[HISTORY: Adopted by the Town Board of the Town of Milton12-26-2007
by L.L. No. 2-2007. Amendments noted where applicable.]
By adoption of this chapter, the Town Board of the Town of Milton declares
its intent in so doing to regulate and control the presence of abandoned or
unregistered motor vehicles within the Town of Milton, exclusive of such part
of said Town as may be within the limits of the Village of Ballston Spa. Said
Town Board hereby declares that the presence of abandoned or unregistered
motor vehicles can constitute a nuisance, an unsightly condition and a source
of annoyance not only to the owners and occupants of adjoining lands but also
the general public. These vehicles can also constitute a hazard to property
and persons. The vehicles, their components and contents may be highly flammable.
Batteries and such other elements of such vehicles can contain
acids and other matter potentially harmful to humans. These vehicles frequently
contain sharp metal or glass edges or points upon which a human could receive
serious cuts and abrasions. These vehicles can constitute an attractive nuisance
to children and certain adults. The presence of such vehicles may diminish
the aesthetic qualities of the Town and tend to depreciate not only the property
of other persons in the neighborhood but the Town generally. The Town Board
of Milton also recognizes the fact that not all unregistered vehicles are
unsightly or a public nuisance and that other special circumstances may deserve
consideration.
As used in this chapter, the following terms shall have the meanings
indicated:
The relinquishment of all right, title, claim and possession with
the intention of not reclaiming it nor resuming its ownership, possession
or enjoyment.
Structure containing less than 750 square feet, the use of which is customarily incidental and subordinate to that of the principal building and which is attached thereto or is located on the same lot premises. Accessory structures are not for human habitation and include garages, sheds and barns. (From Chapter 180, Zoning, Article II, § 180-5, Definitions.) (See Chapter 180, Zoning, Article V, § 180-17, Architectural features and accessory structures, Subsection B: Accessory structures may be located in any side or rear yard, subject to the limitations stated herein, including the accessory structure shall not extend beyond the front of any dwelling on the premises or closer than 60 feet to the road, whichever is less; and be set back no less than 10 feet from the property line and 12 feet from the principal building. There shall be no more than three per property and, in the aggregate, shall not occupy more than 30% of the required yard. A building permit is required prior to the construction of an accessory building. See also § 180-17, Subsection C, single portable accessory structures, for height and square footage. Portable structures must also comply with the placement codes set forth in § 180-17B.)
See "historical vehicle."
See "historical vehicle."
Any vehicle with some or all of its related parts removed, rendering
it nonfunctional and illegal for road use pursuant to the Vehicle and Traffic
Law of the State of New York.
Any vehicle manufactured more than 25 years prior to the current
calendar year, and any other model, year and type vehicle which has unique
characteristics and which is determined to be of historical, classic or exhibition
value. This includes each motor vehicle which is owned and operated as an
exhibition piece or collector's item, and is used for participation in club
activities, exhibit, tours, parades, occasional transportation and similar
uses. Historical vehicles are not generally used for daily transportation.
A passenger auto, truck, tractor-truck, trailer, bus, motor home,
motorcycle or other licensed and insured vehicle operated or driven upon a
public highway and which is propelled or drawn by other than human muscular
power, except for motor vehicles whose primary use is for agricultural purposes,
such as tractors, bulldozers, etc.
An individual, an association, a partnership and/or a corporation.
Any vehicle not intended or registered for legal road use, and is
specifically modified for use in an auto racing sport.
Boats, snowmobiles, three- or four-wheelers, ATVs, and other engine-propelled
vehicles which require a license and insurance, in accordance with the Vehicle
and Traffic Law of the State of New York, when used off of the vehicle owner's property.
A motor or recreational vehicle which, though it may be carrying
a license plate, is not insured or inspected in accordance with the Vehicle
and Traffic Law of the State of New York.
Not registered in accordance with the Vehicle and Traffic Law of
the State of New York. Includes recreational vehicles.
