Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst 9-18-1939. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction administration — See Ch. 83.
Environmental quality review — See Ch. 104.
Fire prevention — See Ch. 110.
Construction of public improvements — See Ch. 125.
Property maintenance — See Ch. 151.
Sewers — See Ch. 160.
Zoning — See Ch. 203.
Subdivision of land — See Ch. 204.
This chapter shall be known as the "House Trailer Ordinance."
It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Amherst by the more efficient regulation of house trailers and trailer camps.
As used in this chapter, the following terms shall have the meanings indicated:
HOUSE TRAILER
Any vehicle used or occupied as sleeping or living quarters, mounted on wheels and propelled either by its own power or power-driven vehicle to which it may be attached, and includes an automobile trailer equipped with living quarters or sleeping facilities and a house car.
TRAILER CAMP
Any lot, piece or parcel of ground whereon four or more house trailers, house cars or automobile trailers equipped with sleeping or living quarters are located or parked, otherwise than for the purpose of loading, unloading or discharge or entrance of occupants or passengers.
A. 
House trailer. No person or persons being the owner or occupant of any premises within the Town of Amherst shall use or permit the use of such premises for the parking, storage use or other location of a house trailer without a license obtained as hereinafter provided; nor shall any person, being the owner or operator of a house trailer, park, store or otherwise locate said house trailer upon any premises within the Town of Amherst without obtaining a license therefor as hereinafter provided.
B. 
Trailer camp. No person or persons, being the owner or occupant of any land or premises within the Town of Amherst, shall use or permit the use of said land or premises as a trailer camp without obtaining a license therefor as hereinafter provided.
A. 
Issuance of license. The Town Clerk of the Town of Amherst, upon written application and upon receipt of the license fee therefor, may, with the written approval of the Building Inspector of the Town of Amherst, issue a license to become effective from the date thereof and to continue in force for the term specified therein, but in no event longer than through the 31st day of December next succeeding for the use of premises therein specified as a trailer camp. Such license shall not be transferable nor assignable.
B. 
Application for license. The application for such license shall state the name and address of the applicant, if an individual, and the name and address of the partners, if a partnership, and the names and addresses of the principal officers, if a corporation; the name and address of the owner of the premises upon which the trailer camp is to be located, and if such applicant is not the owner of such premises, the nature of the interest of such applicant in said premises; a description of the land or premises upon which the proposed trailer camp is to be located; a complete plan of the proposed layout showing the extent and area to be used for trailer camp purposes; the proposed roadways and/or driveways; proposed location or site for house trailer location and construction of all proposed sanitary conveniences, laundry buildings and slop sinks, the proposed method of sewage disposal or removal, the plan for water supply, electric light and a plan for proposed toilet, wash rooms and laundry. Such application shall, when presented to the Town Clerk, be immediately referred to the Building Inspector, whose duty it shall be to enforce the provisions of this chapter, except as herein otherwise provided and shall have the power subject to the approval of the Health Officer and of the Town Board of the Town of Amherst to approve or reject such application. Upon the approval of such application by the Building Inspector, the Town Clerk shall issue such license. The approval or rejection of such application by the Building Inspector shall be in writing, and the rejection thereof shall state briefly the reasons for such rejection. Any person deeming himself aggrieved by the action of said Building Inspector may, within 30 days thereafter, apply to the Town Board of the Town of Amherst for a review of such action. The Town Board may affirm or reserve or modify the determination of the Building Inspector and may direct the Town Clerk to issue or refuse such license.
C. 
Fees. The applicant shall at the time of issuance of such license pay to the Town Clerk a fee in accordance with the following schedule of fees:
Trailer Camp Capacity
(trailers)
Fee
Not more than 5
$50
Not more than 10
$100
Not more than 15
$150
Not more than 20
$200
More than 20
$500
D. 
Term of license. Such license shall be effective from and after the date of issuance to and including the 31st day of December next succeeding the date of issuance.
A. 
