Town of Milton, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Milton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 88.
Abandoned and/or unregistered vehicles — See Ch. 167.
Zoning — See Ch. 180.
[Adopted 11-15-1990]
[Amended 3-19-1997 by L.L. No. 5-1997]
By adoption of this article, the Town Board of the Town of Milton declares its intent in so doing to be to regulate and control the presence of abandoned and unoccupied mobile homes and trailers within the limits of the Town of Milton, exclusive of the Village of Ballston Spa. Said Town Board hereby declares that the presence of abandoned and unoccupied mobile homes and trailers can constitute a hazard to property and persons and a public nuisance. Such mobile homes and trailers, their components and contents may be highly flammable. These mobile homes and trailers frequently contain sharp metal or glass edges or points upon which a human could receive serious cuts and abrasions. These abandoned mobile homes and trailers can constitute an attractive nuisance to children and certain adults. Abandoned and unoccupied mobile homes, due to the nature of their construction, rapidly deteriorate and become unsafe and attract vermin, insects and rodents. The presence of such abandoned mobile homes and trailers is unsightly and tends to detract from the value of surrounding land and property.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED
The relinquishment of all right, title, claim and possession with the intention of not reclaiming it or resuming its ownership, possession or enjoyment.
MOBILE HOME
A structure, transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling when connected to the required utilities, and shall include any addition to such mobile home. "Mobile home" shall not, however, refer to a camper trailer or a recreational vehicle.
PERSON
An individual, an association, a partnership or a corporation.
TRAILER
A vehicle with or without motor power designed for carrying persons or property and for being drawn by a motor vehicle, and shall include such vehicles from which tires and/or wheels have been removed.
UNOCCUPIED
That the subject mobile home shall have been not used for a residence for a period of eight months prior to a violation hereunder; the eight-month period may be extended an additional six months with proof of intent that subject mobile home will be used for human occupancy.
A. 
It shall be unlawful for any person to park, store, place or otherwise deposit abandoned or unoccupied mobile homes or trailers in, on or upon any premises, whether public or private, within the boundaries of the Town of Milton, exclusive of the Village of Ballston Spa.
B. 
It shall be unlawful for any person to suffer or permit the parking, storage, placing or otherwise depositing of any abandoned or unoccupied mobile home or trailer in, on or upon any premises, whether public or private, within the boundaries of the Town of Milton, exclusive of the Village of Ballston, unless permitted by Chapter 180, Zoning.
This article shall not apply to persons who are dealers in new or used mobile homes, provided that such persons are authorized by the State of New York to conduct such activity; and provided, further, that the presence of mobile homes is limited to the principal place of business of such dealer.
A. 
Any person who commits or permits any acts in violation of this article shall be deemed to have committed an offense against such article and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
B. 
For every violation of any provision of this article, the person violating the same shall be subject to fine of not more than $250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.
[Amended 3-19-1997 by L.L. No. 5-1997]
C. 
Any person violating this article shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue.
[Amended 3-19-1997 by L.L. No. 5-1997]
D. 
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article.