Town of Amenia, NY Article I Purpose and Definitions

§ 82-1 Purpose and findings.

A. This chapter is enacted in recognition of the fact that the outdoor storage and maintenance of abandoned, junked, discarded, dismantled and unlicensed motor vehicles, household appliances, rubbish and debris upon private property is a matter affecting the public interest. The Town Board hereby declares that the unrestrained accumulation and outdoor storage of such abandoned, junked, discarded, dismantled and unlicensed motor vehicles, household appliances, rubbish and debris constitutes a hazard to the health, safety and welfare of the citizens of Amenia.

B. Specifically, the Town Board finds that the unrestrained accumulation and outdoor storage of abandoned, junked, discarded, dismantled and unlicensed motor vehicles, household appliances, rubbish and debris upon private property:

(1) Creates an unsightly condition and a source of vexation and annoyance not only to the owners and occupants of adjoining lands but also to the general public.

(2) Constitutes both a public and private nuisance.

(3) Is a source of potential hurt to children and others who find it an attractive nuisance.

(4) Is often replete with broken glass, sharp torn metal edges and points, gasoline remaining in tanks of a highly combustible and explosive nature and hurtful acids in batteries, to mention a few of the obvious sources of physical hurt found in junk vehicles.

(5) Constitutes a blight on the Town of Amenia landscape.

(6) Destroys the aesthetic qualities of the Town of Amenia and is generally unsightly.

(7) Tends to depreciate not only the property on which it is located but also the property of other persons in the neighborhood and the Town of Amenia generally.

(8) Makes the Town of Amenia a less safe and pleasant place in which to live and to do business.

(9) Damages the welfare of the Town of Amenia as a whole.

(10) Tends to result in the uncontrolled growth of grass and weeds.

(11) Tends to result in the uncontrolled collection of debris.

(12) Tends to be a breeding ground for insects, rodent and similar harmful creatures.

C. For the purpose of promoting a clean, wholesome and attractive environment, it is declared to be of importance to the health, safety and welfare of the inhabitants of the Town to safeguard their material rights against unwarranted invasion. Indeed, such an environment is deemed essential to the maintenance and continued development of the economy of the Town of Amenia. Accordingly, the preservation of peace and good order, the safeguarding of the health, safety and general welfare, and the protection of private property compel the Town Board to regulate, restrain and eliminate this unwarranted invasion.

§ 82-2 Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings set forth herein:

ABANDONED VEHICLE

Any motor vehicle situated on private property other than that of its owner, which has not been moved or used for seven consecutive days or more and is apparently deserted; any vehicle in whatever condition which does not have a valid registration; any junk vehicle.

ANTIQUE MOTOR VEHICLE

A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored or will be maintained in and restored to a condition which is substantially in conformance with the manufacturer's specifications.

APPLIANCE

Any stove, range, washing machine, dryer, freezer, refrigerator, food or drink cooler, hot-water heater, air conditioner, water softener, television, radio, antenna or other household or commercial device or equipment that is inoperable, abandoned, junked, discarded, wholly or partially dismantled, or no longer intended or in condition for ordinary use for the purpose for which it was designed originally.

CLASSIC MOTOR VEHICLE

A motor vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored or will be maintained in or restored to a condition which is substantially in conformity with the manufacturer's specifications and appearance.

ENFORCEMENT OFFICER

The Town Zoning Officer, and any other person designated by resolution of the Town Board as "Enforcement Officer."

JUNK FARM EQUIPMENT

Any tractor, truck, passenger car, self-propelled or drawn implement or stationary farm equipment which cannot be used for its intended purpose and has been discarded or abandoned for use as a farm vehicle, farm implement or farm equipment or for any other purpose.

JUNK TRAILER

Any house trailer, mobile home or unregistered camper which:

A. Is uninhabited or uninhabitable for a period of more than 60 days;

B. Is unfit for its intended use and cannot be put into operational condition, except at a cost in excess of its market value after repairs; or

C. Has been discarded or abandoned for use as intended or for any other reason.

JUNK VEHICLE

A vehicle that:

A. Does not, for a period of 30 days, have a current vehicle registration, license plates or inspection certificate;

B. Cannot be put into an operational condition, except at a cost in excess of its market value after repair; or

C. Has been discarded for use as a vehicle or for any other purpose.

OPEN STORAGE

Storage other than in a completely enclosed structure, having a roof and fully enclosed sides. Such structure shall be constructed of wood, masonry or metal.

OPERABLE VEHICLE

A vehicle which is in a condition to pass the requirements for the New York State motor vehicle inspection sticker.

OWNER

Each of the following shall be considered "owners" for the purpose of this chapter:

A. A person having legal title to the real property upon which the abandoned, junked, discarded, dismantled and unlicensed motor vehicles, household appliances, rubbish and debris are located;

B. A person occupying the real property (e.g., a lessee) upon which the abandoned, junked, discarded, dismantled and unlicensed motor vehicles, household appliances, rubbish and debris are located;

C. A person having title to the abandoned, junked, discarded, dismantled and unlicensed motor vehicles, household appliances, rubbish and debris located upon the real property;

D. A person who is in possession of the abandoned, junked, discarded, dismantled and unlicensed motor vehicles, household appliances, rubbish and debris located upon the real property.

PERSON

Any individual, firm, association, partnership, corporation, trust, estate, legal representative, company, foundation or fund, charitable organization, or other entity owning or occupying real property on which abandoned motor vehicles, junk cars, appliances, or rubbish and debris are located.

PRIVATE PROPERTY

Any real estate or part thereof, yard or driveway, other than that used as a public place, road, street or highway, situated in the Town.

RUBBISH OR DEBRIS

Includes but is not limited to ordinary household or store trash of flammable or nonflammable character, such as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, blankets, rubber tires, lumber, brick, stone and other building materials no longer intended or in condition for ordinary use; any and all tangible personal property no longer intended or in condition for ordinary and customary use.

TEMPORARILY INACTIVE VEHICLE

A vehicle which is operable but not registered and which the owner intends to register within 12 months.

TOWN

Includes all areas within the Town of Amenia.

VEHICLE

Any automobile, bus, truck, tractor, trailer, mobile home, or any other device in, upon or by which any person or property may be transported or drawn upon a highway which would require registration under § 401 of the New York State Vehicle and Traffic Law before it could be so used.