Terms of license. The Town Clerk of the Town of Amherst, upon proper written application and upon receipt of the license fee therefor, may issue a license to continue in force for the term specified therein, but in no event longer than four weeks from the date of issuance thereof to any owner or operator of a house trailer parked or otherwise located upon the premises in the Town of Amherst for a period longer than seven days. The owner or operator of such house trailer, however, in the event that same shall be parked or otherwise located in a duly licensed trailer camp, may obtain a renewal of such license; provided, however, that no house trailer shall be permitted to remain in any trailer camp or camps in the Town of Amherst for a longer period than eight weeks in each twelve-month period.
B. 
Application for license. The application for such license shall state the name of the applicant, his residence address, the name and make of house trailer, the registration number of such house trailer and the state in which registered and the year of issue of registration; and if such house trailer is propelled by another power drive vehicle to which it may be attached, the make, registration number, state and year of registration and the name of the owner of such other vehicle; the street and number where such house trailer is or is to be located and a statement of the estimated duration of stay in such proposed location; whether or not such proposed location is a duly licensed trailer camp, and if not, the consent in writing of the owner of the premises to such use of the land must be presented with the application.
C. 
Fees. Each such applicant shall pay at the time of issuance of such license a fee of $1 for each such house trailer.
D. 
Term. Such license and the renewal thereof shall be issued for a period not exceeding four weeks from and after the date of issuance, the expiration date of such license to be marked upon such license in a space to be provided therein.
A. 
Location. All land used as a trailer camp shall be well-drained, of ample size, and free from heavy or dense growth of brush or weeds. The land shall be properly graded to ensure rapid drainage during and following rain and shall at all times be drained so as to be free from stagnant pools of water. No trailer camp shall be located within any residential zoning district except for the RMH-8 District, as same are defined by the Zoning Ordinance of the Town of Amherst adopted December 23, 1935, and all amendments thereto, and shown upon the use map forming a part of said Zoning Ordinance.[1] No trailer camp shall be located within 500 feet of any residence except the residence of the owner of such camp, nor within 500 feet of a school, church, or other place of worship unless the Town Board shall otherwise order.
[Amended 5-1-2006 by L.L. No. 6-2006]
[1]
Editor's Note: See Ch. 203, Zoning.
B. 
Camp plan. Each such trailer camp shall provide not less than 875 square feet (25 feet by 35 feet) for each house trailer. The trailer camp shall be subdivided and marked off into rectangular shaped lots, grouped in blocks with camp streets at least 20 feet wide between each block. No house trailer shall be located within 30 feet of any highway or street line nor within 20 feet of any adjacent property line. Such trailer camp shall be surrounded by a suitable woven wire, open metal fence not less than five feet nor more than six feet high, having only necessary opening for entrance and exit facilities. Barbed wire shall not be used for such fences.
C. 
Each such trailer camp shall be provided with approved sewer and water connections to existing public sanitary sewer and water systems of the Town or of any district thereof or of any public service corporation operating in such Town where such trailer camp is located, in a district where such sanitary sewer and water systems are available. Separate sewer connections for each trailer, based upon the maximum capacity of each such camp, shall be provided. Where such trailer camp shall be located in an area of the Town where public sanitary sewer, water service and fire hydrants are not available, sewer facilities and water supply shall be regulated as hereinafter provided in Subsection G of this section.
D. 
Water supply. A sufficient supply of pure drinking water placed in conveniently located buildings from approved water service facilities of the Town of Amherst shall be provided. No common drinking facilities shall be permitted. Drinking fountains and water faucets shall be placed in locations other than in any toilet room or water closet compartment.
E. 
Toilets. Such trailer camp shall be provided with service buildings in which shall be installed water closets, placed in separate compartments properly separated from any other water closets, each compartment being not less than three feet wide, enclosed in proper partitions in the ratio of one water closet for every five females, or less; and one water closet for every five males, in addition to one urinal for 10 males, or less. Such minimum water closet and urinal accommodations shall be based upon the total camp capacity according to the accepted plans and shall be computed on the basis of a minimum of three persons to each house trailer with the sexes being considered as equal in number and the house trailers being computed according to the maximum permitted capacity of such trailer camps. The room or rooms of the service buildings herein referred to, housing water closets and urinals, shall have a floor constructed either out of concrete or tile and same shall be washed daily.
