The outdoor storage of abandoned, junked, discarded and unlicensed motor
vehicles upon privately owned properties within the Town of Bethel is dangerous,
unsightly and a detriment to the preservation of public health, the protection
of property and the safety and welfare of the residents of the Town of Bethel.
The outdoor storage of abandoned, junked, discarded and unlicensed motor vehicles
upon privately owned properties within the Town of Bethel constitutes an attractive
nuisance to children and a peril to their safety. Such storage constitutes
a threat to the safety and welfare of the residents of the Town of Bethel
since the fuel tanks frequently contain gasoline or gasoline fumes and may
be subject to explosion in case of fire. Such storage depreciates the value
of neighboring properties and is unsightly and discourages the orderly, progressive
development of the Town of Bethel. The control of the outdoor storage of abandoned,
junked, discarded and unlicensed motor vehicles upon privately owned properties
within the Town of Bethel is therefore regulated for the preservation of the
public health, safety and welfare of the residents of the Town of Bethel.
As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED
The intent of the owner of a motor vehicle not to use the motor vehicle
on the public highways. The intent of the owner of the motor vehicle may be
determined by the physical condition of the motor vehicle, the statements
of the owner of the motor vehicle, the length of time since the motor vehicle
was last used on the public highway and whether the motor vehicle is licensed
or unlicensed. With respect to motor vehicles not required to be licensed
or motor vehicles not customarily used on the public highway, the intent of
the owner may be determined by the physical condition of the motor vehicle,
the length of time since it was last used for the purposes intended and the
statements of the owner.
DISCARDED
Any motor vehicle which the owner thereof does not intend to recover
possession thereof, or any motor vehicle to which ownership cannot be reasonably
determined with due inquiry.
JUNKED
Any motor vehicle in such condition as to cost more to repair in
order to place such motor vehicle in operating condition than the value of
the motor vehicle at any given time.
MOTOR VEHICLE
Every vehicle operated or driven or capable of being driven or operated
upon a public highway by any power other than muscular power, which includes
electric power obtained from overhead trolley wires and includes vehicles
operated upon rails and such vehicles as are run only upon rails or tracks.
For the purposes of this chapter, "motor vehicles" shall include tractors
used exclusively for agricultural purposes, self-propelled combines, self-propelled
corn and hay-harvesting machines and self-propelled caterpillar or crawler-type
equipment, and shall also include motorcycles, omnibuses and house trailers.
OWNER OF MOTOR VEHICLE
A person having property in or title to a motor vehicle. The term
includes a person entitled to the use and possession of a vehicle subject
to a security interest in another person and also includes any lessee or bailee
of a motor vehicle having the use thereof under lease or otherwise.
OWNER OF PRIVATE PROPERTY
Includes the legal owner, contract purchaser, a tenant, lessee, occupant,
undertenant, receiver or assignee of premises or property located within the
Town of Bethel.
PREMISES
Includes all parcels of real property situate in the Town of Bethel,
whether occupied or vacant, irrespective of size or topography.
UNLICENSED MOTOR VEHICLE
Any motor vehicle which has not been licensed with the proper authorities
for a period of at least 30 days from the expiration of the last valid licensing,
with the exception of those motor vehicles in the possession of authorized
used car dealers or garagemen for the purpose of sale or repair.
If the provisions of the foregoing section are violated, the Director
of Public Works or his designated agent shall serve written notice, either
personally or by mail, upon the owner, occupant or person having charge of
any such private property to comply with the provisions of this chapter. The
Director of Public Works may determine ownership of any parcel of land within
the Town of Bethel from the then-current tax rolls of the Town of Bethel and
may serve written notice upon such owner by mailing such notice by regular
mail to the owner at the address listed in the then-current tax rolls.
If said abandoned, discarded, junked or unlicensed motor vehicle is
not removed within 20 days after the date of said notice by the Director of
Public Works, the Town of Bethel may enter onto the premises where said vehicle
is located and remove the same. The cost of removal of said vehicle shall
become a lien upon said property.
[Amended 12-1-1979]
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be punished by a fine of not less than $100.