[HISTORY: Adopted by the Town Board of the Town of Penfield 1-8-2003 by L.L. No. 1-2003; amended in its entirety 12-16-2015 by L.L. No. 3-2015. Subsequent amendments noted where
applicable.]
The purpose of this chapter shall be to promote a clean, wholesome,
attractive environment and to promote and preserve the health, safety,
welfare, and good order of the community by prohibiting the maintenance
of junkyards and the exposure of dangerous or unsightly vehicles to
the public view.
A.
The provisions of this chapter shall apply to the parking, storage
and display of all vehicles within the Town of Penfield, with the
exception of vehicles used directly and solely for agricultural purposes
by a farmer engaged in a farming operation as defined in the New York
State Agriculture and Markets Law.
B.
Where, in any specific case, different sections of this chapter or
any other applicable law, ordinance, rule or regulation specifies
different or conflicting requirements, the more restrictive requirements
shall apply.
As used in this chapter, the following terms shall have the
meanings indicated:
A vehicle that is left unattended for more than 48 hours
on the property of another, if left without the permission of the
property owner.
Any vehicle that is used in conjunction with any business
or trade or any vehicle including or similar in nature to, but not
limited to, those illustrated in Figure 1b of this chapter.[1]
Any vehicle customarily used in the construction trades,
including, but not limited to, vehicles used for excavation and moving
of earth and vehicles used for transporting construction equipment
or materials.
A person who is engaged in the business of buying, selling
or dealing in motor vehicles. Any person who sells or offers for sale
more than five vehicles per calendar year or who displays or permits
the display of three or more vehicles at any one time or within any
one calendar month shall be considered to be a dealer.
An asphalt, concrete, crushed stone or other hard surface,
generally constructed between a public or private road and a garage
or dwelling, used for the parking of motor vehicles.
Any vehicle that is:
Wrecked, dismantled or which is no longer in condition for its
intended use; or
Being held or used for the purpose of resale of used parts or
for the purpose of reclaiming for use some or all of the materials
therein or for the purpose of disposing of the same; or
In such condition as to cost more to repair or place in operating
condition than its reasonable market value after such repair; or
Detrimental to a clean, wholesome or attractive environment,
taking into consideration the proximity of the vehicle to established
residential or recreational areas, main access routes, or other areas
from which the vehicle may be seen.
Any motor vehicle that has remained unused for more than three
months and is not in condition to be removed under its own power shall
be presumptive evidence that such motor vehicle is a junk vehicle.
Any place where waste, discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled, or where vehicle wrecking takes place.
Any vehicle originally designed and intended to be operated,
drawn, or driven upon a public highway by any power other than muscular
power.
The standing of a vehicle, whether occupied or not, on any
public or private property outside of a completely enclosed building.
Any device or vehicle which is used for recreational purposes.
For purposes of this chapter, the definition of "recreational vehicle"
shall include, but not be limited to, travel trailers, pickup campers,
motor homes, boats, boat trailers, snow vehicles, racing vehicles,
cycle trailers, utility trailers or similar vehicles or equipment.
The parking of a vehicle for a period in excess of seven
consecutive days, unless otherwise restricted or permitted. The incidental
movement of a vehicle on or off the property shall not affect the
calculation of the seven-day time period.
Any vehicle that is without a valid registration in any state
of the United States or any province of Canada or, if registered in
New York State, that lacks a valid and current New York State inspection
sticker or, if registered outside New York State, that lacks a valid
and current inspection sticker of the state or province in which it
is registered if so required by such state or province.
Any machine or vessel designed to travel along the ground
or water by the use of wheels, treads or other mechanical means that
is used to carry or convey people, animals or other objects.
The dismantling or disassembling of new or used vehicles,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or parts.
The area between that part of the principal structure nearest the public or private right-of-way line and the public or private right-of-way line, bounded on each side by the side property lines of the lot. On corner lots, irregularly shaped lots or in the case of an irregularly placed principal structure on a lot, the "front yard" shall mean the area between the wall determined by the Code Enforcement Official to be the front wall of the principal structure and the right-of-way line and all areas within the front setback described in Chapter 250, Zoning and Land Use, § 250-5.1F, as amended or as described in any successor thereto.
