[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:
- ABANDONED MOTOR VEHICLES
- 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.
- DISCARDED MOTOR VEHICLE
- 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.
- JUNKED MOTOR VEHICLE
- 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.
- MOTOR VEHICLE
- 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.
- OWNER OF MOTOR VEHICLE
- 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.
- OWNER OF PRIVATE PROPERTY
- 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.
- PREMISES or PROPERTY
- Includes all parcels of real property privately owned, situated in the Village of Fultonville, whether occupied or vacant.
- RECREATIONAL VEHICLE
- A vehicle which is:
- A. Built on a single chassis;
- B. Four hundred square feet or less when measured at the largest horizontal projections;
- C. Designed to be self-propelled or permanently towable by a light-duty truck; and
- D. Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
- UNREGISTERED MOTOR VEHICLE
- 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.
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.
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:
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.
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.