An historical vehicle but may have vintage rather than historical
license plates.
Any vehicle which is fully operational with all its related parts,
and is legal for road use pursuant to the Vehicle and Traffic Law of the State
of New York.
A.Â
It shall be unlawful for any person to park, store, place or otherwise deposit any abandoned, unregistered or uninsured motor vehicle, or parts thereof, in, on or upon any premises, whether public or private, within the boundaries of the Town of Milton, exclusive of the Village of Ballston Spa. It shall be unlawful to park, store, place or otherwise deposit any recreational vehicle, or parts thereof, upon any premises, whether public or private, within the boundaries of the Town of Milton, exclusive of the Village of Ballston Spa, except as in compliance with § 167-4K of this chapter.
B.Â
It shall be unlawful for any person to suffer or permit the parking, storage, placing or otherwise depositing of any abandoned, unregistered or uninsured motor vehicle, or parts thereof, in, on or upon any premises, whether public or private, within the boundaries of the Town of Milton, exclusive of the Village of Ballston Spa. It shall be unlawful for any person to suffer or permit the parking, storage, placing or otherwise depositing of any recreational vehicle, or parts thereof, upon any premises, whether public or private, within the boundaries of the Town of Milton, exclusive of the Village of Ballston Spa, except as in compliance with § 167-4K of this chapter.
This chapter shall not apply to the following persons:
B.Â
To persons who are dealers in new or used motor vehicles,
provided that such persons are authorized by the State of New York to conduct
such activity; and provided, further, that the presence of unregistered motor
vehicles be limited to the principal place of business of such dealers.
C.Â
To persons whose unregistered motor vehicle is specifically
exempted from registration by the Vehicle and Traffic Law of the State of
New York.
D.Â
To persons whose unregistered vehicles are parked, stored, placed or otherwise deposited in an enclosed accessory structure, such as a garage or barn. An accessory storage structure cannot extend past the front of any dwelling on the premises. (See definitions above and Chapter 180, Zoning, Article V, §180-17, Architectural features and accessory structures, for size and location specifications.)
E.Â
To persons who have discontinued their registration on
a temporary basis which shall not exceed six months. Said motor vehicle must
be stored out of sight in a side or rear yard in an accessory structure or
behind a privacy fence. Application for an exception/variance, for consideration
of special circumstances other than those exceptions stated in this section,
may be made to the Zoning Board of Appeals for an extension of said period,
but must be made prior to the expiration of the six-month period.
F.Â
To persons who have discontinued their motor vehicle registration on a temporary basis while they are currently on active duty in any of the Armed Forces of the United States or the State of New York, provided that said motor vehicle is kept and stored out of sight, in an accessory structure or behind a privacy fence, on property owned by said person or said person's immediate family. An accessory storage structure cannot extend past the front of any dwelling on the premises. (See Chapter 180, Zoning, Article V, § 180-17B and C.) For installation of privacy fencing see Chapter 180, Zoning, Article VI, § 180-27.
G.Â
To persons who have discontinued their motor vehicle registration while attending school, provided the person is a full-time occupant of the premises and is attending school on a full-time basis, and provided that said vehicle is owned or operated by a member of the family occupying said premises and that said motor vehicle is kept and stored out of sight, in an accessory structure or behind a privacy fence. The exemption shall be limited to the period September 1 through May 30 or for the length of the school term, whichever is shorter. This exemption shall not apply to any recreational vehicle or commercial vehicle. The exemption under this section will only be granted by the Town Enforcement Officer. An accessory storage structure cannot extend past the front of any dwelling on the premises. (See Chapter 180, Zoning, Article V, § 180-17B and C.) For installation of privacy fencing see Chapter 180, Zoning, Article VI, § 180-27.
