[HISTORY: Adopted by the Town Board of the Town of Barton 2-8-1982.
Amendments noted where applicable.]
A.
No motor vehicle shall be kept, stored or maintained
within the Town of Barton, unless the same shall have and display a duly issued,
unexpired license number plate which will permit said motor vehicle to be
operated on the highways of this state, in accordance with law, or unless
such vehicle shall be kept, stored and maintained at all times within a fully
enclosed structure or building, or unless such vehicle shall be maintained
on premises licensed as a junkyard by the Town of Barton.
B.
No part, parts (including tires), frame, body, wheels,
rim, engines, fender, parts of the above or any part of what was once, or
is now, a motor vehicle shall be kept, stored or maintained anywhere within
the Town of Barton except in a fully enclosed structure or building or within
the boundaries of a junkyard licensed by the Town of Barton, unless the same
shall be currently licensed so as to permit it to be operated on the highways
of this state.
C.
No parts for or of motor vehicles and no junk cars or
unlicensed inoperable motor vehicles shall be maintained within the Town of
Barton except in fully enclosed structures or buildings or within the boundaries
of a junkyard licensed by the Town of Barton.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle manufactured more than 25 years prior to the current
calendar year, and any other model, year and type of vehicle which has unique
characteristics and which is determined by the Commissioner of Motor Vehicles,
pursuant to § 401 of the Vehicle and Traffic Law, to be of historical,
classic or exhibition value.[1]
In addition to its usual and ordinary meaning:
The inability of the person maintaining the same to move any motor vehicle
under its own power on demand of the inspecting officer shall be prima facie
evidence that it is "inoperable" for the purposes hereof.
Any motor vehicle not bearing a New York State inspection sticker where
the same is required shall be deemed "inoperable" for the purposes hereof.
Every vehicle, except electrically driven invalid chairs operated
or driven by an invalid, operated or driven upon a public highway by any power
other than muscular power, excluding fire and police vehicles and farm-type
tractors used exclusively for agricultural purposes or for snow plowing and
self-propelled caterpillar or crawler-type equipment while being operated
on the contract site or stored at the premises of the owner.
In the event of a violation hereof, the owner of the premises on which
vehicle is situate, the lessor thereof, the lessee thereof, the last registered
owner of such vehicle or part thereof and all persons claiming an interest
in such vehicle or part thereof shall be chargeable therewith and responsible
therefor.
There shall be the following exceptions to this chapter, but only in
the event that the person, association, partnership or corporation or other
claiming the benefit of such exception shall make application in writing and
file the same with a fee as set forth from time to time by resolution of the
Town Board,[2] unless the fee is waived in a subsection hereof, with the inspecting
officer, stating the exception claimed and claiming the benefit thereof, and
if, in the opinion of the inspecting officer, the applicant shall be entitled
to the benefit of the exception then the inspecting officer shall issue a
permit therefor; otherwise he shall refuse the same and return the application
fee. Any permit issued shall at all times be prominently displayed and shall
be strictly limited to the exception claimed. Failure to display such permit
shall be a violation hereof. The exceptions are as follows:
A.
A new or used car lot or sales establishment, except
that all motor vehicles kept thereon which are more than four years old shall
have current New York State inspection stickers thereon.
B.
Contractors, truckers, moving companies, factories and
motor vehicle rental establishments, provided that in each case they shall
at all times own and operate at least three licensed and operable motor vehicles
and present proof thereof to the enforcing officer upon demand; that no permit
shall be required of the above unless required by the inspecting officer.
C.
Gasoline service stations, automobile and motor vehicle
repair establishments and body shops may keep and maintain motor vehicle and
replacement parts for and in connection with the operation of their said business;
subject to the limitation, however, that there shall be no storage or maintenance
of broken or junked parts on the premises and no scrap metal shall be maintained
thereon, and a failure to remove such junk or scrap within five days of demand
by the inspection officer shall result in a revocation of the permit and rights
thereunder for a term to be set by the inspector not to exceed six months.
D.
Any person desiring to repair or rebuild an unlicensed
motor vehicle or vehicles may make application to keep or maintain the same,
and upon payment of the fee the inspecting officer may issue a permit for
a period not to exceed six months, at the end of which time said vehicle or
vehicles and all parts thereof shall be licensed, stored in a fully enclosed
building or structure or removed from the Town of Barton.
E.
Any person desiring to repair or rebuild an unlicensed
historical motor vehicle or vehicles may make application to keep or maintain
the same, and upon payment of the fee of the inspecting officer, the inspecting
officer may issue a permit for a period not to exceed six months. Additional
extensions of the permit may be granted, upon application and payment of a
fee, prior to the expiration of the current permit, or extension, and also
provided that the applicant provides proof that progress is being made on
such repair, rebuilding or restoration. The determination of the sufficiency
of progress shall be the sole determination of the inspecting officer, who
may take into consideration such factors as age of the vehicle, availability
of parts and stage of the repair, rebuilding or restoration.
F.
Any person not wishing to license a motor vehicle may
make application for permission to store the same in the open within the Town
of Barton to the inspecting officer, and if, in the opinion of such officer,
said vehicle is operable, would pass New York State inspection, is not so
rusted or otherwise run down as to reduce property values or not in such condition
as to constitute a health hazard, he may issue a one-year permit for the maintenance
of the same. His determination will be subject to review by the Town Board
of the Town of Barton on its own motion, that of the applicant or by any objectant
thereof. Not more than one such vehicle shall be maintained on any one property.
Any person, association, partnership or corporation objecting to any
determination of the inspecting officer may, within 30 days of such determination,
appeal the same to the Town Board of the Town of Barton by filing a written
notice of appeal with the Town Clerk, who shall file the same and note the
date of receipt thereof and report the same to the Board, which shall hold
a hearing thereon within 60 days thereafter on notice to the interested parties
and make a determination of the same.
The inspecting officer shall be appointed by the Town Board of the Town
of Barton and may be the Code Enforcement Officer, Fire Inspector or a constable
of said town.
Any person who shall violate this chapter shall, upon conviction, be
subject to a fine not to exceed $1,000 or imprisonment for not more than 15
days, or both. Each day that such violation continues after notice of such
violation shall constitute a separate offense punishable by like fine or penalty.
