[HISTORY: Adopted by the Town Council of the Town of Rocky Hill 9-6-1995 by Ord. No. 175-95, superseding former Ch. 234, Vehicles, Inoperable, adopted 1-6-1992 by Ord. No. 172-92. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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 registered or unregistered. With respect to motor vehicles not required to be registered 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 purpose intended and the statements of the owner.
- 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.
- 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 motorcycles, omnibuses and house trailers but shall not include those vehicles used for farming purposes as defined by Section 14-1(a)(1) and (2) of the Connecticut General Statutes.
- 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 motor 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 Rocky Hill.
- Includes all parcels of real property situated in the Town of Rocky Hill, whether occupied or vacant, irrespective of size or topography.
- UNREGISTERED 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 new- or used-car dealers or garage men for the purpose of sale or repair.
- UNSIGHTLY MATERIALS
- Parts of motor vehicles, including but not limited to equipment, old iron, metal, glass, paper, cordage or other waste or discarded material.
It shall be unlawful for any person, firm or corporation, as owner, occupant, lessee, agent, tenant or otherwise of any private property within the Town of Rocky Hill, or motor vehicle owner to store or deposit or cause or permit to be stored or deposited an abandoned, junked, discarded or unlicensed motor vehicle or unsightly material upon any private land within the corporate limits of the Town, without a permit to do so.
This section shall not apply to the following categories:
Cars under a covered structure as approved by the Zoning Enforcement Officer or Assistant Zoning Enforcement Officer.
Antique cars, registered classics, horseless carriages, milestone autos and special interest cars, all of which are listed by the American Antique Automobile Club of America.
Motor vehicles for which a permit has been secured.
Application. A permit must be applied for from the Zoning Enforcement Officer, for any motor vehicle not in compliance with § 234-2, within 48 hours after such vehicle has been parked on any property within the Town. The permit application shall contain the following information:
Address of the premises where the vehicle is to be parked.
Name and address of the owner or person in control of the premises, and a statement attesting to his permission for such motor vehicle to be parked and the date of such permission.
Name and address of the registered owner of the inoperable motor vehicle for which the permit is sought; the registration or title shall be presented to the officer issuing the permit.
Description of the inoperable motor vehicle for which a permit is sought as to make, model, year of manufacture, last license issued, and condition which rendered it inoperable.
Estimated length of time, not to exceed 30 days, for which the permit is being requested in order to restore the motor vehicle to operating condition.
The signature of the applicant.
Permit issuance and posting. The Zoning Enforcement Officer/Assistant Zoning Enforcement Officer may issue a permit based on a proper application. Such permit shall be valid for a period not to exceed 30 days from date of application. A copy of such permit shall be posted inside the motor vehicle for which it was issued by affixing to the windshield or window so as to be readily visible at all times. Any permit may be renewed at the discretion of the Zoning Enforcement Officer or Assistant Zoning Enforcement Officer for a period not to exceed 30 days upon filing a new application. No permit shall be transferable to any other person or motor vehicle. Premises shall be limited to one motor vehicle.
Conditions of permit. Every permit for storage of an inoperable motor vehicle on private property shall be subject to the conditions that:
No safety hazard shall be created or maintained.
All broken glass or partially detached parts shall be either removed and disposed of as rubbish or secured in a manner to prevent hazard.
Trunk or storage compartment shall be kept locked or otherwise secured adequately to prevent possible entrapment of a child.
Wheels or tires shall not be removed from the motor vehicle except for repairs.
The last issued license plates, if any, shall be kept on the motor vehicle.
The motor vehicle shall not be elevated or blocked in any unsafe manner.
All parts or components removed from the motor vehicle shall not be stored in the open.
No waste oil or other fluid shall be allowed to flow on the ground or pavement.
The motor vehicle may be parked only in the rear yard of residential property.
No violation of the Zoning Ordinance or any other applicable ordinance or statute shall be created.
All information furnished by the applicant as required by Section 2-6-103 is correct, and any false statement will be a violation of this chapter.
Repair of motor vehicles of others is prohibited.
No more than one inoperable motor vehicle shall be permitted on any premises.
Vehicle identification number of motor vehicle.
Permit revocation; notice and order to cease storage. Any permit issued under authority of this chapter may be revoked at the discretion of the Zoning Enforcement Officer or Assistant Zoning Enforcement Officer when in his/her opinion a violation of this chapter exists. Notice of such revocation shall be delivered to the permittee or posted conspicuously on the motor vehicle, along with a notice to cease storing said motor vehicle and remove it to a proper storage or disposal location. The permittee shall remove the motor vehicle within 10 days after receiving said notice or after the notice is posted.
If the provisions of the foregoing sections are violated, the Zoning Enforcement Officer or Assistant Zoning Enforcement Officer shall serve written notice, either personally or by mail, upon the owner or occupant or person having charge of any such property, or the owner of the vehicle(s) in violation, to comply with the provisions of this chapter. Ownership of any land within the Town shall be determined by the tax rolls of the Town. Any such person shall have 20 days from being notified of any violation(s) to comply with the provisions of this chapter.
Removal of motor vehicle; notice. The Zoning Enforcement Officer or Assistant Zoning Enforcement Officer may remove or cause to be removed any inoperable motor vehicle as defined in § 234-1 of this chapter or parts of such motor vehicle from any unenclosed private property where the owner of said motor vehicle or person in charge thereof has not secured the proper permit under the terms of this chapter, after having notified, in writing, the owner or occupant of such property the intention to do so at least 48 hours prior to such removal. Such notice shall be served personally or by certified mail upon the owner or occupant of the property, if occupied, or may be posted in a conspicuous place upon vacant or unoccupied property. Such inoperable motor vehicle or motor vehicles, or parts of same, shall be removed to the automobile impound yard or such other proper storage area for such motor vehicles and disposed of in accordance with the law. Any costs incurred for the removal of any motor vehicle shall become a lien upon said property. Such removal by the Zoning Enforcement Officer or Assistant Zoning Enforcement Officer shall not excuse or relieve any person of the obligation imposed by this chapter to keep this property free from storage of inoperable motor vehicles or thereof, nor from the penalties for violation thereof
Any violation of this chapter shall be an infraction as defined by Connecticut General Statutes § 51-164n, and subject to a fine in the sum of $90 per violation.
Enforcement of the provisions of this chapter shall be by the Zoning Enforcement Officer or Assistant Zoning Enforcement Officer.
Each day that a violation of this chapter occurs or shall be permitted to exist shall constitute a separate and distinct offense.