JUNK ORDINANCE

Adopted May 19, 2005

An amended ordinance regulating the placement and storage of junked vehicles and junk in the Town of Milford.

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF MILFORD, AS FOLLOWS:

SECTION 1:  This ordinance shall be known as the “Junk Ordinance” in the Town of Milford, NY

SECTION 2:  A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Milford, and the general welfare of its citizens.  It is further declared that the unrestrained accumulation of junk motor vehicles is a hazard to the health, safety, and welfare of citizens of the Town, necessitating the regulation restraint, and elimination thereof. 

SECTION 3:  This ordinance shall supersede and replace any prior existing ordinance or sections of ordinances.

SECTION 4.1 – DEFINITIONS:

A.     ENFORCEMENT OFFICER – an individual designated by the Town to represent them in particular matters pertaining to this ordinance.                       

B.     JUNK – the outdoor storage or deposit of the following, whether in connection with another business or not:            

            (1)  two or more junked vehicles;

            (2)  one or more abandoned mobile home(s) or recreation vehicle(s);

            (3)  waste paper, rags, scrap metal, or discarded materials;

            (4)  two or more inoperable appliances;

            (5)    toxic chemicals and/or radioactive materials at levels that could be injurious to human, animal, and/or biological life, exempting New York State licensed applicators and/or Federally licensed handlers; and

            (6)    any combination of the above that totals two items.

C.     JUNKED VEHICLES – a “junked vehicle” is any motor vehicle whether automobile, bus, trailer, truck, tractor, mobile home, three- or four- wheeler, motorcycle, motor bicycle, mini bicycle, snowmobile, or any other contraption originally intended for travel on the public highway which:

(1)  is unlicensed, old, wrecked, stored, discarded, abandoned, or dismantled or partly dismantled, which is not intended or in any condition for legal use upon the public highway.        

(2)  is being held or used for the purpose of resale, reclamation,  storage or disposal of parts.

(3)  is in such condition as to cost more to repair and place in operating  condition than its reasonable market value at the time before such repair.

With respect to any motor vehicle not required to be licensed or motor vehicle not usually used on public highways, the fact that such motor vehicle has remained unused for more than six (6) months and is not in condition to be removed under its own power shall be presumptive evidence that such motor vehicle is a “junked vehicle.”

The fact that a motor vehicle may be licensed or registered with the State of New York, but does not display a current license plate, shall be presumptive evidence that such motor vehicle is unlicensed.

The use of the term in the singular herein is intended, where applicable, to include the plural.

D.     SCRAP PROCESSING FACILITY – a location that stores and/or process iron, steel and non-ferrous scrap metal.

SECTION 4.2 – DUTIES OF ENFORCEMENT OFFICER:            

A.  To observe possible violations at a distance without trespassing on property;

B.     To make contact with the violator and explain the Town Junk Ordinance as it pertains to the violation – to supply a copy of the Town Junk Ordinance upon request;          

C.  To inform the violator that he/she has thirty (30) days to correct violations;  

D.      To make follow-up visit to the property within the thirty (30) day period to monitor compliance with the ordinance;

E.       To refer violation to the Town Board for further action should the violator not comply; and

F.      To make written reports to the Town Board on a quarterly basis.

SECTION 4.3 – OBLIGATIONS OF VIOLATOR:

Violators will comply with Junk Ordinance by correcting violations within the proscribed thirty (30) days or there will be further action from the Town Board.

SECTION 5:  No person shall engage in or conduct, whether for profit or otherwise, on real property within the Town of Milford, either for himself or for and on behalf of any other person, directly or indirectly, as agent, employee or otherwise, at wholesale, retail, or otherwise, any operation which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise, handling or arranging, for sale, resale, storage or disposal or otherwise, of junk or junk vehicles as defined in this ordinance.

SECTION 6 – PENALTIES FOR OFFENSES:                        

A.  The owner of any such place or business, as defined in Section 4, who commits or permits any acts of violation of this ordinance or fails to comply with the
provisions thereof shall be deemed to have committed an offense against such ordinance and shall be liable for any such violation.  Each day such violation
shall continue or be permitted to exist shall constitute a separate violation

B.   For every violation of any provision of this ordinance, the person violating the same shall be subject to a fine of not more than One hundred dollars ($100) for each offense.  Such penalty shall be collectible by and in the name of the Town of Milford for each day that such violation shall continue.

C.  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 ordinance.

SECTION 7 – SEVERABILITY: 

If any clause, sentence, paragraph section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

SECTION 8 – ADMINISTRATIVE LIABILITY: 

No officer, agent or employee of the Town of Milford shall render himself personally liable for any damage that may accrue to persons or property as a result of any action brought against any officer, agent or employee of the Town of Milford as a result of any act required or permitted in the discharge of his duties under this ordinance and shall be defended by the Town Attorney until the final determination of the proceedings.