F. 
Showers. Each such trailer camp shall provide one lavatory or wash basin for each toilet room having three toilets or fraction thereof; one shower or tub for each sex for each five persons or fraction thereof and one slop sink or basin with water supply over for each two trailers. Such minimum shower or tub accommodations shall be computed in the same manner as provided in Subsection E in the case of toilets.
G. 
Camps outside improvement districts. Where such trailer camps shall be located in an area of the Town where public sanitary sewers, water and fire hydrants are not available, the installation of privies, cesspools and septic tanks may be permitted. In general, the basis of designation and installation of these rural conveniences shall conform to the Sanitary Code adopted by the Public Health Council, Chapter 7, as same now provides or may hereafter be amended to provide.
H. 
Garbage receptacles. Each such trailer camp shall provide equipment sufficient to prevent littering of the ground and premises with rubbish, garbage, refuse and the like and shall provide flytight metal depositories with tight-fitting covers at conspicuous locations upon such premises. Such depositories shall be kept at all times in sanitary condition. No house trailer shall be located more than 100 feet from a metal depository. All garbage, refuse, rubbish and the like shall be collected at least twice a week.
I. 
Registration of house trailer occupants. The owner or operator of each such trailer camp shall keep a permanent record in writing of all guests or house trailer occupants using the facilities of such trailer camp, which record shall include the following with reference to each such house trailer:
(1) 
Name and address of each occupant.
(2) 
Date of arrival.
(3) 
Name and owner of the house trailer.
(4) 
Make of the house trailer.
(5) 
State in which the house trailer is registered.
(6) 
Registration number of the house trailer.
(7) 
Year of issue of registration and, in addition, for each such house trailer being propelled by an automobile or vehicle to which it may be attached, the following:
(a) 
Name of the owner of the automobile.
(b) 
State in which the automobile is registered.
(c) 
Registration number of the automobile.
(d) 
Year of issue of registration.
(e) 
Make of automobile.
J. 
Removal of wheels. It shall be unlawful to remove wheels from a house trailer or otherwise permanently affixing such house trailer to the ground. Such attempted removal shall be grounds for the revocation of the permit for such house trailer and shall subject such house trailer and the owner thereof to the requirements of the Building Code and Zoning Ordinance of the Town of Amherst.[2]
[2]
Editor's Note: See Ch. 83, Building Construction Administration, and Ch. 203, Zoning.
K. 
Time limit on period of stay. No house trailer shall be permitted to remain in any trailer camp for a longer period than eight weeks in each twelve-month period.
L. 
Miscellaneous provisions:
(1) 
All plumbing fixtures installed in such trailer camps shall conform to the provisions of the Plumbing Code of the Town of Amherst.[3]
[3]
Editor's Note: See Ch. 83, Building Construction Administration.
(2) 
Trailer camps must be kept in a clean and sanitary condition at all times.
A. 
Location. No house trailer shall be located upon any land or premises within the Town of Amherst other than trailer camps unless such land or premises has erected thereon, conveniently accessible to such house trailer, adequate sanitary facilities and an approved water supply system.
B. 
Restriction on number of trailers. Not more than one such house trailer shall be permitted to park and otherwise locate on each separate lot or parcel of land other than a trailer camp, and no such house trailer shall hereafter park or hereafter be permitted to park by any person in a trailer camp located within 500 feet of any residence other than the residence of the owner or operator of said trailer camp unless the Town Board shall otherwise order.
C. 
Duration of stay. No such house trailer shall be permitted to remain upon any premises other than a trailer camp for a longer period than four weeks in every 12 months, nor in any trailer camp for a longer period than eight weeks in each twelve-month period.