H.Â
To persons whose unregistered motor vehicle is used principally for the purpose of automobile racing and which motor vehicle, in fact, is so used at least once every nine months on a sanctioned track as evidenced by written proof of the same. Said racing vehicle must be owned and operated by a member of the family who is a full-time resident of said premises. Whole and complete unregistered vehicles, which are used primarily for racing, and dismantled racing vehicles, which are in the process of being repaired or used as parts for repair, must be either enclosed out of sight in an accessory structure, such as a barn or garage, or must be concealed from street level view and from ground level view for adjoining properties by the use of appropriate privacy fencing. However, under no circumstances shall there be more than three said racing vehicles, whole or dismantled, stored outside of an accessory structure. An accessory storage structure cannot extend past the front of any dwelling on the premises. (See Chapter 180, Zoning, Article V, § 180-17B and C.) For installation of privacy fencing see Chapter 180, Zoning, Article VI, § 180-27.
I.Â
To persons who own whole and complete historical vehicles or dismantled historical vehicles which are in the process of restoration, or used as parts for restoration, providing the said historical vehicle(s) is/are owned by a member of the family who is a full-time resident of said premises. Said vehicle(s) must be stored in an enclosed accessory structure such as a barn or a garage, or must be concealed from street level view and from ground level view for adjoining properties by the use of appropriate privacy fencing. However, under no circumstances shall there be more than three said historical vehicles, whole or dismantled, stored outside of an accessory structure. An accessory storage structure cannot extend past the front of any dwelling on the premises. (See Chapter 180, Zoning, Article V, § 180-17B and C.) For installation of privacy fencing see Chapter 180, Zoning, Article VI, § 180-27.
J.Â
To persons having a maximum of one unregistered vehicle in running
condition for snowplowing and/or snow removal.
K.Â
To persons whose recreational vehicles are stored on their property, provided said vehicle is owned and operated by a full-time resident of the dwelling and that storage of said recreational vehicle shall not extend beyond the front line of the primary dwelling or closer than 60 feet from the road, whichever is less. Unless actually being driven, said vehicle(s) must be covered at all times, stored in an enclosed accessory structure or concealed from street level view and from ground level view for adjoining properties by the use of appropriate privacy fencing. However, under no circumstances shall there be more than three said recreational vehicles stored outside of an accessory structure. An accessory storage structure cannot extend past the front of any dwelling on the premises. (See Chapter 180, Zoning, Article V, § 180-17B and C.) For installation of privacy fencing see Chapter 180, Zoning, Article VI, § 180-27.
A.Â
Any person who commits or permits any acts in violation
of this chapter shall be deemed to have committed an offense against such
chapter, and such person shall be given written notice of said violation with
a period of 15 days from receipt of said notice to correct said violation.
Each day such violation shall continue or to be permitted to exist after the
fifteen-day period has expired shall constitute a separate distinct violation,
without any further paperwork or notices provided.
B.Â
For every violation of any provision of this chapter
the person violating the same shall be subject to fine of not more than $250
or imprisonment not exceeding 15 days, or both such fine and imprisonment.
C.Â
Additionally, any person violating this chapter shall
be subject to a civil penalty enforceable and collectible by the Town in the
amount of $100 for each offense. Such penalty shall be collectible by and
in the name of the Town for each day that such violation shall continue. Each
day shall be a distinct separate violation subject to a separate penalty.
D.Â
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of this chapter.
According to Chapter 180, Zoning, Article VI, Supplemental Regulations, § 180-23, Applicability: "The following supplemental regulations are applicable in all zoning districts in the Town of Milton unless otherwise provided herein." Persons who store vehicles on their property, under the categories in § 167-4, Exemptions (listed above), should be aware of the code set forth in Chapter 180, Zoning, Article VI, Supplemental Regulations, § 180-24, General performance standards, which states that "No use shall be permitted that does not conform to the following standards of use, occupancy and operation, in addition to all relevant provisions or other local, state and federal laws, rules or regulations." These standards address: A. Noise; B. Atmospheric effluence (dust and pollutants); C. Glare and heat; D. Industrial waste; F. Fire and explosion hazards; G. Maintenance of developed property; and H. Commercial vehicles.
