[HISTORY: Adopted by the Town Board of the
Town of Grand Island 2-7-1949 (Ch. 20 of the 1963 Code). Amendments noted where applicable.]
This chapter shall be known as the "Travel Trailer/Motor
Home Law of the Town of Grand Island."
It is the purpose of this chapter to promote
the health, safety, morals and general welfare of the inhabitants
of the Town of Grand Island by the more efficient regulation of motor
homes and campgrounds.
As used in this chapter, the following terms
shall have the meanings indicated:
Any lot, piece or parcel of ground, whereon two or more travel
trailers/motor homes, house cars, or automobile trailers equipped
with sleeping or living quarters, are located or parked, otherwise
than for the purpose of loading, unloading, or discharge or entrance,
of occupants or passengers.[1]
The lot or space in any camp which shall be assigned to,
used and occupied by, any one travel trailer/motor home equipped with
sleeping or living quarters.[2]
Any vehicle used, designed for use, or capable of being used
as sleeping or living quarters, mounted on wheels or capable of being
mounted on wheels, whether propelled by its own power or the power
of another vehicle to which it may be attached.
[Amended 3-1-1954]
No person, firm or corporation being the owner
or occupant of any land or premises, within the Town of Grand Island,
shall use or permit the use of said land or premises as a campground
without obtaining a license therefor, as hereinafter provided.[2]
A.
Application for license.
(1)
The application for each campground license shall
be in writing and signed by the applicant. It shall state:
(a)
The name and address of the applicant.
(b)
The name and address of each partner, if the
applicant is a partnership.
(c)
The name and address of each officer and director,
if the applicant is a corporation.
(d)
A complete description of the premises upon
which the proposed camp is to be located.
(e)
The name and address of the owner or owners
of such premises.
(f)
The number of camp units to be provided in the
proposed camp.
(2)
Each application shall be accompanied by a complete
plan of the proposed campground, drawn to scale, showing: the layout
of the camp, the location, size and arrangement of each camp unit,
the location of streets, the location and number of cabins, lavatories,
showers and tubs for each sex, the location of water service and fire
hydrants and the location of slop sinks, garbage receptacles and laundry
trays. Each application shall also be accompanied by a detailed plan
and description, showing the entranceway and the fence or hedges and
the height and style thereof to be erected on that portion of the
camp abutting a street or public highway. Where the applicant is not
the owner of the premises, the application shall also be accompanied
by a copy of the lease of the premises and a written statement signed
by all the owners consenting that the premises be used for the purpose
of a campground.
[Amended 10-15-2012 by L.L. No. 3-2012]
B.
Filing of application and submission of same to the
Code Enforcement Officer and Town Board. Each application shall be
filed with the Town Clerk who, thereupon, shall submit the same to
the Code Enforcement Officer. The Code Enforcement Officer shall,
after investigation, transmit the application to the Town Board, together
with his written approval or disapproval thereof or recommendations
pertaining thereto. Such applications shall, after investigation,
be approved or rejected by the Town Board, after which the application
shall be filed with the Town Clerk and the applicant notified in writing,
by the Clerk, of the action taken thereon.
[Amended 4-20-1981]
C.
Issuance of licenses. The Town Clerk of the Town of
Grand Island, upon the written application and upon the approval of
the same by the Code Enforcement Officer and the Erie County Health
Department and upon payment of the fee hereinafter provided, shall
issue a license to become effective from the date thereof and continue
in force for the term specified therein, but in no event longer than
until the 31st day of December next succeeding, for the use of the
premises therein specified as a campground, which license shall specify
the number of camp units which may be used in said camp. Such license
shall not be transferable or assignable.
[Amended 4-20-1981]
D.
Fees. The applicant shall, at the time of the issuance
of any such license, pay to the Town Clerk a fee in the amount set
forth in the Schedule of Fees adopted by Town Board resolution and
filed in the office of the Town Clerk.
[Amended 4-20-1981; 5-2-1988 by L.L. No. 1-1988]
[Amended 3-1-1954; 8-18-1958; 4-20-1981; 10-15-2012 by L.L. No. 3-2012]
A.
Maintenance.
No travel trailer/motor home shall be located in any residential district
unless licensed, registered, and maintained in compliance with applicable
law.
B.
Number of trailers/motor homes. Not more than one
such travel trailer/motor home shall be permitted to park or otherwise
locate on each separate lot or parcel of land other than a campground.
C.
Duration of stay and extension thereof. No such travel
trailer/motor home shall be permitted to remain upon any premises
other than a campground for a longer period than one month in every
12 months, if occupied, nor in any campground, whether occupied or
unoccupied, for a longer period than six months in each twelve-month
period; provided, however, that the Town Board shall have the power
to permit occupied travel trailers/motor homes to remain for longer
periods in the event of public emergency or hardship to the occupant.
D.
Location of travel trailer/motor home on lot. Such travel trailer/motor home shall not be parked or otherwise located nearer than five feet to the side line of any lot or parcel of land nor within the setback area from the street line of such premises, as defined by Chapter 407, Zoning, of the Town of Grand Island.
E.
