[HISTORY: Adopted by the Town Board of the Town of Sullivan 6-4-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to prevent new pollution and eliminate existing pollution, by control over the open storage of vehicles and motor vehicles and the parts thereof. The provisions of this chapter are designed:
To protect human life and health;
To prevent conditions which constitute a blight on the Town's landscape;
To prevent conditions that destroy the aesthetic qualities of the Town;
To prevent conditions which tend to depreciate not only the property on which such conditions are located, but also the property of other persons in the neighborhood and Town generally; and
To prevent conditions that cause the Town to be less safe and less pleasant a place in which to live and to do business.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and in the Vehicle & Traffic Law of the State of New York and in Chapter 275, Zoning, of the Code of the Town of Sullivan so as to give this chapter its most reasonable application.
- APPLICABLE LOCAL LAW
- Includes, although not limited to, the Zoning Law, as well as all actions, permits and variances lawfully taken or granted pursuant thereto by the Planning Board, Town Board and Zoning Board of Appeals, as the case may be.
- ENFORCEMENT OFFICER
- The Town's Zoning Enforcement Officer.
- The professional engineer retained as Engineer for the Town of Sullivan.
- FARM EQUIPMENT
- Equipment used in agriculture and for the purposes of this chapter is included within the definition of motor vehicle or vehicle, as the case may be.
- HISTORICAL MOTOR VEHICLE
- A motor vehicle manufactured more than 25 years prior to the current calendar year, which is owned and operated as an exhibition piece or collector's item, and is used for participation in club exhibits, tours, parades, and similar functions, and also for occasional transportation, but not use for general transportation.
- INOPERATIVE MOTOR VEHICLE
- A motor vehicle which is neither licensed nor operative, whatever its vintage.
- INOPERATIVE VEHICLE
- A vehicle, other than a motor vehicle which is neither licensed nor operative, whatever its vintage.
- LICENSED MOTOR VEHICLE
- A vehicle currently licensed pursuant to New York State Law or the laws of any other state or the United States.
- LIMITED USE VEHICLE
- A motor vehicle as is defined in the Vehicle & Traffic Law of the State of New York at § 121-C.
- MOTOR VEHICLE
- Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except:
- An owner or a person to whom exclusive possession of property has been demised by the owner, who violates or permits violation of the provisions of this chapter on property owned by him or over which he has the legal right to exclusive possession and control.
- OPEN STORAGE
- Parking or leaving, or knowingly permitting to be parked or left on private property, other than inside a building, one or more vehicles or motor vehicles for a period in excess of three days in continuous repose, or for a period in excess of seven days where the same parcel of private property is used primarily for overnight storage.
- A motor vehicle, snowmobile or vehicle, as the case may be, shall be presumptively operative, if it is mechanically operable without repair or modification, and there has been issued for same a valid New York State certificate of inspection which:
- OPERATIVE BUT UNLICENSED MOTOR VEHICLE
- A motor vehicle which is unlicensed, but operative.
- OPERATIVE BUT UNLICENSED VEHICLE
- A vehicle which is unlicensed, but operative.
- Any individual, firm, company, association, society, corporation or group having title to real or personal property.
- Any individual, firm, company, association, society, corporation or group.
- PLANNING BOARD
- The duly appointed Planning Board of the Town of Sullivan.
- Is mandatory; "may" is permissive.
- Any self-propelled vehicle designed for travel on snow or ice, steered by skis on runners and supported in whole or in part by one or more skis, belts or cleats.
- SPECIALTY MOTOR VEHICLE
- A motor vehicle, the principal use for which is dictated by a purpose other than transportation or people, such as historical motor vehicles and racing motor vehicles.
- The State of New York.
- The Town of Sullivan, New York.
- TOWN BOARD
- The duly elected Town Board of the Town of Sullivan.
- Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
- ZONING BOARD OF APPEALS
- The duly appointed Zoning Board of Appeals of the Town of Sullivan.
This chapter shall apply to all areas within the jurisdiction of the Town of Sullivan, outside the Village of Chittenango.
Junkyards and motor vehicle wrecking yards are prohibited, except as they may be established or maintained solely in accordance with Chapter 275, Zoning.
