[HISTORY: Adopted by the Town Board of the Town of Clay 4-19-2004
by Ord. No. 2004-02. Amendments noted where applicable.]
A.
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.
B.
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:
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.
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.
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.
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.
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.
A.
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.
C.
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.
D.
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.
