[Amended 5-21-2018 by Res. No. 5-01-2018]
The outdoor storage of abandoned, junked, discarded and unregistered
motor vehicles on privately owned property within the Village of Fultonville
is detrimental to the health, safety, and general welfare of the community.
The same also constitutes an attractive nuisance to children and in
many ways imperils their safety. Such storage also endangers the person
and property of members of the community, since fuel tanks containing
gasoline or gasoline fumes may easily explode. Such storage is unsightly
and depreciates property values. The control of the outdoor storage
of abandoned, junked, discarded and unregistered motor vehicles on
privately owned properties within the Village of Fultonville is therefore
regulated for the preservation of the health, safety and general welfare
of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
The intent of the owner of a motor vehicle not to use it
on the public highways shall establish it as abandoned. The intent
of the owner shall be determined by all relevant facts, including
but not limited to any one of the following: the physical condition
of the motor vehicle, any statements as to its abandonment, the length
of time since the motor vehicle was last used on the public highways
and whether the motor vehicle is currently registered. With respect
to a motor vehicle not required to be registered or motor vehicles
not usually used on public highways, the intent of the owner shall
be determined by the physical condition of the motor vehicle, the
length of time since it was last used for the purposes intended and
any statements as to its abandonment, and other relevant facts.
Any motor vehicle which the owner thereof, as established
by the surrounding circumstances, does not intend to recover the possession
of, or any motor vehicle whose owner cannot be found after due and
reasonable inquiry.
Any motor vehicle in such condition as to cost more to repair
and place the same in operating condition than the reasonable market
value before such repair.
Every vehicle originally designed and intended to be operated,
drawn or driven, or capable of being operated, drawn or driven, upon
a public highway by any power other than muscular power. For the purposes
of this chapter the term "motor vehicle" shall include but not be
limited to automobiles, trucks, buses, motorcycles and trailers.
A person, firm or corporation. having the property in or
title to a motor vehicle, including a person entitled to the use and
possession of a vehicle subject to a security interest in another
person, and also including any lessee or bailee of a motor vehicle
having the use thereof under lease or otherwise.
A person, firm or corporation being the owner, contract purchaser,
receiver or assignee of private premises or private property located
within the Village of Fultonville.
Includes all parcels of real property privately owned, situated
in the Village of Fultonville, whether occupied or vacant.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Any motor vehicle which may be registered with the State
of New York and is not currently registered. The fact that a motor
vehicle which may be registered with the State of New York does not
display a current license plate or displays an expired license plate
shall be presumptive evidence of the fact that such motor vehicle
is not currently registered.
A.
It shall be unlawful for any person, firm or corporation, as owner
of property within the Village of Fultonville, to store or deposit
or cause or permit to be deposited an abandoned, junked, discarded
or unregistered motor vehicle, or part or piece thereof, on any private
property within the Village of Fultonville, unless such motor vehicle
is stored or deposited in a completely enclosed building.
B.
It shall be unlawful for any person, film or corporation, as owner
of any private property within the Village of Fultonville, to store
or deposit, or cause or permit to be stored or deposited thereon,
an unregistered motor vehicle unless:
(1)
Such motor vehicle is the inventory or part of the inventory of a
new or used motor vehicle dealer located in compliance with the ordinances
and local laws of the Village of Fultonville.
(2)
Storage of one camping trailer or recreational vehicle, and one boat
provided storage occurs inconspicuously on a residential lot behind
the front setback of the dwelling located thereon and not less than
five feet from the nearest lot line.
