§ 103-67.1. Exceptions for special use vehicles.

A. 

Legislative intent. Abandoned, dismantled and junked motor vehicles that litter a town's landscape diminish property values and scenic beauty. The Town Board, in enacting this section, recognizes that circumstances may exist when it is impossible for owners of hobby or historic vehicles and owners of seasonally used vehicles to comply with the prohibitions set forth above. Therefore, the Town Board does hereby establish a procedure whereby the owners of certain unregistered motor vehicles are permitted unenclosed storage of their vehicles where circumstances do not permit fully enclosed storage. It is not the intent of the Board that this section shall be used to avoid the prohibitions of § 103-66 of this chapter.

B. 

For purposes of this section, a "hobby vehicle" shall be defined as any unregistered motor vehicle which is actively being restored, repaired, refurbished or remodeled by the owner. A seasonally used vehicle shall be any unregistered fully operational motor vehicle, car or truck which is used or stored on premises for a certain period of time each year. Automobiles which are actively being used to provide parts for hobby vehicles shall be deemed "hobby vehicles" under the terms of this section.

C. 

Hobby and seasonally used vehicles may exceed the 90 days established above when the owners have complied with the requirements of this section. This section shall not apply to any junked or abandoned motor vehicle that is incapable of operation or use and is not being used to provide parts for a hobby vehicle. Such junked or abandoned motor vehicle shall be governed by § 103-66.

D. 

Owners of hobby or seasonal motor vehicles may satisfy the requirements of this section by filing applications with the Code Enforcement Office for special vehicle permits. Upon approval, such special vehicle permits will allow owners to store vehicles, unenclosed, for a period of more than 90 days, subject to the following requirements:

(1) 

The applicant must affirm that the vehicle he is registering is being restored or that restoration will imminently commence or is providing parts for a hobby vehicle or is a fully operational seasonal vehicle that will not be operated on any public highway during the time it is so registered with the town and is not a junked or abandoned vehicle.

(2) 

The applicant shall list the make, model, serial number and year of any vehicle so registered, along with the name and address of the owner of record. A copy of the current title, expired registration or other legal documentation of ownership shall be affixed to such application. The applicant shall indicate whether the vehicle is hobby or seasonal. Special rules for seasonal vehicles, such as "winter rats": owner shall indicate months of the year when vehicle will be used and may apply for permit valid for six months.

(3) 

Upon approval by the Town Code Enforcement Officer and payment of the annual fee, the owner shall be issued a renewable special vehicle permit, which shall exempt him from the requirements of § 103-67; i.e., storing an unregistered vehicle in an unenclosed area for more than 90 days. No hobby vehicle may be so registered for more than five consecutive years.

(4) 

Any fraudulent statements or misrepresentations by the applicant on the application will cancel the special permit, at which time the ninety-day maximum time period will begin. The Code Enforcement Officer shall notify the owner of record that his permit has been revoked and shall so state in writing why the permit has been revoked. Further, any special permit may be revoked by Code Enforcement Officer with 30 days notice to the owner if, in the judgment of the Code Enforcement Officer, the applicant is not complying with the terms of this section.

(5) 

The permit must be surrendered upon registration of vehicle with the New York State Department of Motor Vehicles.

(6) 

The permit must be available for inspection by the Code Enforcement Officer of the town.

(7) 

Hobby vehicles must be covered with an opaque plastic, canvas or cloth tarpaulin. Seasonal vehicles must be covered with an opaque plastic, canvas or cloth tarpaulin when not in use.

(8) 

Hazards, hobby vehicles. All vehicles deemed "hobby vehicles" under this section must drain flammable and hazardous liquids from the vehicle and dispose of them properly. In addition, the vehicle must be kept free of broken glass and other dangerous materials so that it does not pose a hazard or threat to public health and safety. Failure by the applicant to so maintain vehicle may result in revocation of the special vehicle permit.

(9) 

Under no circumstances may a seasonal vehicle, while registered with the Town of Oneonta, be operated on any public road, street, highway or right-of-way. Such action is grounds for revocation of the special vehicle permit.

(10) 

The following nonrefundable fee must accompany each application, and fees shall be amended upon resolution of the Town Board:

	Type of Application		Fee
	Hobby vehicles, annual Seasonal use		$10.00
		6-month	$5.00
		Annual	$10.00

Added 11-8-1989