Storage of one or more cast-off, unusable, or abandoned motor vehicles, including limited use and specialty vehicles, or any other cast-off, unusable or abandoned vehicles or parts thereof on the open grounds outside of enclosed structures, or approved enclosures, shall be regarded as use of property for a dump or junkyard.
Storage of inoperative farm equipment on the open grounds outside of enclosed structures or approved enclosures used for an agricultural use is permitted, provided the same are stored for the use of the owner or operator of the farm upon which they are situate. The aforementioned storage shall not be regarded as use of property for a dump or junkyard.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted law, rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern. Notwithstanding the foregoing, nothing herein contained shall be interpreted or applied so as to abridge any provision of Chapter 275, Zoning, which is specifically at variance with any provision hereof.
It shall be unlawful to violate any provision of this chapter.
Penalties for violation of the provisions of this chapter by failure to comply with any of its requirements are as follows:
Any offender found to be violating any provision of this chapter shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any offender who fails to comply with the provisions of this chapter shall be subject to a fine not exceeding $250 for each offense. The continued violation of any provision of any section of this chapter shall constitute a separate offense for each and every day such violation of any provision hereof shall continue.
As an alternative, upon violation of this chapter, the proper authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings, including an injunction to prevent such unlawful use, to restrain, correct or abate such violation and to prevent the occupancy of any building, structure or land where said violations of this chapter are found.
Any offender violating any of the provisions of this chapter shall become liable to the Town for any expense, loss or damage occasioned the Town by reason of such violation, and the Town may initiate an action in a court of competent jurisdiction to recover such damages.
Open storage of motor vehicles shall be permitted on any one parcel of private property shown on the Tax Map for the Town, consonant with the following restrictions:
Licensed motor vehicles. Unrestricted open storage of licensed motor vehicles is permitted unless violative of one or more provisions of Chapter 275, Zoning, or any other law, rule, regulation or ordinance of the Town or of the state.
Operative but unlicensed motor, limited use or specialty vehicles. Open storage for a period of up to six months duration, of a maximum of two operative but unlicensed motor vehicles, limited use vehicles or specialty motor vehicles per Tax Map parcel is permitted in all Agricultural, Residential and Planned Development Districts within the Town, and three such vehicles are permitted in all Industrial and Business Districts, except as otherwise specifically provided by applicable local law, unless violative of one or more provisions of Chapter 275, Zoning, or any other law, rule, regulation or ordinance of the Town or of the state. An increase in the permitted number or permitted duration of time may be approved by the Zoning Board of Appeals upon application by the owner of the parcel and the showing of special circumstances at a public hearing.
Inoperative motor, limited use or specialty vehicles. In all zone classifications, except as otherwise specifically provided by applicable local law, no open storage of inoperative motor vehicles, limited use vehicles or specialty motor vehicles is permitted. Open storage of one such vehicle may be permitted if approved by the Zoning Board of Appeals, upon application by the owner of the parcel and the showing of special circumstance at a regular meeting of the Zoning Board of Appeals.
Open storage of vehicles, other than motor vehicles, shall be permitted on any one parcel of private property shown on the Tax Map for the Town, consonant with the following restrictions:
Inoperative vehicles. In all zone classifications, except as otherwise specifically provided by applicable local law, no open storage of inoperative vehicles is permitted beyond a period of three months for one such vehicle. Open storage of one such vehicle may be permitted beyond such three-month period, for an additional six-month period, if approved by the Zoning Board of Appeals, upon application by the owner of the parcel and the showing of special circumstance at a regular meeting of the Zoning Board of Appeals.
There shall be no outside storage of motor vehicle parts or vehicle parts at any time within the Town, except where permitted by the Planning Board in accordance with Chapter 275, Zoning, except as otherwise provided for herein.
The Town Enforcement Officer, Engineer and other duly authorized officers of the Town, bearing proper credentials and identifications, shall be permitted to enter upon all properties for the purpose of inspection, to implement the provisions of this chapter, as permitted by the laws of the State of New York in such cases made and provided.
No building permit or occupancy permit, as the case may be, shall be issued to any owner of a parcel of land found to be in violation of any provision of this chapter, in addition to any other applicable law in such cases made and provided for.