[HISTORY: Adopted by the Town Board of the Town of Plattekill 4-5-1989 as L.L. No. 2-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Junkyards — See Ch. 60.
Landfills — See Ch. 63.
Zoning — See Ch. 110.
A. 
The Town Board of the Town of Plattekill seeks to obtain a clean, wholesome and attractive environment for its citizens; and in order to achieve the health, safety and welfare of the people of the town, the Town Board is entrusted with the power and authority to pass such legislation as will provide for safeguards from such conduct which detracts from the environment and otherwise has a negative impact upon the town.
B. 
Specifically, the Board finds that the accumulation of motor vehicles which appear to be no longer operable or intended for the normal use intended, whether on residential lots or otherwise, not only presents a blight to the visual aesthetics of the community but actually constitutes a hazard to the health, safety and welfare of the citizens of the town. These considerations necessitate the regulation, restraint and elimination of the accumulation of such hazards when it is found that more than one such inoperable, unregistered or junked motor vehicle, as hereinafter defined, has been caused or permitted to accumulate. Such regulation is deemed to be a minimal intrusion upon the rights of its citizens in view of the fact that such vehicles, when abandoned or stored on private property:
(1) 
Can constitute both a public and private nuisance.
(2) 
Are a source of potential injury and/or harm to children and others who find them an attractive nuisance.
(3) 
Are often replete with broken glass, sharp torn metal edges and points, gasoline and other flammable remaining tanks of a highly combustible and explosive nature and dangerous, explosive and/or corrosive acids in batteries, to mention a few of the obvious sources of physical danger found in junked vehicles.
(4) 
Constitute a blight on the Town of Plattekill landscape.
(5) 
Destroy the aesthetic qualities of the town and are generally unsightly.
(6) 
Tend to depreciate not only the property on which they are located but also depreciate the property of other persons in the neighborhood and the town in general.
(7) 
Make the town a less safe and less pleasant place in which to live and to do business.
(8) 
Damage the welfare of the town as a whole.
(9) 
Tend to result in the uncontrolled growth of grass and weeds.
(10) 
Tend to result in the uncontrolled collection of debris.
(11) 
Tend to be a breeding ground for insects, rodents and similar harmful creatures.
(12) 
Threaten the surrounding soil and water resources from chemicals and other pollutants derived from the vehicles.
This chapter shall be known and cited as the "Town of Plattekill Inoperable, Unregistered, Abandoned or Junked Vehicle Local Law."
A. 
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the singular includes the plural when used herein. The term "shall" is always mandatory.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ANTIQUE MOTOR VEHICLE
Any motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year and which has been maintained in or restored or will be maintained in and restored to a condition which is substantially in conformance with the manufacturer's specifications.
AUTOMOBILE SERVICE STATION
Any building or land that is used for the sale of motor fuel, oil and motor vehicle accessories and which may include facilities for lubricating, washing or servicing motor vehicles, but not including painting or major repairs.
CLASSIC MOTOR VEHICLE
Any motor vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored or will be maintained in or restored to a condition which is substantially in conformity with the manufacturer's specifications and appearance.
COMMERCIAL GARAGE
Any business repairing motor vehicles or any part thereof.
ENFORCEMENT OFFICER
The person appointed by the Town Board, or said person's designated deputy, to perform the duties herein conferred on the "enforcement officer."
INOPERABLE, UNREGISTERED, ABANDONED OR JUNKED VEHICLE
Any motor vehicle, whether automobile, bus, trailer, truck, tractor, motor home, motorcycle, recreational vehicle or any other contraption originally intended for travel on the public highways, which is abandoned, stored, left or located by its owner or any other person or is permitted or condoned to be abandoned, stored, left or located by its owner or any other person on public or private premises in the Town of Plattekill, outside of a junkyard which has a permit to operate in the Town of Plattekill, which vehicle:
(1) 
Is not registered by the State of New York for operation on public highways or which has not been registered during the preceding six months;
(2) 
Is not currently registered and not in a condition for legal use on the public highways. A vehicle which is in condition to pass the requirements for the New York State motor vehicle inspection sticker shall be deemed to be in condition for legal use on the public highways;
(3) 
Is no longer intended to be used on the public highways, the condition of the vehicle and circumstances surrounding its storage or abandonment being admissible for purposes of determining such intent; or
(4) 
Is being held or used for the purpose of resale of used parts therefrom or for the purpose of reclaiming for use some or all of the materials therein or for the purpose of disposing of the same.
JUNKYARD
Any land or building used for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, wrecking, dismantling, storage, salvaging or sale of vehicles or machinery parts and as defined in § 60-2 of the Code of the Town of Plattekill.
OPEN STORAGE
Storage other than in a completely enclosed structure such as a garage. Such structure shall be constructed of wood, masonry, metal or other material usually accepted in the construction industry for use in the construction of a structure of a more than temporary nature.
