[HISTORY: Adopted by the Town Board of the Town of Clay 4-19-2004 by Ord. No. 2004-02. Amendments noted where applicable.]
The Town Board hereby determines that the outside parking and display for sale of any motor vehicle, including automobile-dealership-owned and similar motor vehicles on properties and highways in the Town of Clay, other than properties upon which properly authorized motor vehicles sales businesses are conducted, is unsightly, depreciates the value of neighboring properties, facilitates the use of such properties for business, commercial or other purposes not authorized by the Town of Clay Zoning Ordinances, and is otherwise to the detriment of the public health, safety and welfare of the residents of the Town of Clay.
This chapter is not intended to regulate junkyards or automobile junkyards as provided in the Town of Clay Zoning Ordinance and § 136 of the General Municipal Law of the State of New York
As used in this chapter, the following terms shall have the following meanings:
- DEALER-OWNED/DEALER-PLATED OR TRANSPORTER-PLATED MOTOR VEHICLE
- Any motor vehicle bearing, displaying or having been issued dealer plates, number plates or transporter plates for the purpose of retail or wholesale dealing of motor vehicles as codified in Article 16 of the New York State Vehicle and Traffic Law.
- All the land in the town located within the boundaries of any property, any part of which is publicly maintained and opened to the use of the public, for purposes of vehicular travel.
- LIMITED-REGISTRATION MOTOR VEHICLE
- Any motor vehicle bearing, displaying or having been issued limited-purpose registration plates pursuant to § 401, Subdivision 13, of the New York State Vehicle and Traffic Law.
- A parcel of land located in the town. A "lot" may or may not be the land shown as a lot on a duly recorded plat.
- MOTOR VEHICLE
- All vehicles propelled or drawn by power originally intended for use on public highways.
- That area of real property not included within a building or structure which is fully enclosed with walls and a door.
- The owner of a lot as stated in the latest assessment roll of the Town.
- PARK OR PARKING
- The standing or stopping of a motor vehicle, other than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers and shall include the display for sale of motor vehicles.
- Any individual, firm, partnership, associates, corporation, company or organization of any kind.
- The Town of Clay.
- ZONING ORDINANCE
- The Zoning Ordinance of the town, including any amendments thereto, as is in effect on the date or dates of any alleged violation of this chapter.
It shall be a violation of this chapter for any owner or person to park and display for sale or cause to be parked any motor vehicle including dealer-owned/dealer-plated or transporter-plated or limited-registration motor vehicles, on any highway or outside on any lot.
Exemptions are as follows:
The Commissioner of Planning and Development of the Town of Clay is hereby authorized to enforce the provisions of this chapter.
The Commissioner of Planning and Development may, but is not required to, serve upon the owner of the real property on which a motor vehicle is situated in violation of this chapter, or upon a person whom the Code Enforcement Officer reasonably believes to have violated this chapter, a written notice of such violation.
The notice of violation shall state that the violation shall be immediately remedied and that the failure to remedy such violation shall be deemed to subject the said owner or said person to the penalties prescribed by this chapter.
Any motor vehicle found by the enforcement official to be in violation of this chapter may be impounded and immediately removed from the premises. The Town or its agent shall be authorized to enter upon the premises to determine ownership and to remove the vehicle.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $500 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both: and upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation.
If any section, subdivision, paragraph, sentence or other portion of this chapter shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, it is the intention of the Town Board that such section, subdivision, paragraph or other portion so adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent, and the remainder of this chapter shall be and remain in full force and effect.
This chapter shall take effect 10 days after publication of a notice setting forth the title and a brief description hereof or immediately as provided by § 133 of the Town Law, as amended.