[HISTORY: Adopted by the Town Board of the Town of Brighton 6-13-1990 by L.L. No. 4-1990. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 185.
This chapter is enacted in recognition of the fact that junk cars abandoned or stored on private property can constitute both a public and private nuisance. They are a source of potential hurt to children and others who may find them an attractive nuisance. They are replete with broken glass, sharp torn metal edges and points, gasoline remaining in tanks of a highly explosive and combustible nature and hurtful acid in batteries, to mention but a few of the more obvious sources of potential physical hurt found on these junk cars. Besides this, these junk cars constitute a blight on the Town's landscape; they destroy the aesthetic qualities of the Town and they are generally otherwise unsightly. Their existence tends to depreciate not only the property on which they are located but also the property of other persons in the neighborhood and Town generally. They constitute the Town a less safe and less pleasant place in which to live and to do business. They hurt the welfare of the Town as a whole.
[Added 1-24-1996 by L.L. No. 1-1996]
No person shall keep or possess or permit to be kept or possessed any junk car, as defined in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT OFFICER
- The Commissioner of Public Works or designee of the Town unless the Town Board by resolution designates some other Town officer as "enforcement officer" or by resolution establishes the position of "enforcement "officer for the Town and appoints some qualified person thereto at a salary specified in such resolution.
- JUNK CAR
- Any motor vehicle (whether automobile, bus, truck, tractor, trailer, mobile home, motorcycle or any other contraption originally intended for use on public highways) which is abandoned outside of a private garage, stored outside of a private garage, left outside of a private garage or located by its owner outside of a private garage; or is permitted or condoned to be abandoned outside of a private garage or located by its owner outside of a private garage; and which meets at least one of the following conditions:
- A. Is currently unregistered with the State of New York or any other state, and has not been so registered within the past 32 days;
- B. Is currently without a valid inspection sticker issued by the State of New York or any other state, and has not possessed such a sticker within the past 32 days; or
- C. Is not operable and/or is not in condition for legal use on a public highway.[Amended 1-24-1996 by L.L. No. 1-1996; 3-8-2000 by L.L. No. 1-2000]
- Includes any individual person or persons, firm, partnership, corporation, whether business, membership, religious, charitable or otherwise, any association or other unit or entity owning real property in the Town of Brighton.
Any person who violates or knowingly permits the violation of this chapter shall be deemed to have committed an offense against this chapter and shall be subject to the penalties provided in Chapter 1, General Provisions.
[Amended 1-24-1996 by L.L. No. 1-1996]
Each separate violation shall constitute a separate additional offense. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
Notwithstanding the foregoing, any person violating any provision of this chapter or any article, section or subdivision thereof shall be subject to a civil penalty in the sum of $350 for the first such violation, $700 for the second such violation and $1,000 for any subsequent violations, said penalties to be recoverable in a civil action in the name of the Town of Brighton.
[Amended 3-12-2008 by L.L. No. 3-2008]