PERSON
Includes an individual, firm, partnership, association, corporation, company or organization.
REPAIR SETTLEMENT
Determination by whatever means, including settlement of a claim, arbitration or legal action, that any person other than the owner of a vehicle is liable to pay or will pay for the repair of damage to a vehicle resulting from any vehicular accident.
TOWN
Includes all areas within the Town of Plattekill, both publicly and privately owned.
WRECKER
Any business operating a vehicle for towing or hauling other motor vehicles.
Open storage of more than one inoperable, unregistered, abandoned or junked vehicle shall not be permitted on private or public property within the Town of Plattekill, except as permitted in junkyards and by this chapter, and no unlicensed motor vehicle shall be parked or stored or allowed to be parked or stored by the owner thereof or by any other person on public property.
A. 
The Town of Plattekill enforcement officer and other representatives of the town shall have the right to enter and inspect, at any reasonable hour, any premises on which vehicles are openly stored and to inspect such vehicles. Said right of entry shall not be limited in any way by the existence or lack of existence of a request, authorization, license or other consent or approval of entry, inspection or removal and disposal.
B. 
In the event of noncompliance with the provisions of this chapter, the enforcement officer may issue an appearance ticket, returnable before the Town of Plattekill Justice Court at a date and time as specified on the appearance ticket. The appearance ticket shall specify the alleged local law violation, date and time and a description of the vehicle(s) involved, a copy of which shall be forwarded to the Town Justice and shall be accompanied by an information form detailing the violation and the attempts made by the enforcement officer to achieve compliance.
A. 
The enforcement officer shall give written notice by personal service or by registered or certified mail on the owner of the inoperable, unregistered or junked vehicle or on the owner or tenant of any property on which the vehicle is openly stored. Such notice shall direct the person so served, regardless of the ownership of the vehicle if the property owner or tenant is served, to terminate the open storage of such vehicle within the town within the following time periods:
(1) 
Ten days of personal service; and/or
(2) 
Thirteen days from mailing, where service is by registered or certified mail.
B. 
The notice shall state that if the person served contends that said vehicle is not an inoperable, unregistered or junked vehicle, as herein defined, the person shall notify the enforcement officer, in writing, of such contention within the following time periods:
(1) 
Ten days of personal service; and/or
(2) 
Thirteen days from mailing, where service is by registered or certified mail.
C. 
The person served shall allow a representative of the town to inspect such vehicle with the person served or a representative of the person served within five days of such notification. Within five days after such inspection, the Town of Plattekill shall inform the person served of its findings, in writing, by personal service or by certified or registered mail. If the findings are that one or more of the vehicles specified in the original notice are being stored by the person served with the original notice, said person shall terminate open storage of said vehicle within the Town of Plattekill within the following time periods:
(1) 
Five days of personal service of such findings; and/or
(2) 
Eight days of mailing, where service of such findings is by registered or certified mail.
D. 
If the person so served institutes a proceeding under Article 78 of the Civil Practice Law and Rules to set aside said determination, such termination of storage shall not be required pending a decision in the proceeding. If the court's decision upholds the Town of Plattekill's determination, open storage of the vehicle within the town shall be terminated within five days following service of notice of entry of the court order or, if an appeal is taken and a court stay of execution is granted, within five days of the expiration of the stay of execution.
A. 
Upon written application, the Town of Plattekill enforcement officer may issue a permit for the open storage of an inoperable, unregistered, abandoned or junked vehicle, as defined by this chapter, pending the making of such repairs as are necessary to place said vehicle in a condition for legal operation for use on a public highway. The applicant must agree, in writing, that if said repairs have not been made by the end of the permit period, the applicant will terminate open storage of the vehicle within the Town of Plattekill, unless extended upon reapplication for another period. This application must be accompanied by a fee as established from time to time by resolution of the Town Board of the Town of Plattekill. Permits shall be issued for a period not to exceed six months.
B. 
The application, on forms furnished by the Town of Plattekill, shall state the following:
(1) 
The name, address and telephone number of the applicant. The applicant shall be the owner of the vehicle.
(2) 
The name, address and telephone number of the owner or tenant of the property where the vehicle is stored. If the owner of the vehicle is not the owner or tenant of the property where the vehicle is stored, written permission from the owner or tenant of the property must accompany this application to allow storage of the vehicle during the permit period.
(3) 
The make, model, year of manufacture, serial number, type (pickup truck, four-door sedan, etc.) and color of the vehicle.
(4) 
The most recent year of registration, the state registered in, plate number and registration number of the vehicle.
(5) 
The expiration date of the most recent state inspection and the serial number of the inspection sticker.
(6) 
A full description of the repairs to be made on the vehicle so that it will comply with this chapter.
