Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Orchard Park: Art. I, as Secs. 9-32 and 9-33 of the 1970 Code; Art. II, 6-7-72 as L.L. No. 1-1972. Section 134-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 131.
[Adopted as Secs. 9-32 and 9-33 of the 1970 Code]
[Amended 6-6-73]
The Town Board may establish a vehicle pound, which shall be a place or places to which vehicles may be removed by the Police Department or the Town Superintendent of Highways, and any vehicle left parked or standing in violation of any provision of Chapter 131 may be removed to the said vehicle pound by the Police Department or the Town Superintendent of Highways. No vehicle shall be removed from the vehicle pound until all costs of towing and storing the vehicle are paid in full.
The owner or operator of any vehicle removed to the vehicle pound pursuant to the provisions of § 134-1 shall be liable for the payment of charges for such removal and storage in addition to any fine or other penalty imposed.
[Adopted 6-7-72 as L.L. No. 1-1972]
The outdoor storage of abandoned, junked, discarded and unregistered motor vehicles on privately owned property within the Town of Orchard Park is detrimental to the health, safety and general welfare of the community. The same also constitutes an attractive nuisance to children and in many ways imperils their safety. Such storage also endangers the person and property of members of the community, since fuel tanks containing gasoline or gasoline fumes may easily explode. Such storage is unsightly and depreciates property values. The control of the outdoor storage of abandoned, junked, discarded and unregistered motor vehicles on privately owned properties within the Town of Orchard Park is therefore regulated for the preservation of the health, safety and general welfare of the community.
As used in this Article, the following terms shall have the meanings indicated:
ABANDONED MOTOR VEHICLES
The intent of the owner of a motor vehicle not to use it on the public high ways shall establish it as abandoned. The intent of the owner shall be determined by all relevant facts, including but not limited to any one of the following: the physical condition of the motor vehicle, any statements as to its abandonment, the length of time since the motor vehicle was last used on the public highways and whether the motor vehicle is currently registered. With respect to a motor vehicle not required to be registered or motor vehicles not usually used on public highways, the intent of the owner shall be determined by the physical condition of the motor vehicle, the length of time since it was last used for the purposes intended and any statements as to its abandonment, and other relevant facts.
DISCARDED MOTOR VEHICLE
Any motor vehicle which the owner thereof, as established by the surrounding circumstances, does not intend to recover the possession of, or any motor vehicle whose owner cannot be found after due and reasonable inquiry.
JUNKED MOTOR VEHICLE
Any motor vehicle in such condition as to cost more to repair and place the same in operating condition than the reasonable market value before such repair.
MOTOR VEHICLE
Every vehicle originally designed and intended to be operated, drawn or driven, or capable of being operated, drawn or driven, upon a public highway by any power other than muscular power. For the purposes of this Article the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles and trailers.
OWNER OF MOTOR VEHICLE
A person, firm or corporation having the property in or title to a motor vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person, and also including any lessee or bailee of a motor vehicle having the use thereof under lease or otherwise.
OWNER OF PRIVATE PROPERTY
A person, firm or corporation being the owner, contract purchaser, tenant, lessee, occupant, undertenant, receiver or assignee of private premises or private property located within the Town of Orchard Park.
PREMISES OR PROPERTY
Includes all parcels of real property privately owned, situated in the Town of Orchard Park, whether occupied or vacant.
UNREGISTERED MOTOR VEHICLE
Any motor vehicle which may be registered with the State of New York and is not currently registered. The fact that a motor vehicle which may be registered with the State of New York does not display a current license plate or displays an expired license plate shall be presumptive evidence of the fact that such motor vehicle is not currently registered.
A. 
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise of property within the Town of Orchard Park, to store or deposit, or cause or permit to be stored or deposited, an abandoned, junked or discarded motor vehicle, or part or piece thereof, on any private property within the Town of Orchard Park, unless such motor vehicle is stored or deposited in a completely enclosed building.
B. 
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 Orchard Park, to store or deposit, or cause or permit to be stored or deposited thereon, an unregistered motor vehicle unless:
(1) 
Such motor vehicle is the inventory or part of the inventory of a new or used motor vehicle dealer located in compliance with the ordinances and local laws of the Town of Orchard Park.
(2) 
Such motor vehicle has been converted to and is actually used as a permanent building or structure for carrying on purposes in such manner and circumstances as authorized by the local laws and ordinances of the Town of Orchard Park.
(3) 
Such motor vehicle is a camping, house or boat trailer otherwise stored and used in compliance with the local laws and ordinances of the Town of Orchard Park.
A. 
If the provisions of the foregoing sections are believed to be violated, the Building Inspector or any peace officer shall serve a written notice, either personally or by registered, certified or ordinary mail, upon the owner, occupant or person having charge of such private property, to comply with the requirements of this Article. The Building Inspector or peace officer may determine ownership of any parcel of land in the Town of Orchard Park from the current assessment roll of the town and may serve written notice upon the owner thereof by mailing such notice to the owner at the address listed on the current assessment roll. If the Building Inspector or peace officer is unable to determine the ownership or address of the owner of said private property, such notification may be made by publishing same in the official newspaper of the town.
B. 
The notice shall be in substantially the following form:
To the owner, occupant or person having charge of land within the Town of Orchard Park briefly described as follows:
(here describe subject property)
NOTICE IS HEREBY GIVEN that an abandoned, junked, discarded or unregistered motor vehicle is stored or deposited on the above-described property in the Town of Orchard Park. This vehicle must be removed therefrom within five days from the date of this notice; provided, however, that if this notice is served on you by publication, the said motor vehicle shall be removed within 10 days from the first publication date of this notice.
Failure to remove the abandoned, junked, discarded or unregistered motor vehicle within the periods prescribed above is a violation of this Article.
Violations of this Article shall be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
All motor vehicles shall be removed at the owner's expense. Any person, firm or corporation who shall resist or obstruct the duly authorized agents, servants, officers and employees of the Town of Orchard Park in the removal and destruction of a motor vehicle by order of the Town Court of the Town of Orchard Park shall be subject to the fines and penalties provided herein.