[HISTORY: Adopted by the Town Board of the
Stillwater 12-19-1991 by Ord. No. 3-1991. Amendments noted where
applicable.]
By adoption of this chapter the Town Board of
the Town of Stillwater declares its intent to regulate and control
the presence of abandoned or unregistered motor vehicles and abandoned
and unoccupied mobile homes and trailers within the Town of Stillwater,
exclusive of such part of said Town as may be within the limits of
the Village of Stillwater. Said Town Board hereby declares that the
presence of abandoned or unregistered motor vehicles and trailers
and abandoned and unoccupied mobile homes can constitute a hazard
to property and persons and a public nuisance. The vehicles, their
components and contents may be highly inflammable. Batteries and other
elements of such vehicles can contain acids and other matter potentially
harmful to humans. These vehicles frequently contain sharp metal or
glass edges or points upon which a human could receive serious cuts
and abrasions. These vehicles and abandoned mobile homes can constitute
an attractive nuisance to children and certain adults. Abandoned and
unoccupied mobile homes, due to the nature of their construction rapidly
deteriorate and become unsafe; and attract vermin, insects and rodents.
The presence of such vehicles and abandoned mobile homes and trailers
is unsightly and tends to detract from the value of surrounding land
and property.
As used in this chapter, the following terms
shall have the meanings indicated:
The relinquishment of all right, title, claim and possession,
with the intention of not reclaiming it, or resuming its ownership,
possession or enjoyment.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a dwelling
when connected to the required utilities, and shall include any addition
to such mobile home. "Mobile home" shall not, however, refer to a
camper trailer or a recreational vehicle.
A passenger auto, truck, tractor-truck, bus, motorcycle or
other vehicle however propelled (except a vehicle propelled by muscle
power).
An individual, an association, a partnership, or a corporation.
Any vehicle with or without its own motor power or without
its own motor power and drawn on the public highways by a motor vehicle,
as defined in the definition of "motor vehicle" above, operated thereon,
except motorcycle side cars, vehicles being towed by nonrigid support
and vehicles designed and primarily used for other purposes and only
occasionally drawn by such a motor vehicle.
That the subject mobile home shall have been not used for
a residence for a period of 60 days prior to a violation hereunder.
Not registered in accordance with the Vehicle and Traffic
Law of the State of New York.
A.
It shall be unlawful for any person to park, store,
place, or otherwise deposit any abandoned or unregistered motor vehicle
or trailer or any abandoned or unoccupied mobile home in, on or upon
any premises, whether public or private, within the boundaries of
the Town of Stillwater, exclusive of the Village of Stillwater.
B.
It shall be unlawful for any person to suffer or permit
the parking, storage, placing or otherwise depositing of any abandoned
or unregistered motor vehicle or trailer or any abandoned or unoccupied
mobile home in, on or upon any premises, whether public or private,
within the boundaries of the Town of Stillwater, exclusive of the
Village of Stillwater.
This chapter shall not apply to the following
persons:
A.
To persons who are dealers in secondhand, junk and
auto parts activities and businesses, provided such person is licensed
to conduct such activity and such person complies with the ordinance
regulating such activity.
B.
To persons who are dealers in new or used motor vehicles,
provided that such person is authorized by the State of New York to
conduct such activity, and provided further that the presence of unregistered
motor vehicles be limited to the principal place of business of such
dealer.
C.
To persons who are dealers in new or used mobile homes,
provided that such person is authorized by the State of New York to
conduct such activity, and provided further that the presence of unregistered
mobile homes be limited to the principal place of business of such
dealer.
D.
To persons who have failed through error or inadvertence
to properly register any motor vehicle as required by law.
E.
To persons who have discontinued their registration
provided that such discontinuation shall be temporary in nature, and
provided that such person shall, upon request, provide proof that
the discontinuance of registration is temporary in nature.
F.
To persons whose unregistered motor vehicle is specifically
exempted from registration by the Vehicle and Traffic Law of the State
of New York.
G.
To persons whose unregistered motor vehicle is used
principally for the purpose of automobile racing and which motor vehicle,
in fact, is so used.
H.
To persons whose unregistered motor vehicle is an
antique motor vehicle.
A.
Any person who commits or permits any acts in violation
of this chapter shall be deemed to have committed an offense against
such chapter, and also shall be liable for any such violation or the
penalty therefor. Each day such violation shall continue or to be
permitted to exist shall constitute a separate violation.
B.
For every violation of any provision of this chapter
the person violating the same shall be subject to fine of not more
than $25 or imprisonment not exceeding 15 days, or by both such fine
and imprisonment.
C.
Any person violating this chapter shall be subject
to a civil penalty enforceable and collectible by the Town of Stillwater
in the amount of $25 for each offense. Such penalty shall be collectible
by and in the name of the Town of Stillwater for each day that such
violation shall continue.
D.
In addition to the above-provided penalties and punishment,
the Stillwater Town Board may also maintain an action or proceeding
in the name of the Town of Stillwater in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation
of such chapter.
