[HISTORY: Adopted by the Town Board of the Town of Waterford 4-3-2012 by L.L. No. 2-2012; amended in its entirety 11-1-2016 by L.L. No. 8-2016. Subsequent amendments noted where applicable.]
It is hereby declared and found that abandoned, junked, discarded, dismantled, oversized and unlicensed motor vehicles in and upon real property within the Town of Waterford are a matter affecting the public interest, that they constitute a nuisance in that health, fire and safety hazards are created and that consequently this matter is subject to supervision and control for the purpose of safeguarding the public health, safety and general welfare of the people of the Town of Waterford, New York.
As used in this chapter, the following terms shall have the meanings indicated:
- JUNK VEHICLE
- A discarded, dismantled, wrecked, scrapped, or ruined motor vehicle, trailer, or parts thereof, not fit for legal use upon highways, or a motor vehicle, other than an on-premises utility vehicle, which is allowed to remain unregistered or uninspected for a period of 120 days.
- OVERSIZED VEHICLE
- Any vehicle with more than four wheels, or exceeding 20 feet length and seven feet in height, or exceeding 6,000 pounds registered gross vehicle weight.
It shall be unlawful for any person, firm or corporation to store, deposit or abandon or to cause or permit to be parked, stored, deposited, abandoned, or visible from the main traveled way of a highway or visible from an abutting property owner's land a junk vehicle on any street, highway, or real property within the Town of Waterford for a period in excess of seven days.
The provisions of this chapter shall not apply to a motor vehicle or motorcycle housed in a garage, and further shall not apply to a vehicle lacking a current registration plate, which is in a condition for legal use upon a public highway, and is parked in a driveway or private parking area with owner approval, or is parked at a licensed professional garage or mechanic shop. However, it shall be unlawful for any person, firm or corporation to park, store, or deposit or to cause or permit to be parked, stored, deposited, or visible from the main traveled way of a highway or visible from an abutting property owner's land more than one unregistered vehicle on his/her property, for more than 120 days, without the written approval of the Town Board of the Town of Waterford, upon such application made to the Town Clerk.
Upon receiving written notice from the enforcement officer to do so, the owner of any junk vehicle or unregistered vehicle in violation of this chapter, shall remove the item(s) or vehicle(s) from the view of the main traveled way of the highway. Failure to remove the item(s) or vehicle(s) from view within seven days from the date of mailing of the written notice by the enforcement officer shall be a violation of this chapter.
It shall be unlawful to park any oversized vehicle on any residential street, highway, right-of-way, public place or private road within the Town of Waterford; however, nothing herein shall be deemed to prohibit the parking of oversized vehicles, or equipment related thereto, while they are being used in the transaction of business with the owner or occupant of residential property in the area or are in the area for the purpose of installing, maintaining or performing public utility services.