(7) 
What person or company will make the repairs.
(8) 
The place where the vehicle is presently stored.
(9) 
The place where the repairs will be made.
(10) 
That the owner intends to bring said vehicle into compliance within six months.
C. 
If the applicant is the owner or tenant in possession of the property where the vehicle to be restored is stored, as part of the application, said applicant shall give the town and its designees a license to enter such premises for the purpose of inspection following the expiration of the permit if, at such time, said vehicle is an inoperable, unregistered abandoned or junked vehicle as herein defined.
D. 
If the applicant is not the owner or tenant in possession of such premises, the application shall include a license from the owner or tenant in possession of said premises to permit such inspection and removal.
E. 
Such licenses shall also state that the Town of Plattekill shall have the right to make such inspection upon any other premises owned by the applicant or the licensor to which such vehicle may be moved within the Town of Plattekill. Such license shall state that it is irrevocable for a period of 90 days from the expiration of the permit.
F. 
A separate permit shall be required for each separate vehicle to be restored. In no event shall more than two compliance permits be issued for a given property at any one time.
G. 
No permit shall be issued after the original notice provided for in § 59-6 has been personally served or mailed by registered or certified mail unless the applicant supplies the enforcement officer with an affidavit stating that he or she had no knowledge of the Town of Plattekill's Inoperable, Unregistered, Abandoned or Junked Vehicle Local Law and the requirement that a permit be acquired for the restoration of inoperable, unregistered, abandoned or junked vehicles. Such an affidavit may be used one time only for any one applicant.
H. 
Inspection after the permit period has expired shall be at a time specified in a notice of inspection or on not less than three days' notice, served either personally or by mail.
I. 
The applicant may participate in the inspection. The procedure outlined in § 59-6 for the service of the determination, time for removal following such service and for stays on appeal shall apply to expired permit proceedings.
A. 
Upon written application, the Town of Plattekill enforcement officer may issue a permit for the restoration of an antique or classic vehicle, as defined by this chapter. The permit shall be issued for a period not to exceed 12 months and may be extended only once for an additional period of three months upon a satisfactory showing that the vehicle restoration will be completed within the additional three-month extension period. The fee for the permit shall be established from time to time by a resolution of the Town Board of the Town of Plattekill.
B. 
The application for a restoration permit shall be on forms furnished by the Town of Plattekill and shall state the following:
(1) 
The name, address and telephone number of the applicant. The applicant shall be the owner of the vehicle.
(2) 
The name, address and telephone number of the owner or tenant of the property where the inoperable, unregistered, abandoned or junked vehicle is stored. If the owner of the vehicle is not the owner or tenant of the property where the vehicle is stored, written permission from the owner or tenant of the property must accompany this application to allow storage of the vehicle during the permit period.
(3) 
The make, model, year of manufacture, serial number, type (pickup truck, four-door sedan, etc.) and color of the vehicle.
(4) 
The most recent year of registration, the state registered in, plate number and registration number of the vehicle.
(5) 
The expiration date of the most recent state inspection and the serial number of the inspection sticker.
(6) 
What person or company will make the repairs.
(7) 
The place where the vehicle is presently stored.
(8) 
The place where repairs will be made.
(9) 
Certification that the owner intends to restore said vehicle within 12 months from the date of the application.
C. 
In the case of an application to restore a classic motor vehicle, the applicant must establish by satisfactory evidence that the applicant's vehicle complied with the definition of "classic or antique motor vehicle" in § 59-3.
Inoperable, unregistered, abandoned or junked vehicles may be stored in junkyards that have met the requirements of Chapter 60 and Chapter 110 of the Town Code of the Town of Plattekill.
Inoperable, unregistered, abandoned or junked vehicles may be stored in areas designated by the Town Board of the Town of Plattekill as temporary holding areas for such vehicles by the Town of Plattekill or by persons under contract or agreement with the Town of Plattekill for the disposal of said vehicles.
A. 
Provided that such operations are permitted by all applicable zoning laws and regulations, including rights under any nonconforming uses and including any limitations, restrictions or conditions established according to law by the Town Board, the Zoning Board of Appeals, the Planning Board or any court of competent jurisdiction, and are not in violation of any applicable private restrictive covenant or agreement filed or recorded in the Ulster County Clerk's office, then the following is provided:
(1) 
Any wrecker may store inoperable, unregistered, abandoned or junked vehicles on one site but not on more than one site within the town, provided that said vehicles are not stored within the Town of Plattekill for more than 15 days.
(2) 
Any commercial garage may store inoperable, unregistered, abandoned or junked vehicles on any one site but not on more than one site within the Town of Plattekill pending and during repair of such vehicles, provided that said vehicle is not stored within the town for more than 60 days unless a permit for an extension is issued by the enforcement officer.
B. 
