Village of Wappingers Falls, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Wappingers Falls as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
House trailers and mobile homes — See Ch. 92.
Parking — See Ch. 104.
Property maintenance — See Ch. 114.
Vehicles and traffic — See Ch. 143.
Zoning — See Ch. 151.
[Adopted 10-10-1984 by L.L. No. 5-1984]
[Amended 7-14-2010 by L.L. No. 9-2010]
The outdoor storage of one or more abandoned, junk, discarded, dismantled, unlicensed or unregistered vehicles on privately owned property within the Village of Wappingers Falls is detrimental to the health, safety and general welfare of the community and constitutes a detriment to a clean, wholesome, safe and attractive environment that is important to the community. The storage of such vehicles endangers the person and property of members of the community and constitutes a potential nuisance to the children of the community. The fuel tanks of abandoned or junk vehicles contain gasoline or petroleum fumes and constitute an ever-present danger of explosion. The abandoned or junk vehicles often contain broken glass and sharp metal edges and usually are stored or abandoned with batteries containing harmful acids. The control of the outdoor storage of abandoned or junk vehicles on privately owned property in the Village of Wappingers Falls 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 VEHICLES
The intent of the owner of a vehicle not to use it on the public highways or as a conveyance in the manner for which said vehicle was originally designed shall establish it as "abandoned." The intent of the owner shall be determined by the physical condition of the vehicle, any statements as to its abandonment, the length of time since the vehicle was last used, whether the vehicle is currently licensed and other relevant facts.
DISCARDED VEHICLE
Any vehicle which the owner thereof as established by the surrounding circumstances does not intend to recover the possession of, or any vehicle of which the owner cannot be found after due and reasonable inquiry.
JUNK VEHICLE
Any vehicle in such condition as to cost more to repair and to place the same in operating condition than the reasonable market value before such repair.
OWNER OF VEHICLE
Any person, firm, corporation or association having the property in or title to a vehicle, including a person entitled to the use and possession of a vehicle subject to a security interest in another person, and including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.
PREMISES or PROPERTY
Includes all parcels of real property privately owned, situated in the Village of Wappingers Falls, whether occupied or vacant.
UNREGISTERED VEHICLE
Any vehicle which may be licensed or registered with the State of New York and is not currently registered. The fact that a vehicle which may be licensed or 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 licensed or registered. Seasonal motor vehicles having a license plate that expired less than six (6) months previously shall not be considered unlicensed.
VEHICLE
Every motor vehicle or other conveyance originally designed and intended to be operated, drawn or driven or capable of being operated, drawn or driven upon a public highway, together with all conveyances popularly referred to as "snowmobiles," "all-terrain vehicles" and "jitneys," as well as any other substantially rebuilt, modified or altered motor vehicles. For the purpose of this article, the term "motor vehicle" shall include but not be limited to automobiles, trucks, buses, motorcycles and trailers of every type and description.
[Amended 7-14-2010 by L.L. No. 9-2010]
It shall be unlawful for any person, firm or corporation, either as owner, occupant, lessee, agent, tenant or otherwise, of property within the Village of Wappingers Falls to store or deposit or cause or permit to be stored or deposited an abandoned, junk, discarded, unlicensed or unregistered vehicle, or part or piece thereof, on any private property within the Village of Wappingers Falls, unless:
A. 
Such vehicle is stored or deposited in a completely enclosed building.
B. 
Such vehicle is under repair, reconstruction or refurbishing by the owner thereof who must actually be residing upon the premises. Such vehicle must be so maintained and protected so as not to create any safety hazard or nuisance to surrounding property owners and shall not remain on the premises for more than 30 days.
[Amended 9-12-2012 by L.L. No. 6-2012]
C. 
Such vehicle is temporarily stored in compliance with Chapter 151, Zoning, on the premises of a duly authorized motor vehicle service station or body repair shop within the Village of Wappingers Falls and shall not remain on the premises for more than six months.
D. 
Such vehicle is a camping house or boat trailer otherwise stored and used in compliance with the local laws and ordinances of the Village of Wappingers Falls.
[Amended 7-14-2010 by L.L. No. 9-2010]
The enforcement officer, upon detecting an abandoned, junk, discarded, unlicensed or unregistered vehicle, shall serve written notice to the person owning the premises on which the same is located ordering such person to remove the same or cause the same to be removed therefrom within 10 days of the date of such service or file written notification that the vehicle has been abandoned on his property by another. Such notice shall also contain a description of the premises, a statement as to the location thereon of the vehicle, reference to this article and to the fact that the location of such vehicle on such premises is in violation of this article. If such premises are owned by more the one person, personal service on any one of such owners shall suffice; however, as to any owner not personally served with such notice or if no owner can be located upon whom to make personal service, the enforcement officer shall mail such notice to owners not personally served or to the owner and to all the owners, if no owner was personally served, by registered mail to their or his last known address as shown on the latest completed assessment roll of such Village.
[Amended 11-13-1991 by L.L. No. 5-1991; 7-14-2010 by L.L. No. 9-2010]
Failure to remove a junk, abandoned, discarded, unregistered or unlicensed vehicle, after notice, is a violation of this article and is hereby declared to be an offense punishable by a fine not less than $75 nor more than $500 or imprisonment not exceeding 15 days. Each day's continued violation shall constitute a separate and additional offense.
[Amended 7-14-2010 by L.L. No. 9-2010]
Any person who shall willfully or intentionally place any vehicle that is abandoned, junk, discarded, unlicensed or unregistered, as defined herein, upon property not owned, leased or lawfully occupied by such person shall be deemed to have violated this article and be subject to all the penalties herein provided.
[Adopted 10-10-1984 by L.L. No. 7-1984]
As used in this article, the following terms shall have the meanings indicated:
RIGHTS-OF-WAY
Includes all portions of the Village highway or street owned or maintained by the village or used for public travel, including licensed or unlicensed vehicles.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, including but not limited to automobiles, trucks, buses, motorcycles, campers, mobile homes and trailers of every type and description, whether said vehicles are licensed or unlicensed.
A. 
The Superintendent of Highways shall have the power to cause the removal and disposal of any vehicle left unattended for more than 24 hours within the right-of-way of any Village street or any other public property of the village.
B. 
The Superintendent of Highways shall have the power to cause the immediate removal from the right-of-way of any village street any vehicle which obstructs or interferes with the use of such street for public travel or which obstructs or interferes with any operation of the Village Highway Department during a public emergency.
Where a vehicle has been removed, then the owner of the vehicle shall be charged the cost of removal, disposition and storage thereof. The schedule of such costs shall be fixed by the order of the Board of Trustees.
The Village shall cause to be made, as to any vehicle removed pursuant to this article, a report to the Commissioner of Motor Vehicles required in the Vehicle and Traffic Law.
Where the vehicle has been in the possession of the Village for more than 30 days and is unclaimed, then the Mayor or other Village official, as designated by the Board of Trustees, may sell the same at public sale, upon notice of such sale being posted conspicuously in at least three public places in the Village at least six days before the date of sale. The official conducting the sale may, in his discretion, give other publicity to such sale or he may delay the sale in the interest of justice.