[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 2-13-1984 by L.L. No. 2-1984. Amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded and unlicensed motor vehicles on privately owned property within the Village of Fishkill 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 property values. The control of the outdoor storage of abandoned, junked, discarded and unlicensed motor vehicles on privately owned properties within the Village of Fishkill is therefore regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED MOTOR VEHICLE
- Any motor vehicle which the owner thereof does not intend
to use on the public highways. The intent of the owner shall be determined
by the physical condition of the motor vehicle, any statements as
to its abandonment, the length of time since the motor vehicle was
last used on the public highways, whether the motor vehicle is currently
licensed and other relevant facts. Any motor vehicle which is required
by state law to be licensed and/or registered, but which has not been
licensed and/or registered for more than 12 months, shall be presumed
to be an abandoned motor vehicle. With respect to a motor vehicle
not required to be licensed or motor vehicles not usually used on
public highways, the intent of the owner shall be determined by the
physical condition of the motor vehicle, the length of time since
it was last used for the purposes intended, any statements as to its
abandonment and other relevant facts.[Amended 4-8-2002 by L.L. No. 4-2002]
- DISCARDED MOTOR VEHICLE
- Any motor vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of, or any motor vehicle of which the owner cannot be found after due and reasonable inquiry.
- JUNKED MOTOR VEHICLE
- Includes every vehicle or part or section of a vehicle manufactured, made, altered or designed to be operated by any power other than muscular power, whether in running condition or not, or without a motor, that is not properly and currently registered as a motor vehicle or does not display a proper and current registration plate, except vehicles used solely for recreational and farm purposes which have been licensed within the preceding two years.
- MOTOR VEHICLE
- Every vehicle original]y designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power. For the purposes of this chapter, the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles and trailers.
- OWNER OF MOTOR VEHICLE
- A person, firm or corporation having the property in or title to a motor vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
- OWNER OF PRIVATE PROPERTY
- A person, firm or corporation who is the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Village of Fishkill.
- PREMISES or PROPERTY
- Includes all parcels of real property privately owned, situated in the Village of Fishkill, whether occupied or vacant.
- UNLICENSED MOTOR VEHICLE
- Any motor vehicle which may be licensed or registered with the State of New York and is not currently licensed or registered. The fact that a motor 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.
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 Fishkill, to store or deposit, or cause or permit to be stored or deposited, an abandoned, junked or discarded motor vehicle, or part or piece thereof, on any private property within the Village of Fishkill, unless:
It shall also be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of any private property within the Village of Fishkill, to store or deposit, or cause or permit to be stored or deposited thereon, an unlicensed motor vehicle unless:
Such motor vehicle is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the ordinances and local laws of the Village of Fishkill.
Such motor vehicle has been converted to and is actually used as a permanent building or structure for carrying on purposes in such manner and circumstances as authorized by the local laws and ordinances of the Village of Fishkill.
Such motor vehicle is a camping house or boat trailer otherwise stored and used in compliance with the local laws and ordinances of the Village of Fishkill.
Such motor vehicle is stored or deposited in a completely enclosed building.
The sale and display of one registered and properly licensed motor vehicle shall be allowed on private residential property, provided the following permit requirements are met:
[Added 11-18-2013 by L.L. No. 9-2013]
The owner of the motor vehicle must be a resident of the property address where the vehicle is displayed for sale. The owner of the motor vehicle shall obtain a "non-fee" permit from the Village Building Inspector to display said vehicle for sale.
Only one permit shall be granted per residential property (noncommercial lot).
Such permit shall be valid for a period not to exceed three months. If requested in writing, the permit holder shall be allowed one three-month extension on said permit.
No more than two permits may be granted for any residential lot per twelve-month period, commencing with the date of granting the first such permit.
If the provisions of the foregoing sections are believed to be violated, the enforcing officer shall serve an appearance ticket, either personally or by registered, certified or ordinary mail, upon the owner, occupant or person having charge of such private property, to comply with the requirements of this chapter. The enforcing officer may determine ownership of any parcel of land in the Village of Fishkill from the current assessment roll of the Village and may serve written notice upon the owner thereof by mailing such notice to the owner at the address listed on the current assessment roll.
A violation of this chapter or any provision or part thereof by any person, firm or corporation is hereby declared to be an offense punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both. Any person, firm or corporation who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Village of Fishkill in the removal and destruction of a motor vehicle shall be subject to the fines and penalties provided herein. Each week's continued violation shall constitute a separate and additional offense.
In the event that an owner, occupant or person having charge of private property is found guilty of storing an abandoned vehicle, such person shall be given a reasonable period of time to either remove the vehicle or bring it into compliance with this chapter. If such vehicle is not either removed or brought into compliance with this chapter within a reasonable time, the Village Justice may issue an order directing the removal of said motor vehicle by the Fishkill Village police or by a person engaged in the towing business within the Village of Fishkill. The person having charge of the private property shall be required to pay the Village of Fishkill a fee for said towing. The person responsible for the private property shall also be required to pay a reasonable storage charge for every day after such removal. Said fees and charges shall be as established from time to time by the Board of Trustees.
Prior to releasing or surrendering such removed vehicle, the Fishkill Village Police Department shall require the vehicle owner to produce proper identification of ownership. No vehicle shall be released from the pound by a desk officer until all removal and storage charges have been paid.
An impoundment form shall be used by police for each removal.
[Amended 4-8-2002 by L.L. No. 4-2002; 5-24-2010 by L.L. No. 6-2010]
The provisions of this chapter shall be enforced by the Code Enforcement Officer and/or the Police Department of the Village of Fishkill.