[HISTORY: Adopted by the Common Council of the City of Lockport 10-18-1967.
Section 181-6A amended during codification; see Ch. 1, General Provisions,
Art. II. Other amendments noted where applicable.]
Abandoned, junked, discarded, dismantled, inoperative, wrecked and unlicensed
motor vehicles upon privately or publicly owned property within the City of
Lockport are detrimental to safety, health and public welfare. They constitute
an attractive nuisance to children and are a peril to their safety. They depreciate
the value of neighboring properties. They are a fire hazard and a source of
fire and explosions. It is hereby declared that the adoption of this chapter
has for its purpose the effective termination of such practices.
The provisions of this chapter shall apply to any motor vehicle, including
a trailer and motorcycle, which is without a currently valid license plate
or plates and is in either an abandoned, junked, discarded, dismantled, partly
dismantled, inoperative or wrecked condition.
For the purpose of this chapter, the following definitions are established:
The parking, storing or depositing of any unlicensed motor vehicle, including a trailer or motorcycle, and regardless of its mechanical or physical condition, in any manner and/or in any location prohibited in § 181-4, and leaving the same in such prohibited location longer than the compliance period specified in § 181-5 and in a written notification from the enforcing officer.
A vehicle and/or parts thereof which has been parked, stored or deposited
in such manner or in such location that it constitutes a nuisance in that
health, fire and safety hazards are or may be created.
The removal of any part or parts normally required for the operation
of the vehicle, and also the removal of any vehicle body or parts thereof,
excepting those usually classified as accessories. Also included as "dismantled"
or "partially dismantled" are vehicles which are being cannibalized for parts
used to build, rebuild or restore another vehicle.
Any mechanical or physical condition which makes a self-propelled
vehicle unable to start and operate under its own power, and any physical
condition which makes a non-self-propelled vehicle incapable of movement.
As applied to any motor vehicle, including trailers and motorcycles,
a vehicle or parts thereof no longer intended or in condition for legal use
on the public highways and in such condition that it is economically unsound
to restore the same to operating condition.
A vehicle that has been damaged by impact, of whatever nature or
cause, and is in such condition that it is economically unsound to restore
the same to operating condition, taking into consideration the repairs to
be made, the age of the vehicle and the market value of the vehicle if it
were restored.
A.
It shall be unlawful for any person, firm or corporation, either as owner of the vehicle or as owner, lessee, occupant or otherwise of the land, to park, store or deposit, or cause or permit to be parked, stored or deposited, a motor vehicle, trailer or motorcycle which is unlicensed and which is abandoned, junked, discarded, dismantled, in whole or in part, inoperative or wrecked, as defined in § 181-3, in or upon any lot or land, private or public, including City-owned rights-of-way between the highway and the property line, unless it is contained within a completely enclosed building, or unless it is necessary for the operation of a business enterprise lawfully situated on private property.
B.
A vehicle which is determined to be operative and which is not abandoned, junked, discarded, dismantled, in whole or in part, or wrecked, as defined in § 181-3, but which is without a currently valid license plate, shall not be parked, stored or deposited in any front yard or driveway across a front yard, between the sidewalk and curb or on other public property, or on any property other than the premises occupied by the owner of the vehicle or in a side yard abutting a side street.
C.
A vehicle which has been damaged by collision, impact
or otherwise and which is awaiting inspection for insurance settlement purposes
must be stored in the rear yard or in a side yard (behind the front building
line), said side yard not abutting a side street, and upon a lot owned or
occupied by the owner of such vehicle.
A.
The Building Inspector of the City of Lockport is hereby
authorized to make the necessary inspections and to perform the duties of
enforcing officer. Adequate records of all inspections and enforcement actions
shall be maintained.
B.
If any of the provisions of the foregoing sections are
violated, the Building Inspector shall serve written notice, either personally
or by certified mail, upon the owner of the vehicle, provided that such ownership
can be established upon reasonable inquiry, and also upon the owner, lessee,
occupant or person having charge of any such land upon which such motor vehicle,
trailer or motorcycle is deposited, to comply with the provisions of this
chapter within 10 days from date of service of said notice. The offender or
offenders shall, within the period of time stated in such notice, permanently
cease all violations. This time may be extended only by the Common Council
for reasonable cause.
C.
The enforcing officer shall notify the Common Council
and the Corporation Counsel in writing of the notices which have been served
and compliance not secured.
A.
Any person, firm or corporation, as owner of the vehicle,
trailer or motorcycle, and/or any person, firm or corporation, either as owner,
occupant, lessee, agent, tenant or otherwise, having charge of said land upon
which such motor vehicle, trailer or motorcycle is stored or deposited, who
shall neglect or refuse to remove such motor vehicle, trailer or motorcycle
as directed by this chapter, or who shall violate any of the provisions of
this chapter, shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both. Each day in which any such violation shall
continue shall be deemed a separate offense.[1]
B.
Any person, firm or corporation violating any of the
provisions of this chapter shall become liable to the City for any expense,
loss or damage occasioned the City by reason of such violation, and the City
may maintain an action against such person, firm or corporation to recover
for such expense, loss or damage, together with the costs of executing such
notice or orders required.