The area between that part of the principal dwelling or structure
nearest the rear property line and the rear property line, bounded
on each side by the side property lines of the lot. On corner lots,
irregularly shaped lots or in the case of an irregularly placed principal
structure on a lot, the "rear yard" shall mean the area between the
wall determined by the Code Enforcement Official to be the rear wall
of the principal structure and the nearest property line(s), exclusive
of the area located within the front setback.
The area between that part of the principal structure nearest
the side property line and the side property line of the lot. On corner
lots, irregularly shaped lots or in the case of an irregularly placed
principal structure on a lot, the "side yard" shall mean the area
between the wall determined by the Code Enforcement Official to be
the side wall of the principal structure and the nearest property
line(s), exclusive of the area located within the front setback.
[1]
Editor's Note: Figure 1b is included in an attachment to this
chapter.
It shall be unlawful for any person, firm or corporation to
maintain or permit to be maintained any abandoned vehicles in the
Town of Penfield.
It shall be unlawful for any person, firm or corporation, either
as owner, occupant, lessee, agent, tenant or otherwise, of a property
within the Town of Penfield to park, store, deposit or cause to suffer
or permit to be parked, stored or deposited, a junk vehicle or part
or piece thereof on any private or public property within the Town
of Penfield unless he/she complies with any of the following requirements:
A.
Such vehicle shall be parked, stored or deposited in a completely
enclosed structure; or
B.
Such vehicle shall be under active repair, reconstruction or refurbishing
by the owner thereof, who must be actually residing upon the premises,
and provided that only one such vehicle shall be stored or deposited
at any time on any premises; and further provided that such vehicle
must be shielded, maintained and protected so as not to create any
safety hazard, nuisance or unsightliness to surrounding property owners
or adjacent properties. Further, no such vehicle shall remain on any
premises for more than 60 days; or
C.
Such vehicle shall be temporarily stored on the premises of a duly
authorized motor vehicle service station while awaiting service.
A.
The parking and storage of uninspected, unregistered vehicles outside
of a completely enclosed structure is permitted on occupied residential
properties, provided they comply with the following:
(1)
No more than one such vehicle shall be parked or stored on each property.
(2)
Such vehicle shall not be a junk vehicle.
(3)
Such vehicle shall be located in the driveway.
(4)
Such vehicle shall not interfere with the safe use of adjoining premises
or any public or private road.
(5)
Such vehicle shall be owned by a resident of the premises.
(6)
Such vehicle shall comply with all other requirements of this chapter.
B.
The parking and storage of uninspected, unregistered vehicles on
a nonresidential property is prohibited unless specifically approved
by the Town of Penfield for such use.
A.
The parking or storage of recreational vehicles is permitted on occupied
residential properties, provided they comply with the following:
(1)
Such vehicles shall be owned by a resident of the premises except
that one recreational vehicle designed for use or capable of being
used as sleeping or living quarters, owned by a guest of the resident
of the premises, is permitted to be parked or stored on a residential
property for a period not to exceed 30 days in any calendar year.
(2)
Such vehicles shall not be junk vehicles.
(3)
No more than one such vehicle shall be located in the driveway.
(4)
Such vehicles shall not interfere with the safe use of adjoining
premises or any public or private road.
(5)
Any and all additional recreational vehicles, beyond the one permitted
to be parked in the driveway, that are parked or stored on the property,
must be located in the side or rear yard and comply with the minimum
setback requirements for accessory structures of the district in which
they are located.
B.
The parking and storage of recreational vehicles on an occupied nonresidential
property is prohibited unless specifically approved by the Town of
Penfield for such use.
A.
The parking or storage of commercial vehicles is permitted on occupied
residential properties provided they comply with the following:
(2)
One vehicle, which is not a private passenger-type vehicle as illustrated
in Figure 1a, may be parked on the property for a period not to exceed
three hours in any twenty-four-hour period, provided such vehicle
is located in the driveway and is owned by either a resident of the
premises or by the employer of such resident; or
(3)
Such vehicle shall be parked or stored on the property temporarily
in connection with a bona fide commercial sale, service or delivery
to the property.
(4)
Such vehicle shall not interfere with the safe use of adjoining premises
or any public or private road.
(5)
Such vehicle shall comply with all other requirements of this chapter.
B.
The parking or storage of commercial vehicles is permitted on occupied
nonresidential properties, provided they comply with the following:
(1)
The vehicle shall be owned by the business operating on the property
and shall be integral to the business operation; or
(2)
Such vehicle shall be on the property temporarily in connection with
a bona fide commercial sale, service or delivery to the property.
