L.L. No. 2-2003]
Any person, persons, association, partnership or corporation who or
which violates any provision of this article or any regulation adopted by
the Town Board of the Town of Cazenovia pursuant to authority granted by this
article shall be guilty of an offense and, upon conviction, shall be punished
by a fine of not more than $250 or by imprisonment for not more than 15 days,
or both, and each day's failure to comply shall constitute a separate violation.
In addition, the Town Board of the Town of Cazenovia may prosecute the violation
of this article by any other means or method provided for in § 135
of the Town Law.
[Adopted 7-12-2004 by L.L. No. 3-2004]
The outdoor storage of abandoned, junked, discarded or unlicensed vehicles
upon private property within the Town of Cazenovia 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 properties and homes. The same also constitutes a potential nuisance
to the children of the community and may imperil their safety. The fuel tanks
of abandoned, junked or discarded vehicles containing gasoline or gasoline
fumes constitute an ever-present danger of explosion. The abandoned, junked
or discarded vehicles also contain broken glass and sharp metal edges, and
such vehicles usually are stored or abandoned with batteries containing harmful
acids. The control of the outdoor storage of abandoned, junked or discarded
vehicles is therefore regulated for the preservation of the health, safety
and general welfare of the community. The intent of this article is to establish
a legal procedure for the removal of these junk vehicles where they are found
in the Town outside duly licensed establishments.
As used in this article, the following terms shall have the meanings
indicated:
Any vehicle which is parked or permitted to stand on any public road,
street or alley for a continuous period exceeding 48 hours unattended and
not bearing one of the following: a valid registration and plate, a certificate
of inspection or an ascertainable vehicle identification number.
Any vehicle which has no valid registration or certificate of inspection
and has been stripped or partially disassembled so that it is inoperable or
immovable and is parked or permitted to stand on a public street or alley
for 48 hours and on private property for a continuous period of 30 days.
Any vehicle originally intended to be operated or driven upon a public
highway, propelled by any power other than muscular power, whether or not
such vehicle has an engine or is operable. The following vehicles shall not
be considered motor vehicles for the purpose of this article:
Snowmobiles, as defined in Article 47 of the Vehicle and Traffic Law
of New York State.
All-terrain vehicles, as defined in Article 48 of the Vehicle and Traffic
Law of New York State.
Farm-type tractors and alt-terrain vehicles used exclusively for agricultural
purposes.
Farm equipment, including self-propelled machines used exclusively in
growing, harvesting or handling farm produce.
Self-propelled caterpillar or crawler-type equipment while being operated
on the contract site.
Motor vehicles displayed on a licensed car dealer lot for the purposes
of display for sale.
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 not in a condition for legal use
on the public highways. A vehicle which is in a condition to receive a current
New York State motor vehicle inspection sticker shall be deemed to be in a
condition for legal use on the public highways.
It shall be unlawful for the owner of any unlicensed motor vehicle to
store, park or place such vehicle or allow such vehicle to be stored, parked
or placed on any private property in the Town for a cumulative period of more
than 15 days except in an enclosed building or garage or within an area completely
enclosed by a solid fence. If a fence is used, it shall be the greater of
six feet in height, as measured from ground level, or 12 inches above the
highest portion of any vehicle which is placed within it and should conform
with any and all fence regulations established by the Town of Cazenovia. A
permit for the fence shall be obtained from the Town of Cazenovia Code Enforcement
Officer.
A.
Display of vehicle for sale. The Code Enforcement Officer
may, by written permit, allow a person to display a motor vehicle in an open
area for the purpose of selling such vehicle. Application for such permit
shall be made directly to the Code Enforcement Officer. Such permit shall
be valid for a thirty-day period and shall not be renewable. Only one such
permit shall be issued any one household at one time. Permit fees to be set
on an annual basis.
B.
Motor vehicle restoration permit. A motor vehicle restoration
permit shall be issued by the Town of Cazenovia Code Enforcement Officer on
the following terms and conditions:
(1)
A restoration permit will be issued to the private property
owner only.
(2)
The motor vehicle being restored shall be titled to the
property owner being issued the permit.
(3)
Only one motor vehicle restoration permit at a time will
be issued to a property owner.
(4)
The motor vehicle restoration permit shall be valid for
a maximum of one motor vehicle and shall be valid for one year from the date
of issuance.
(5)
At all times that the motor vehicle is not being worked
on for restoration, said vehicle of the property owner shall be covered with
an approved car cover and the area shall be free of debris, litter, discarded
parts or equipment utilized for the restoration.
(6)
An approved car cover must cover the entire vehicle and
be securely fastened to the vehicle. An approved car cover shall be made of
material which will resist wind, rain and other weather-related circumstances.
The use of bricks, blocks or other material as a fastener shall not be permitted.
(7)
The area where the motor vehicle is being restored, placed
or left shall be subject to periodic and random inspections by the Code Enforcement
Officer. Should the owner be found in violation of this section, the restoration
permit will be rescinded and the owner will be subject to other provisions
of this article.
(8)
The fee for such permit will be set by the Town of Cazenovia
on an annual basis.
A.
The Town of Cazenovia Code Enforcement Officer shall
have the right to enter and inspect, at any reasonable hour, any premises
on which a vehicle or vehicles are openly stored and to inspect such vehicles
to determine if the same are a hazard to the health and welfare of the community.
This right of 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.
B.
After the Code Enforcement Officer has determined that
an abandoned, junked or unlicensed vehicle or discarded 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 article, he shall serve written notice,
by personal service or by registered mail, on the owner of any private property
on which the vehicle is openly stored. Such notice shall direct the person
served, regardless of the ownership of the vehicle, to terminate the open
storage of such vehicle(s) within the prescribed period of time stated in
said notice.
An offense against any provision of this article shall, for jurisdictional
purposes, be a violation and, upon convection, shall be punishable by a fine
not to exceed $250 or by imprisonment for a term not to exceed 15 days, or
both. Each day a person is in violation of this article shall be considered
a separate offense.
