[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 11-21-1966
as Section 10-9 of Ch. 10 of the 1966 Code; amended 11-18-1968; 4-21-1975
by L.L. No. 3-1975. Other amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation, either as
owner, occupant, lessee, agent, tenant or otherwise, to deposit or cause to
be permitted to be deposited an abandoned, junked, discarded, inoperable,
dismantled or partially dismantled or wrecked motor vehicle, cycle or trailer
on any private land within the corporate limits of the Village of Freeport,
except when permitted by resolution of the Village Board on findings that
the enforcement of this prohibition would cause any of the aforementioned
persons occupying the land undue hardship and is not required in the public
interest.
As used in this chapter, the following terms shall have the meanings
indicated.
Parking, placing, leaving or permitting the parking, placing or leaving
of any motor vehicle, cycle or trailer chassis or portion of any motor vehicle,
cycle or trailer upon any privately owned property[1] in a junked, discarded, inoperable, unregistered, dismantled or
partially dismantled or wrecked condition.
If the provisions of the foregoing sections are violated, the Village
Clerk or the Superintendent of Buildings shall serve written notice, either
personally or by mail, upon the owner, occupant or person having charge of
any such land upon which any such motor vehicle, cycle or trailer is deposited
to comply with the provisions of this chapter, notifying such owner, occupant,
lessee, agent, tenant or otherwise having charge of such land upon which such
motor vehicle, cycle or trailer is deposited that unless same is removed within
five days from the date of notice, the Village of Freeport, acting through
its duly authorized agents, servants, officers and employees, will enter upon
said land and remove said abandoned, junked, discarded, inoperable, unregistered,
dismantled or partially dismantled or wrecked motor vehicle, cycle or trailer.
Any owner, occupant, lessee, agent, tenant or otherwise who shall neglect
and refuse to remove said abandoned, junked, discarded, inoperable, unregistered,
dismantled or partially dismantled or wrecked vehicle, cycle or trailer as
directed by this section; who shall fail or refuse to comply with the provisions
of any notice; or who shall violate any of the provisions of law; or who shall
resist or obstruct authorized agents, servants, officers or employees of the
Village of Freeport in the removal of any such abandoned, junked, discarded,
inoperable, unregistered, dismantled or partially dismantled or wrecked motor
vehicle, cycle or trailer shall be deemed in violation of this chapter and
shall be subject to a penalty not to exceed $100 for each and every violation.
In addition thereto, a violation of this chapter shall constitute disorderly
conduct, and a person violating same shall be deemed a disorderly person.
The provisions of this chapter shall not apply to licensed junk dealers
or with regard to any abandoned, junked, discarded, inoperable, unregistered,
dismantled or partially dismantled or wrecked motor vehicle, cycle or trailer
stored in an enclosed building or on the premises of a business enterprise
engaging in the repair or servicing of motor vehicles and operated in a lawful
place and manner when necessary to the operation of such business enterprise.
[Added 7-13-1987 by L.L. No. 5-1987]
The Police Department is authorized to convert in any calendar year
up to 1% of its unclaimed abandoned vehicles, but in no event more than two
vehicles in any calendar year, as authorized by § 1224 of the Vehicle
and Traffic Law of the State of New York.
