[HISTORY: Adopted by the Town Council of the Municipality of Kingston
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 181.
[Adopted 8-3-1992 by Ord. No. 1992-16[1]]
As used in this Article, unless otherwise stated, the following terms
shall have the meanings indicated:
Any vehicle propelled otherwise than by muscular power, including
trailers, semitrailers or other types of vehicles designed to be drawn by
a motor vehicle, except such vehicles as fall within the definition of "passenger
car" as set forth below.
A motor vehicle designed for carrying 10 passengers or less and primarily
used for the transportation of family and similar persons.
Any motor homes, campers, tent trailers, boats and/or boat trailers
or similar types and kinds of vehicles.
A motor vehicle designed and used primarily for drawing other vehicles
and not so constructed as to carry a load other than a part of the weight
of the vehicle and load so drawn.
No commercial vehicle with a gross weight exceeding 10,000 pounds or with greater than three axles or any truck tractor or recreational vehicle as defined in § 172-1 above shall be stored, parked or otherwise kept on the public street or roadway of any zoning district of the Municipality of Kingston. Storage of said vehicles shall be limited strictly to off-street parking and only in areas zoned C-1, C-2, C-3, M-1 or FP-1.
The restrictions set forth in § 172-2 above shall not apply to the following:
Any person or persons, firms or corporations violating any of the provisions
of this Article shall be subject to a fine of $300 for each violation, plus
costs of prosecution. Each day that the violation shall continue shall constitute
a separate offense under this Article.
[Adopted 9-8-1998 by Ord. No. 1998-5[1]]
[1]
Editor's Note: This ordinance also repealed former Article II,
Junked Vehicles, adopted 9-10-1990 by Ord. No. 1990-24.
The Town Council of the Municipality of Kingston expressly recognizes
and finds that the accumulation of junked vehicles creates a hazard or threat
or potential threat to the health, safety or welfare of the municipality's
citizens because such accumulation provides a breeding area for rodents and
vermin and because such accumulation provides an attractive nuisance for children
who are not aware of the dangers involved and, furthermore, creates an aesthetically
unsightly appearance within the municipality.
For purposes of this article, the following definitions shall be applicable.
A trailer or a motor vehicle which is unable to move under its own
power or has any of the following physical defects, regardless of whether
said vehicle is currently licensed, registered or inspected:
Broken windshields, mirrors or other glass with sharp edges which could
cause laceration.
One or more flat or open tires or tubes which could permit vermin harborage.
Missing doors, windows, hood, trunk or other body parts which could
permit animal harborage.
Any body parts with sharp edges, including holes resulting from rust,
which could cause laceration.
Missing tires, resulting in unsafe suspension of the motor vehicle which
could cause personal injury.
Upholstery which is torn or open which could permit animal and/or vermin
harborage.
Broken headlamps or taillamps with sharp edges which could cause laceration.
Disassembled chassis parts apart from the motor vehicle stored in a
disorderly fashion or loose in or on the vehicle which could cause personal
injury.
Protruding sharp objects from the chassis which could cause laceration.
Broken vehicle frame suspended from the ground in an unstable manner
which could cause injury if it fell to the ground.
Leaking or damaged oil pan or gas tank which could cause fire or explosion.
Exposed battery containing acid which could result in fire, burn or
other injury.
Inoperable locking mechanism for doors or trunk which could result in
suffocation if the vehicle were entered.
Open or damaged floorboards, including trunk and firewall, which could
cause personal injury.
Damaged bumpers pulled away from the perimeter of vehicle which could
cause laceration or other injury.
Broken grill with protruding edges which could cause laceration.
Loose or damaged metal trim and clips which could cause laceration or
other injury.
Broken communication equipment antennas which could result in personal
injury.
Suspension on unstable supports which could cause injury if the vehicle
fell to the ground.
Any other defects which could threaten the health, safety and welfare
of the citizens of the municipality.
Any self-propelled land vehicle which can be used for towing or transporting
people or materials, including, but not limited to, automobiles, trucks, buses,
motorhomes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles,
dune buggies and other off-the-road vehicles.
Any part or parts of any motor vehicle.
Includes any natural person, firm, partnership, association, corporation
or other legal entity of whatever kind.
Any real property not owned by the federal government, state, county,
school district or other political subdivisions.
The unsheltered storage of a junked motor vehicle, as otherwise defined
in this article, which constitutes a hazard or threat or potential threat
to the health, safety or welfare of the municipality's citizens.
