[Adopted 4-17-2000 by L.L. No. 6-2000]
The purpose of this article is to provide for
the disposition of abandoned, junked, discarded or unregistered motor
vehicles upon privately owned or public property within the Village
of Canton, New York. It is determined that the presence of abandoned,
junked, discarded or unregistered motor vehicles upon privately owned
or public property within the Village of Canton is detrimental to
the health, safety and general welfare of the community, constitutes
an attractive nuisance to children and is a peril to their safety,
is a source of vexation and annoyance, depreciates the value of neighboring
properties and is a fire hazard and a potential source of fire and
explosions. The preservation of public health and protection of property
and the elimination of public peril compel the governing body of the
Village of Canton to legislate on this matter. It is hereby declared
that the adoption of this article has for its purpose the effective
termination of such practices and the preservation of the public health,
safety and general welfare.
A.
It shall be unlawful for any person or entity, or
the agent or employee of such person or entity, to abandon or to suffer,
permit or cause to be left any motor vehicle, whether or not owned
by him, upon any public street or in any public place or upon the
property of another in violation of the provisions of this article,
of any other local law of the Village of Canton or of any other law
of the State of New York.
B.
There shall be a rebuttable presumption that the owner
of an abandoned motor vehicle caused such motor vehicle to be abandoned.
As used in this article, the following terms
shall have the meanings indicated:
A motor vehicle shall be deemed to be an abandoned vehicle
if it is left unattended:
With no number plates affixed thereto or in
any inoperable condition for more than six hours on any highway or
in any other public place;
Whether licensed or not, for more than 24 hours
on any highway or in any other public place, except a portion of highway
or public place on which parking is legally permitted;
For more than 48 hours, after the parking of
such vehicle shall have become illegal, on a portion of a highway
or public place on which parking is legally permitted, except in areas
duly marked for extended storage by the Village of Canton; or
For more than 96 hours on property of another
without permission of the owner.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power.
Any person, corporation, partnership, firm, agency, association,
lessor or organization who or which at the time of the issuance of
a notice of violation for a violation of this article:
Is the beneficial or equitable owner of the
abandoned vehicle;
Has title to such vehicle;
Is the registrant or co-registrant of such vehicle
registered with the Department of Motor Vehicles of the State of New
York or any other state, territory, district, province, nation or
other jurisdiction;
Uses such vehicle in its renting and/or leasing
business; or
Is an owner of such vehicle as defined by the
New York State Vehicle and Traffic Law.
A.
If an abandoned vehicle, as defined at § 312-54 of this article, at the time it is abandoned within the Village of Canton has no number plates affixed and is of a wholesale value of $750 or less (taking into consideration the condition of the vehicle), title shall immediately vest in the Village of Canton, in accord with applicable law and the regulations of the Commissioner of Motor Vehicles. The aforesaid value shall be determined by any duly authorized agent or employee of the Village.
B.
The Village of Canton shall not be required to obtain
title to a vehicle abandoned within its jurisdiction if the vehicle
will be sold or otherwise disposed of as junk or salvage, dismantled
for use other than as a motor vehicle or otherwise destroyed.
A.
For vehicles having a value of over $750, the Police
Department of the Village of Canton shall make an inquiry concerning
the last registered owner of such vehicle with the jurisdiction which
issued the plates thereon or with the Department of Motor Vehicles
where no plates were affixed.
B.
The Village of Canton Police Department shall notify the last owner, if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction or by bid at any time after 15 days from the date such notice was mailed. If the agency described in Subsection A also notifies the local authority that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such vehicle and any fine as prescribed by the Vehicle and Traffic Law of the State of New York and by the Village of Canton Code.
C.
Title to such abandoned vehicle, if unclaimed, shall
vest in the Village of Canton 15 days from the date such notice is
mailed or, if the last registered owner cannot be ascertained, when
notice of such fact is received.
D.
The Village of Canton shall determine if an abandoned
vehicle is suitable for operation on the public highways. If so, the
vehicle shall be sold at public auction to the highest bidder or converted
to the Village's use in accordance with § 1224 of the New
York State Vehicle and Traffic Law. If the Village determines that
an abandoned vehicle is not suitable for operation on the public highways,
it shall dispose of the vehicle in accord with the provisions of the
New York State Vehicle and Traffic Law.
Any proceeds from the sale of an abandoned vehicle,
less any expenses incurred by the Village of Canton, shall be held
by the Village without interest for the benefit of the owner of such
vehicle for a period of 30 days. If not claimed within such thirty-day
period, such proceeds shall be paid into the general fund of the Village
of Canton and disposed of as a part thereof.
The last registered owner of an abandoned motor vehicle shall be presumed to be the owner of said motor vehicle and liable to the Village of Canton for the costs of removal and storage of such motor vehicle, unless he or she shall present proof of present ownership in another person. Removal and storage charges shall be in accordance with the provisions of Article VII of this chapter.
A.
This article shall be enforced by the Village of Canton
Police Department. The Village of Canton Police Department is hereby
authorized to remove said vehicle or issue and serve an appearance
ticket with respect to a violation of this article.
B.
Each and every violation of this article shall constitute
a violation and shall be punishable by a fine of not less than $250
and not exceeding $1,000.
C.
In addition to the above-named penalty, the Village
Board of the Village of Canton may maintain an action or proceeding
in the name of the Village, in a court of competent jurisdiction,
to compel compliance with or to restrain by injunction the violation
of this article and to collect any other incurred storage, towing
or other costs.
Notice shall be given by personal service or
by certified mail.
This article may be used and enforced against
any abandoned vehicle already in the possession of the Village of
Canton.
