[HISTORY: Adopted by the Town Board of the
Town of Brighton 6-13-1990 by L.L. No. 4-1990. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
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.
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:
Is currently unregistered with the State of
New York or any other state, and has not been so registered within
the past 32 days;
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
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.
A.
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]
B.
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.
C.
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]