Where a repair settlement is pending, in good faith, the foregoing time periods shall not start to run until either a repair settlement has been made or the inoperable, unregistered, abandoned or junked vehicle has been stored within the Town of Plattekill for a period of four months.
C. 
For good cause shown, the enforcement officer may extend, by permit, any time period for such period of time as the enforcement officer determines is reasonably necessary to permit repair of an inoperable, unregistered, abandoned or junked vehicle. The enforcement officer may refuse to permit such extended storage if said officer determines that the applicant has not attempted to complete repairs within the regular time period, is not in good faith or is in violation of this chapter in any way. A fee, as established from time to time by resolution of the Town Board of the Town of Plattekill, shall be paid for each permit, and the applicant shall agree that the vehicle will be repaired or disposed of at the end of such extension or any subsequent extension.
D. 
Records.
(1) 
Wreckers and commercial garages shall keep records showing the make, engine number, license plate number, if any, vehicle owner, vehicle owner's address, purpose for storage, any prior storage within 12 months by them or, if known, by anyone else within the town and the starting and ending dates of storage for each inoperable, unregistered or junked vehicle. Such records shall be shown to the town officials upon request during business hours. Such records shall be prima facie evidence of the statements therein contained but shall be rebuttable.
(2) 
In the absence of such records or other sufficient proof that said vehicle has not been stored in violation of this chapter, the operator of such business shall terminate storage of the vehicle within the town within five days of receipt in person or within eight days of mailing of a notice to terminate such storage unless:
(a) 
The operator contends that the junked vehicle is not an inoperable, unregistered, abandoned or junked vehicle and requests an inspection under § 59-6;
(b) 
The operator obtains a permit for extended storage for repair under this section; or
(c) 
The operator has established, by sufficient proof, that the storage period has not expired.
E. 
Anything in this chapter notwithstanding, any disabled vehicle may be stored on the premises of any gasoline station for up to seven days.
Any vehicles being actively used in farming operations shall be exempted from the provisions of this chapter, provided that:
A. 
The vehicles are being used on private property and are being held for continuing operation on private property and are not being held primarily for nonoperating purposes.
B. 
The vehicles, if not in a condition for legal operation on public highways, are in a condition so that they can be operated and so that such operation on private property will not be unduly dangerous to the operator, passengers or others.
C. 
The vehicles are in such condition that there are no sharp metal, broken glass or other conditions which would endanger children or other persons who might be attracted to play on or around the vehicles.
This chapter shall not be construed to prohibit the open storage, not to exceed four years, of a motor vehicle which is unregistered and is in operable condition and is owned by a member of the armed forces who is serving on active duty.
A. 
No legal action shall be taken against any person with regard to any violation of this chapter, which violation exists on the date of the enactment of this chapter, provided that such person terminates all violations by him or her, whether by removal, repair or permit, as herein provided, within the following time periods:
(1) 
If, on the enactment date of this chapter, said person is in violation with respect to four or fewer inoperable, unregistered, abandoned or junked vehicles, said person terminates all violations within 30 days of said enactment date.
(2) 
If, on said enactment date of this chapter, said person is in violation with respect to 15 or fewer but more than four inoperable, unregistered, abandoned or junked vehicles, said person terminates violations with respect to at least five vehicles within 30 days and with respect to the remaining vehicles within 60 days of said enactment date.
(3) 
If, on said enactment date of this chapter, said person is in violation with respect to an excess of 15 inoperable, unregistered, abandoned or junked vehicles, said person terminates violations with respect to at least five vehicles within 30 days, with respect to at least 15 vehicles within 60 days of said enactment date and with respect to all other inoperable, unregistered, abandoned or junked vehicles within 120 days of said enactment date.
B. 
The sole effect of such amnesty period shall be to provide immunity from fine or punishment, and it shall not be interpreted as making legal, for any other purpose, the storage of any inoperable, unregistered, abandoned or junked vehicle or creating any nonconforming use or creating any break in time with regard to the length of time that the storage of any vehicle has been illegal.
A violation of this chapter shall be punishable by a fine of up to $250 per violation or by imprisonment for up to 15 days, or by both. A violation of this chapter shall also subject the violator to a civil penalty of the greater of $100 per separate violation or the town's costs of inspection, service of notices, removal, towing and permanently disposing of such vehicles, less any criminal monetary fine which may have been imposed. Each inoperable, unregistered, abandoned or junked vehicle stored in violation of this chapter shall constitute a separate violation. Each week that such separate violation shall continue to be carried on shall constitute an additional separate violation.
The Town of Plattekill enforcement officer may make reasonable rulings and may issue reasonable regulations in furtherance of and consistent with the intent of this chapter.
Should any section, subsection, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of this chapter shall not be affected thereby and shall remain in full force and effect, and, to this end, the provisions of this chapter are declared to be severable.