Removal of wheels. It shall be unlawful to permanently
remove wheels from a travel trailer/motor home or otherwise permanently
affix such trailer to the ground. Such removal or affixation shall
be grounds for the revocation of the permit for such travel trailer/motor
home and shall subject such travel trailer/motor home and the owner
thereof to the penalties provided for violations of this chapter.
F.
Public highways. No travel trailer/motor home shall
park on any public highway in the Town of Grand Island for a longer
period than six hours per day (subject to any other applicable parking
restrictions).[1]
[1]
Editor's Note: Original Section 20-8 of the 1963 Code, Regulations
for trailer camps, as amended 4-20-1981, whcih immediately followed
this section, was repealed 10-15-2012 by L.L. No. 3-2012.
[Amended 4-20-1981]
The Code Enforcement Officer of the Town of
Grand Island shall enforce all provisions of this chapter, with the
assistance of the police officers or other enforcement officers of
the Town of Grand Island. Such Code Enforcement Officer, police officers
or other enforcement officers shall have the right to enter upon such
campground or other premises used for the parking or location of a
travel trailer/motor home at all times.
[Amended 4-20-1981; 10-15-2012 by L.L. No. 3-2012]
If the Code Enforcement Officer, upon inspection,
find that such campground is not being maintained in a clean and sanitary
condition as reported by the Erie County Health Department or that
such campground is not being conducted in accordance with the regulations
applicable to such campground and the provisions of this chapter,
he or she shall serve upon the holder of such license or the person
in charge of such campground an order, in writing, directing that
the conditions therein specified be remedied within five days after
the service of such order. If, after the expiration of such period,
such conditions remain unchanged or are not corrected in accordance
with the order of the Code Enforcement Officer, the Code Enforcement
Officer shall serve a notice in writing upon such campground owner
or the person in charge of such campground, requiring the holder of
such license to appear before the Town Board of the Town of Grand
Island at a time to be specified in such notice, not less than 24
hours in advance, to show why such license should not be revoked.
The Town Board may, after a hearing at which the testimony of witnesses
of the Code Enforcement Officer and the Erie County Health Inspector
and the holder of the license shall be heard, revoke such license
if the conditions described in the original order have not been corrected
in accordance with the terms of such order or if the holder of the
license has violated the regulations applicable to such campground
or has violated any of the provisions of this chapter or for any other
sufficient cause, and, upon the revocation of such license, the premises
shall forthwith cease to be used for the purpose of a campground,
and all travel trailers/motor homes shall be removed therefrom.
[Amended 4-20-1981][1]
Application for the renewal of any campground license, issued pursuant to this chapter, must be filed with the Town Clerk on or before the first day of December next preceding the expiration of said license. The application for renewal shall be in writing and signed by the applicant and shall contain the same information as required by § 348-5A of this chapter in the case of original applications for license, except that such renewal application need not be accompanied by a plan of the campground or of the proposed fence or hedge, unless some change in plan or layout of the camp or in said fence or hedge is contemplated by the applicant; nor is it necessary that said renewal application be accompanied by the lease of the premises, unless a new lease has been entered into subsequent to the time of filing the previous application, in which event the original or copy of the new lease shall be attached to the application for a renewal; nor shall it be necessary to attach to such application for renewal the written consent of the owners of the premises that the same may be used for the purpose of a campground, unless there shall have been a change in ownership since the filing of the previous application, in which event such written statement signed by all the new owners of the premises must accompany the application for a renewal of the license by the Code Enforcement Officer and the Town Clerk. The Town Clerk shall issue a renewal license which shall become effective upon the expiration of the prior license and shall continue in force for the term specified therein, but in no event longer than for a period of one year. Such renewal license shall not be transferred or assigned. The applicant shall, at the time of the issuance of any such renewal license, pay to the Town Clerk the same fee provided in § 348-5D of this chapter covering the original issuance of campground licenses.
[Amended 12-7-1964][1]
Any person, firm or corporation who violates
any provision of this chapter shall be guilty of a misdemeanor and
subject to a fine of not more than $1,000 or to imprisonment for a
period of not more than one year, or to both such fine and imprisonment,
and, in addition, the violation of this chapter or any of the provisions
thereof shall subject the person, firm or corporation violating the
same to a civil penalty in the sum of $100, and when a violation of
this chapter or any of the provisions thereof is continuous, each
24 hours thereof shall constitute a separate and distinct violation,
said penalty to be recovered by the Town of Grand Island in a civil
action. The application of the above penalty or penalties or the prosecution
for the violation of the provisions of this chapter shall not be deemed
to prevent the revocation of any license issued pursuant thereto or
the enforced removal of conditions prohibited by this chapter.
None of the provisions of this chapter shall
be applicable to any travel trailers/motor homes stored or garaged
within a building where such travel trailers/motor homes are not being
used or occupied as living or sleeping quarters.
The issuance of a trailer or campground license,
pursuant to this chapter, shall not be deemed to waive compliance
by the holder thereof, by the property owner, or by any occupant of
said camp, with any statute of the State of New York, or ordinance,
or health regulation of the Town of Grand Island.