[HISTORY: Adopted by the Town Board of the Town of Fort Edward 6-12-68.
Sections 96-3 and 96-6 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
The outdoor storage of abandoned, junked, discarded and unlicensed motor
vehicles upon privately owned properties within the Town of Fort Edward is
dangerous, unsightly and a detriment to the preservation of public health,
the protection of property and the safety and welfare of the residents of
the Town of Fort Edward. The outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles upon privately owned properties within the Town
of Fort Edward constitutes an attractive nuisance to children and a peril
to their safety. Such storage constitutes a threat to the safety and welfare
of the residents of the Town of Fort Edward since the fuel tanks frequently
contain gasoline or gasoline fumes and may be subject to explosion in case
of fire. Such storage depreciates the value of neighboring properties and
is unsightly and discourages the orderly progressive development of the Town
of Fort Edward. The control of the outdoor storage of abandoned, junked, discarded
and unlicensed motor vehicles upon privately owned properties within the Town
of Fort Edward is therefore regulated for the preservation of the public health,
safety and welfare of the residents of the Town of Fort Edward.
As used in this chapter, the following terms shall have the meanings
indicated:
- ABANDONED
- With regard to a motor vehicle, the intent of the owner of the motor vehicle not to use the motor vehicle on the public highways. The intent of the owner of the motor vehicle may be determined by the physical condition of the motor vehicle, the statements of the owner of the motor vehicle, the length of time since the motor vehicle has last been used on the public highway and whether the motor vehicle is licensed or unlicensed. With respect to motor vehicles not required to be licensed or motor vehicles not customarily used on the public highway, the intent of the owner may be determined by the physical condition of the motor vehicle, the length of time it was last used for the purposes intended and the statements of the owner.
- DISCARDED
- Any motor vehicle which the owner thereof does not intend to recover possession thereof, or any motor vehicle to which ownership cannot be reasonably determined with due inquiry.
- JUNKED
- Any motor vehicle in such condition as to cost more to repair in order to place such motor vehicle in operating condition than the value of the motor vehicle at any given time.
- MOTOR VEHICLE
- Every vehicle operated, driven or capable of being driven or operated upon a public highway by any power other than muscular power, which includes electric power obtained from overhead trolley wires, and includes vehicles operated upon rails and such vehicles as are run only upon rails or tracks. For the purposes of this chapter, "motor vehicles" shall include tractors used exclusively for agricultural purposes, self-propelled combines, self-propelled corn- and hay-harvesting machines and self-propelled caterpiller or crawler-type equipment. For the purposes of this chapter, the term "motor vehicle" shall include motorcycles, omnibuses and house trailers.
- OWNER OF MOTOR VEHICLE
- A person having the property in or title to a motor vehicle. The term "owner" includes a person entitled to the use and possession of a vehicle subject to a security interest in another person and also includes any lessee or bailee of a motor vehicle having the use thereof, under lease or otherwise.
- OWNER OF PRIVATE PROPERTY
- Includes the legal owner, contract purchaser, a tenant, lessee, occupant, undertenant or receiver or assignee of premises or property located within the Town of Fort Edward.
- PREMISES
- Includes all parcels of real property situate in the Town of Fort Edward, whether occupied or vacant, irrespective of size or topography.
- UNLICENSED MOTOR VEHICLE
- Any motor vehicle which has not been licensed with the proper authorities for a period of at least thirty (30) days from the expiration of the last valid licensing, with the exception of those motor vehicles in the possession of authorized used-car dealers or garagemen for the purpose of sale or repair.
[Amended 6-27-88 by L.L. No. 3-1988]
It shall be unlawful for any person, firm or corporation, either as
owner, occupant, lessee, agent, tenant or otherwise of any private property
within the Town of Fort Edward, to store or deposit or cause or permit to
be stored or deposited abandoned, junked or discarded motor vehicles or more
than one (1) unlicensed but operable motor vehicle upon any private land within
the corporate limits of the Town of Fort Edward.
[1]
Editor's Note: Former § 96-4, Notice, was repealed
5-31-88 by L.L. No. 2-1988.
[1]
Editor's Note: Former § 96-5, Hearing, was repealed
5-31-88 by L.L. No. 2-1988.
[Amended 8-8-1983; 5-31-1988
by L.L. No. 2-1988; 3-26-1990 by L.L.
No. 2-1990]
Any owner, occupant, lessee, agent or tenant who shall neglect and refuse
to remove an abandoned, junked, discarded and/or unlicensed motor vehicle
as directed by this chapter or who shall violate any of the provisions of
this chapter or who shall resist or obstruct the duly authorized agents, servants,
officers and employees of the Town of Fort Edward in the removal and destruction
of a motor vehicle as described herein shall be punishable, upon conviction
thereof, by a fine not exceeding one hundred dollars ($100.) for each violation
thereof or by imprisonment not to exceed thirty (30) days, or by both such
fine and imprisonment. Each separate occurrence may constitute a separate
additional violation. For the purpose of jurisdiction, a violation of this
chapter shall be a misdemeanor. Nothing herein shall prevent, in addition
to the penalties herein prescribed, the Town of Fort Edward Justice Court
from ordering the removal of a motor vehicle in accordance with the terms
and provisions of this chapter, and the removal of such motor vehicle shall
be in addition to the penalties herein stated.
[Added 8-10-87 by L.L. No. 3-1987]
The Building Inspector and/or Zoning Administrator of the Town of Fort
Edward may serve an appearance ticket on any violator of this chapter of the
Code of the Town of Fort Edward to force said violator's appearance in
the Justice Court of the Town of Fort Edward.
