A.
This chapter is adopted pursuant to the authority granted
the municipality in § 10 of the Municipal Home Rule Law and in §§ 130,
133, 136 and 137 of the Town Law of the State of New York.
B.
The purpose of this chapter is, through the regulation
of junkyards, to promote a clean, wholesome, and attractive environment; protect
the community from potential hazards to property and persons; protect water
resources; preserve the aesthetic qualities of the municipality; prevent depreciation
of the property on which a junkyard is located and the property of other persons
in the neighborhood and the community; and to further the goals of the Comprehensive
Plan.
As used in this chapter, the following terms shall have the meanings
indicated:
The person(s) appointed by the Town Board to enforce the provisions
of this chapter, including, but not limited to, the Code Enforcement Officer
and Town Constables.
Any household appliance, including, but not limited to, a stove,
washing machine, dryer, dishwasher, freezer, refrigerator, air conditioner,
water heater, or television, that is stored outside of any residence or structure.
Abandoned, discarded, or irreparably damaged furniture, including,
but not limited to, sofas, lounge chairs, mattresses, bed frames, desks, tables,
chairs, and chests of drawers.
Any enclosed dwelling built upon a chassis, motor vehicle, or trailer
used, or designed to be used, for either permanent or temporary living or
sleeping purposes, including motor homes, truck campers, camping trailers,
campers, travel trailers, pop-up trailers, tent trailers and overnight trailers.
To qualify as a junk mobile home, the dwelling must meet two out of three
of the following conditions for six months or more:
Any motor vehicle, or used parts or waste materials from motor vehicles
which, taken together, equal in bulk one or more such vehicle, that is:
The fact that a motor vehicle does not display a current motor vehicle
registration or license plate shall be presumptive evidence that such motor
vehicle is not in condition for legal use upon the highways.
With respect to any motor vehicle not required to be licensed or a motor
vehicle not usually used on public highways, the fact that such motor vehicle
is not in condition to be removed under its own power shall be presumptive
evidence that such motor vehicle is a junk motor vehicle unless refuted by
verifiable and credible proof.
The term "motor vehicle" shall include watercraft, construction equipment,
and trailers, all-terrain vehicles and snowmobiles.
The areas of any real property used, or intended to be used, for
the placement, storage or deposit of one or more of the following: junk appliances,
junk furniture, junk mobile homes, and junk motor vehicles.
The outdoor storage or deposit of any of the following, whether in
connection with another business or not:
Storage other than in a completely enclosed structure, such as a
garage or barn.
A person, other than a lien holder, having possession or title to
a motor vehicle and/or mobile home. The term includes a person entitled to
the use and possession of a motor vehicle and/or mobile home subject to a
security interest in another person and also includes any lessee or bailee
of a motor vehicle and/or mobile home having the exclusive use thereof, under
a lease or otherwise, for a period of greater than 30 days.
An individual, partnership, association, corporation, or entity of
any other kind.
