Town of Tuxedo, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tuxedo 10-10-1979 as L.L. No. 12-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Dumping of abandoned or junked motor vehicles — See Ch. 58, Art. III.
Vehicles and traffic — See Ch. 95.
This chapter shall be known as and entitled "Abandoned and Junk Vehicles Local Law of the Town of Tuxedo."
The outdoor storage of abandoned, junked, discarded or unlicensed vehicles on privately owned property within the Town of Tuxedo is detrimental to the health, safety and general welfare of the community and constitutes a detriment to a clean, wholesome, safe and attractive environment that is important to the community. The storage of such vehicles endangers the person and property of members of the community and constitutes a potential nuisance to the children of the community. The fuel tanks of abandoned or junk vehicles contain gasoline or petroleum fumes and constitute an ever-present danger of explosion. Abandoned or junk vehicles often contain broken glass and sharp metal edges and usually are stored or abandoned with batteries containing harmful acids. The control of the outdoor storage of abandoned or junk vehicles on privately owned property in the Town of Tuxedo is therefore regulated for the preservation of the health, safety and general welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
The intent of the owner of a vehicle not to use it on the public highways or as a conveyance in the manner for which said vehicle was originally designed shall establish it as abandoned. The intent of the owner shall be determined by the physical condition of the vehicle, any statements as to its abandonment, the length of time since the vehicle was last used, whether the vehicle is currently licensed and other relevant facts.
DISCARDED VEHICLE
Any vehicle which the owner thereof as established by the surrounding circumstances does not intend to recover the possession of, or any vehicle the owner of which cannot be found after due and reasonable inquiry.
JUNK VEHICLE
Any vehicle in such condition as to cost more to repair and place the same in operating condition than the reasonable market value before such repair.
OWNER OF PRIVATE PROPERTY
The term "premises" or "property," as used in this chapter, includes all parcels of real property privately owned, situated in the Town of Tuxedo, whether occupied or vacant.
OWNER OF VEHICLE
Any person, firm, corporation or association having the property in or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person and including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
UNLICENSED VEHICLE
Any vehicle which may be licensed or registered with the State of New York and is not currently registered. The fact that a vehicle which may be licensed or registered with the State of New York does not display a current license plate or displays an expired license plate shall be presumptive evidence of the fact that such motor vehicle is not currently licensed or registered.
VEHICLE
Every motor vehicle or other conveyance originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway by any power other than muscular power, together with all conveyances popularly referred to as "snowmobiles," "all-terrain vehicles" and "jitneys," as well as any other substantially rebuilt, modified or altered motor vehicles. For the purpose of this chapter, the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles and trailers.
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Town of Tuxedo, to store or deposit, or cause or permit to be stored or deposited, an abandoned, junk or discarded vehicle, or part or piece thereof, on any private property within the Town of Tuxedo, unless:
A. 
Such vehicle is stored or deposited in a completely enclosed building; or
B. 
Such vehicle is under repair, reconstruction or refurbishing by the owner thereof, who must actually be residing upon the premises. Such vehicle must be maintained and protected so as not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises for more than one month.
[Amended 7-13-1988 by L.L. No. 5-1988]
The owner, tenant or occupant of property located within the Town of Tuxedo is hereby required to remove all abandoned, junk, discarded or unlicensed vehicles, as hereinabove defined, when ordered to do so by the Building Inspector, within five days of written notice thereof. Said written notice shall be served on the owner, tenant or occupant. If the owner of said lands is a nonresident of the Town of Tuxedo, the notice to remove mailed to such owner, addressed to his last known address, shall be sufficient service thereof.
[Added 7-13-1988 by L.L. No. 5-1988]
A. 
Failure to comply with the direction of the Building Inspector as aforesaid shall constitute an offense against this chapter.
B. 
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Added 7-13-1988 by L.L. No. 5-1988]
The Town Board, by resolution, may cause any abandoned, junk, discarded or unlicensed vehicle as herein defined to be removed from any property within the Town of Tuxedo upon the failure of such owner, tenant or occupant to comply with the written notice aforementioned within the time limit. Said removal may be performed by the Building Inspector or other designee, including a private contractor. The Town Board shall ascertain the cost of such removal, and such cost shall be charged and assessed against the owner, tenant or occupant of the property. The expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other town charges. The removal of any abandoned, junk, discarded or unlicensed vehicles by the Town of Tuxedo or its designee shall not operate to excuse such owner, tenant or occupant from properly maintaining their property as hereinabove set forth, and such owner, tenant or occupant shall, notwithstanding, be subject to the penalties above mentioned.
[Added 7-13-1988 by L.L. No. 5-1988]
If any section, paragraph, subdivision or provision of this chapter shall be invalid, such invalidity shall apply only to the section, paragraph, subdivision or provisions adjudged invalid and the rest of this chapter shall remain valid and effective.
[Added 7-13-1988 by L.L. No. 5-1988]
This chapter shall become effective immediately upon the filing with the Secretary of State.