[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly 4-9-1968. Amendments noted where applicable.]
A.
No motor vehicle shall be kept, stored or maintained
within the Village of Waverly unless the same shall have and display
a duly issued, unexpired license number plate which will permit said
motor vehicle to be operated on the highways of this state, in accordance
with law, or unless such vehicle shall be kept, stored and maintained
at all times within a fully enclosed structure or building.
B.
No part, parts (including tires), frame, body, wheels,
rim, engines, fenders, parts of the above or any part of what was
once, or is now, a motor vehicle shall be kept, stored or maintained
anywhere within the Village of Waverly, except in a fully enclosed
structure or building, unless the same shall be currently licensed
so as to permit it to be operated on the highways of this state.
C.
No parts for or of motor vehicles and no junk cars
or unlicensed inoperable motor vehicles shall be maintained within
the Village of Waverly except in fully enclosed structures or buildings.
As used in this chapter, the following terms
shall have the meanings indicated:
In addition to its usual and ordinary meaning:
The inability of the person maintaining the
same to move any motor vehicle under its own power on demand of the
inspecting officer shall be prima facie evidence that it is "inoperable"
for the purposes hereof.
Any motor vehicle not bearing a New York State
inspection sticker where the same is required shall be deemed "inoperable"
for the purposes hereof.
Every vehicle, except electrically driven invalid chairs
operated or driven by an invalid, operated or driven upon a public
highway by any power other than muscular power, excluding fire and
police vehicles and farm-type tractors used exclusively for agricultural
purposes or for snowplowing and self-propelled Caterpillar or crawler-type
equipment while being operated on the contract site.
In the event of a violation hereof, the owner
of the premises on which vehicle is situate, the lessor thereof, the
lessee thereof, the last registered owner of such vehicle or part
thereof and all persons claiming an interest in such vehicle or part
thereof shall be chargeable therewith and responsible therefor.
[Amended 6-14-1988 by L.L. No. 1-1988]
There shall be the following exceptions to this
chapter, but only in the event that the person, association, partnership
or corporation or other claiming the benefit of such exception shall
make application in writing and file the same with a fee as set forth
from time to time by resolution of the Board of Trustees, unless the
fee is waived in a subsection hereof, with the inspecting officer
stating the exception claimed and claiming the benefit thereof, and
if, in the opinion of the inspecting officer, the applicant shall
be entitled to the benefit of the exception, then the inspecting officer
shall issue a permit therefor; otherwise, he shall refuse the same
and return the application fee. Any permit issued shall at all times
be prominently displayed and shall be strictly limited to the exception
claimed. Failure to display such permit shall be a violation hereof.
The exceptions are as follows:
A.
A new or used car lot or sales establishment, except
that all motor vehicles kept thereon which are more than four years
old shall have current New York State inspection stickers thereon.
B.
Contractors, truckers, moving companies, factories
and motor vehicle rental establishments, provided that in each case
they shall at all times own and operate at least three licensed and
operable motor vehicles and present proof thereof to the enforcing
officer upon demand and provided that no permit shall be required
of the above unless required by the inspecting officer. This exception
shall not apply except in the industrial and commercial districts
as set out in the Zoning Ordinance of the Village of Waverly.[1]
C.
Gasoline service stations, automobile and motor vehicle
repair establishments and body shops may keep and maintain motor vehicle
and replacement parts for and in connection with the operation of
their said business; subject to the limitation, however, that there
shall be no storage or maintenance of broken or junked parts on the
premises and no scrap metal shall be maintained thereon, and a failure
to remove such junk or scrap within five days of demand by the inspecting
officer shall result in a revocation of the permit and rights thereunder
for a term to be set by the inspector not to exceed six months. Business
of the sort herein described in existence at the time of the enactment
hereof shall obtain permits, but no fee will be required therefor.
D.
Any person desiring to repair or rebuild an unlicensed
motor vehicle or vehicles may make application to keep or maintain
the same in any but a residence district as outlined by the Waverly
Zoning Ordinance,[2] and upon payment of the fee the inspecting officer shall
issue a permit for a period not to exceed six months, at the end of
which time said vehicle or vehicles and all parts thereof shall be
licensed, stored in a fully enclosed building or structure or removed
from the Village of Waverly.
E.
Any person not wishing to license a motor vehicle
may make application for permission to store the same in the open
within the Village of Waverly to the inspecting officer, and if, in
the opinion of such officer, said vehicle is operable, would pass
New York State Inspection, is not so rusted or otherwise run down
as to reduce property values or not in such condition as to constitute
a health hazard, he may issue a one-year permit for the maintenance
of the same. His determination will be subject to review by the Board
of Trustees of the Village of Waverly on its own motion, that of the
applicant or by any objectant thereto. Not more than one such vehicle
shall be maintained on any one property.
Any person, association, partnership or corporation
objecting to any determination of the inspecting officer may, within
30 days of such determination, appeal the same to the Board of Trustees
of the Village of Waverly by filing a written notice of appeal with
the Village Clerk, who shall file the same and note the date of receipt
thereof and report the same to the Board, which shall hold a hearing
thereon within 60 days thereafter, on notice to the interested parties,
and make a determination of the same.
The inspecting officer shall be appointed by
the Village Board of the Village of Waverly and may be the Building
Inspector.
A.
Penalties.
[Amended 6-14-1988 by L.L. No. 1-1988; 9-23-2008 by L.L. No.
1-2008]
(1)
Any person who shall violate this chapter shall, upon
conviction thereof, be subject to a fine:
(a)
First offense: up to $250 and/or up to 15 days
in jail.
(b)
Second offense for the same violation within
two-year period: minimum fine of $100 and up to $350 and/or up to
15 days in jail.
(c)
Third offense for the same violation within
two-year period: minimum fine of $200 and up to $700 and/or up to
15 days in jail.
(d)
Fourth offense for the same violation within
two-year period: minimum fine of $300 and up to $1,000 and/or up to
15 days in jail.
(2)
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this chapter, a subsequent conviction will be subject
to a first offense fine.
B.
Any person who fails to abate any violation of this
chapter after notice of such violation shall be subject to a penalty
of $100 for each day said violation continues, recoverable by suit
brought by the Village.
C.
Each day such violation continues after notice of
such violation shall constitute a separate offense punishable by like
fine or penalty.