The physical location or relocation of a motor vehicle to an authorized
location.
Any wheeled device used as a means of carrying, hauling or conveying
any vehicle, person, animal, boat or other object.
Any storage, except storage inside a building.
A.
It shall be unlawful for any person owning or having
custody of any junked motor vehicle to store or permit any such vehicle in
unsheltered storage on any private property or public street or highway within
the municipality for a period of more than 30 days after the expiration of
the thirty-day period following receipt of a notice requiring such removal,
and it shall be further unlawful for any person owning any private property
in the municipality or leasing any such property to store or to permit to
remain any such vehicle or accessories on his property for more than a like
period.
B.
It shall, furthermore, be unlawful for any person owning
or having custody of any motor vehicle parts and/or accessories which create
a hazard or threat or potential threat to the health, safety or welfare of
the municipality's citizens to store or permit any such accessories in
unsheltered storage on any private property or public street or highway within
the municipality for a period of more than 30 days after the expiration of
the thirty-day period following receipt of a notice requiring such removal,
and it shall be further unlawful for any person owning any private property
in the municipality or leasing any such property to store or to permit to
remain any such vehicle or accessories on his property for more than a like
period.
C.
It shall further be unlawful for any person, after notification
to remove any junked motor vehicle or motor vehicle accessories constituting
a public nuisance hereunder from any private property has been given, to move
the same to any other private property upon which such storage is not permitted
or onto any public highway or other public property for purposes of storage.
A.
The prohibition of § 172-7 hereof shall not apply to a limit of one junked motor vehicle or motor vehicle accessories stored within an enclosed building or in an area completely surrounded by a solid fence of a height not less than the height of the motor vehicle or motor vehicle accessories being stored, and the prohibitions of § 172-7 hereof shall not apply to the premises of a business enterprise otherwise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers. Such business enterprises shall include auto repair and auto body shops, but shall not include tire, battery and accessory sales stores, and the provisions hereof extending to permitted storage shall not extend to the storage at such business enterprises of more than five junked vehicles or trailers at any one time.
The Building Inspector or Code Enforcement Officer or police officer,
on routine inspection or upon receipt of a complaint, may enter upon private
property to investigate a suspected junked motor vehicle or motor vehicle
accessories stored or maintained in violation of this article and record the
make, model, style and identification numbers and its situation and condition.
Whenever the Building Inspector, Code Enforcement Officer or any member
of his Department finds or is notified that any junked motor vehicle or motor
vehicle accessories have been stored or permitted to remain on any private
property or public street or highway within the municipality and in violation
of the provisions of this article, the Building Inspector or Code Enforcement
Officer shall send, by certified or registered mail and regular mail, postage
prepaid, a notice to the owner of record or person having custody of such
motor vehicle or accessories, if such owner can be ascertained by the exercise
of reasonable diligence, and also to the owner of the private property, as
shown on the tax assessment records of the municipality, on which the same
is located, to remove the junked motor vehicle, trailer or motor vehicle accessories
within 30 days. Such notice shall contain the following additional information:
A.
Nature of complaint.
B.
Description and location of the motor vehicle and/or
motor vehicle accessories.
C.
Statement that the motor vehicle or motor vehicle accessories
shall be removed from the premises no later than 30 days from the date of
notification.
D.
Statement that removal from the location specified in
the notification to another location upon which such storage is not permitted
is prohibited and shall subject the person to additional penalties.
E.
Statement that if removal is made within the time limits
specified, notification thereof shall be given in writing to the Building
Inspector or Code Enforcement Officer.
F.
Statement of the penalties provided for noncompliance
with such notice.
If the owner of grounds on which motor vehicles are stored does not
comply with the notice to abate the conditions within the time limit prescribed,
the municipality shall have the authority to take measures to correct the
conditions and collect the cost of such corrections, plus 10% of all costs.
The municipality, in such event and pursuant to its statutory or otherwise
authorized police powers, shall have the right and power to enter upon the
offending premises to accomplish the foregoing.
A.
Any person violating any of the provisions of this article
shall, upon conviction, be guilty of a summary offense and shall be sentenced
to pay a fine of not more than $300 and/or to be committed to the county jail
for a period not exceeding 30 days, plus costs of prosecution, and each day
that a violation is committed shall constitute a separate offense.
B.
Remedies not mutually exclusive. The remedies
provided herein for the enforcement of this article or any remedy provided
by law shall not be deemed mutually exclusive. Rather, they may be employed
simultaneously or consecutively at the option of the Town Council.
