[HISTORY: Adopted by the Board of Trustees
of the Village of Lowville 5-19-1987 by L.L. No. 2-1987. Amendments noted where
applicable.]
It is the purpose of this chapter to promote
the public health, safety and general welfare to provide rules and
regulations in regard to storing, leaving or depositing abandoned,
junked or inoperative motor vehicles on real property, private property
or private premises in the Village of Lowville.
The following terms shall have the meanings
indicated:
Any motor vehicle, as defined in the Vehicle
and Traffic Law of the State of New York, that is:
Unlicensed, old, wrecked, stored, discarded,
dismantled or partly dismantled or which is not in any condition for
legal use upon the public highway.
Being held or used for the purpose of resale
of used parts therefrom or for purpose of reclaiming for use some
or all of the materials therein for the purpose of disposing of the
same.
In such condition as to cost more to repair
and place in operating condition than its reasonable market value
at that time before such repair.
With respect to any motor vehicle not required
to be licensed or not usually used on public highways, the fact that
such motor vehicle has remained unused for more than six months and
is not in condition to be removed under its own power shall be presumptive
evidence that such motor vehicle is an "abandoned, junked or inoperative
motor vehicle."
The fact that a motor vehicle may be licensed
or registered with the State of New York but does not display a current
license plate shall be presumptive evidence that such motor vehicle
is unlicensed.
The use of the term motor vehicle in the singular
herein is intended, where applicable, to include the plural.
Any person, firm, partnership or corporation, whether business
or membership or religious, charitable or otherwise, or any purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property or any other unit or entity owning real
property in the Village of Lowville.
It shall be unlawful for any person as owner
of a vehicle and/or as owner of real property within the Village of
Lowville to store or deposit or cause, suffer or permit to be stored
or deposited an abandoned, junked or inoperative motor vehicle or
motor vehicles or any part or piece thereof on any real property,
private property or private premises within the village, except within
a garage or other enclosed structure.
[Added 10-16-2013 by L.L.
No. 6-2013]
Persons or business entities involved in the business of the
sale or storage of motor vehicles such as automobile dealerships and
towing businesses that maintain a storage yard or show lot shall be
exempt from the application of this chapter.
A.Â
Any person, firm, partnership or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this chapter shall be
punished by a fine not to exceed $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment for each
offense. The continuation of an offense against the provisions of
this chapter shall constitute, for each day the offense is continued
or permitted to exist, a separate and distinct offense hereunder.
B.Â
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the village in a court of competent jurisdiction to
compel removal of the motor vehicle or vehicles from the real property,
private property or private premises involved or compliance with the
provisions of or to restrain by injunction the violation of this chapter.