(3)
Such vehicle shall not interfere with the safe use of adjoining premises
or any public or private road.
A.
The parking or storage of construction vehicles is permitted on occupied
residential properties, provided they comply with the following:
(1)
Such vehicles shall be owned by a resident of the premises and shall
be used solely for the upkeep and maintenance of the property on which
they are being parked or stored. Such vehicles shall not be used in
conjunction with any commercial business, and such vehicles shall
be parked or stored in the side yard or rear yard and comply with
the minimum setback requirements for accessory structures of the district
in which they are located; or
(2)
Such vehicle shall be parked or stored on the property temporarily
in connection with a bona fide commercial service to the property.
(3)
Such vehicle shall not interfere with the safe use of adjoining premises
or any public or private road.
B.
The parking or storage of construction vehicles is permitted on occupied
nonresidential properties, provided they comply with the following:
(1)
Such vehicles shall be owned by the business operating on the property and shall be integral to the business operation. Additionally, the parking or storage of such vehicles on the property must have been previously approved by the Town of Penfield and shall comply with the requirements of Chapter 250, Zoning and Land Use; or
(2)
Such vehicle shall be parked or stored on the property temporarily
in connection with a bona fide commercial service or to the property.
(3)
Such vehicle shall not interfere with the safe use of adjoining premises
or any public or private road.
A.
Residential properties. The sale or display of vehicles for sale
is permitted on occupied residential properties, provided they comply
with the following:
(1)
Such vehicle shall be owned by a resident of the premises; and
(2)
Such vehicles shall be limited to no more than two vehicles per calendar
year and no more than one at any one time; and
(3)
Such vehicles shall not interfere with the safe use of adjoining
premises or any public or private road.
(4)
Such vehicles shall not be owned by a dealer or display dealer license
plates.
(5)
Such vehicles shall comply with all other requirements of this chapter.
B.
The sale or display of vehicles for sale is permitted on occupied
nonresidential properties, provided they comply with the following:
(1)
The property displaying the vehicle or vehicles for sale must have
been previously approved by the Town of Penfield for such use.
(2)
The parking of a vehicle which is displaying a "for sale" sign on
any occupied nonresidential property shall not be considered to be
a vehicle displayed for sale, provided the owner of said vehicle is
engaged in a permitted activity on the property, the vehicle is not
left to remain on the property during non-business hours, and the
vehicle is not in violation of any other applicable requirements.
(3)
Any motor vehicle displaying a "for sale" sign that is temporarily
parked or stored on the premises of a duly authorized motor vehicle
service station while awaiting service shall not be considered to
be a vehicle displayed for sale.
No vehicle shall be parked or stored on any privately owned
vacant property in any zoning district.
No lot in any zoning district may hereafter be used, nor any
structure erected, reconstructed, structurally altered, or moved in
any zoning district for use as a junkyard.
The Code Enforcement Official of the Town of Penfield shall
be responsible for the administration and enforcement of this chapter.
A.
Any person, firm, company or corporation owning or controlling any
lot or structure wherein or whereon there shall be placed or there
exists anything in violation of any of the provisions of this chapter;
and any person, firm, company or corporation who or which shall assist
in the commission of any violation of this chapter; and any person,
firm, company or corporation who or which shall omit, neglect or refuse
to do any act required by this chapter shall be guilty as follows:
(1)
For a first offense, punishable by a fine of not more than $350 or
by imprisonment not to exceed 15 days, or both; and
(2)
For a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $350 nor more
than $700 or imprisonment for a period not to exceed 15 days, or both;
and
(3)
Upon conviction for a third or subsequent offense, all of which were
committed within a period of five years, punishable by a fine of not
less than $700 nor more than $1,000 or imprisonment for a period not
to exceed 15 days, or both.
(4)
In addition to the foregoing, by a penalty of not more than $500
to be recovered by the Town of Penfield.
B.
Each and every day that a violation of any of the provisions of this
chapter continues after written notice shall have been served upon
the person in violation of this chapter pursuant to the Civil Practice
Law and Rules shall constitute a separate violation. In addition to
the remedies set forth, the Town Board may institute an appropriate
action to proceed to abate any violation of the provisions of this
chapter or to compel compliance therewith.