D. 
Location of house trailer on lot. Such house trailer shall not be parked or otherwise located on any lot or parcel of land other than a trailer camp, nearer than five feet to the side line of the same nor within 30 feet of the street line of such premises.
E. 
Removal of wheels. It shall be unlawful to remove wheels from a house trailer or otherwise permanently to affix such house trailer to the ground. Such attempted removal and/or affixation shall be grounds for the revocation of the permit for such house trailer and shall subject such house trailer and the owner thereof to the requirements of the Building Code and the Zoning Ordinance[1] of the Town of Amherst.
[1]
Editor's Note: See Ch. 83, Building Construction Administration, and Ch. 203, Zoning.
The Building Inspector of the Town of Amherst shall enforce all of the provisions of this chapter as hereinbefore set forth with the assistance of the Health Officer and of the police officers of the Town of Amherst. It shall be the duty of such Health Officer to ascertain that the sanitary requirements hereinbefore required are complied with. Such Building Inspector, Health Officer and police officers shall have the right to enter upon such trailer camp or other premises for the parking or location of a house trailer at all times.
If the Health Officer, upon inspection, finds that such trailer camp is not being maintained in a clean and sanitary condition or that such trailer camp is not being conducted in accordance with the regulations applicable to such trailer camp and the provisions of this chapter, he shall serve upon the holder of such license or the person in charge of such trailer camp an order in writing directing that the conditions therein specified be remedied within five days after the service of such order. If, after the expiration of such period, such conditions remain unchanged or are not corrected in accordance with the order of the Health Officer, the Health Officer shall serve a notice in writing upon such trailer camp owner or the person in charge of such trailer camp requiring the holder of such license to appear before the Town Board of the Town of Amherst at a time to be specified in such notice, not less than 24 hours, and show cause why such license should not be revoked. The Town Board may, after a hearing at which the testimony and witnesses of the Health Officer and the holder of the license shall be heard, revoke the license if the conditions described in the original order have not been corrected in accordance with the terms of such order or if the holder of such license has violated the regulations applicable to such trailer camp or has violated any of the provisions of this chapter, or for other sufficient cause. Upon the revocation of such license, the premises shall forthwith cease to be used for the purpose of a trailer camp and all house trailers shall be removed therefrom.
[Amended 5-31-1966]
Every violation by any person, firm, association or corporation of any of the provisions of this chapter shall be deemed to have committed an offense against this chapter, and upon conviction therefor, such person, firm, association or corporation shall be subject to a fine of not less than $10 nor more than $100 or to imprisonment for a period of not less than one day nor more than six months, or both such fine and imprisonment; and in addition, any person, firm, association or corporation which shall violate any of the provisions of this chapter or who shall omit, neglect or refuse to do any act required by this chapter shall severally for each and every such violation and noncompliance respectively forfeit and pay a penalty of $50. The imposition of all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution of the violation of the provisions of this chapter shall not be held to prevent the enforced removal of conditions prohibited by this chapter.
None of the provisions of this chapter shall be applicable to the sale, storage or garaging within a building or structure of a house trailer or house trailers, nor shall the same be applicable to the exhibition for sale of house trailers upon any property in the Town of Amherst, provided that the other ordinances of said Town shall be complied with.
Nothing herein contained shall be construed to abrogate any of the provisions of the Sanitary Code established by the Public Health Council of the State of New York, as same now provides or as same may hereafter be amended to provide. In the event of inconsistencies existing between the provisions of this chapter and said code, said code shall govern.
If any section, paragraph, subdivision or provision of this chapter shall be invalid, such invalidity shall apply only to the section, paragraph, subdivision or provision adjudged invalid, and the rest of this chapter shall remain valid and effective.
This chapter shall take effect and be in force from and immediately after its passage, publication of notice of adoption and posting as prescribed by law, except that the operators of trailer camps located in the Town of Amherst at its effective date shall be allowed 30 days from and after such effective date within which to comply with the provisions hereof.