§ 47-3. Definitions.

As used in this local law, the following terms shall have the meanings indicated:

ABANDONED VEHICLE

The intent of the owner of any vehicle, whether or not required to be licensed or whether normally operated on public highways or not, shall be determined by the physical condition of the vehicle, statements of the owner as to its abandonment, the length of time since the vehicle last operated on the highway, current status of license, registration or inspection and other relevant facts.

ANTIQUE MOTOR VEHICLES

A motor vehicle, but not a reproduction thereof, manufactured more than 30 years prior to the current year and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored to a condition which is substantially in conformity with the manufacturer's specifications and appearance.

CLASSIC MOTOR VEHICLES

A motor vehicle, but not a reproduction thereof, manufactured more than 20 years prior to the current year, and which, because of discontinued production and limited availability, is considered to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored to a condition which is substantially in conformity with the manufacturer's specifications and appearance.

COMMERCIAL GARAGE

Any business licensed by the town and/or state to repair motor vehicles or any part thereof.

DISCARDED VEHICLE(S)

Any vehicle(s) which the owner thereof, as established by the surrounding circumstances, relinquishes ownership and possession of and any vehicle(s) the owner of which cannot be found after due and reasonable inquiry.

ENFORCEMENT OFFICER

The Building Inspector is designated as the "enforcement officer" for the purposes of this local law.

JUNK VEHICLE

Any vehicle which for any reason is incapable, without repair, of being moved or propelled by application of internal power, if it is a vehicle originally designed to be propelled by internal power, or is incapable, without repair, of being drawn or towed, if it is a vehicle originally designed to be towed or drawn from behind an internally powered vehicle, and, as adjudged by the standards of an ordinary reasonable man, is unsightly in appearance because of the existence of one or more conditions, such as but not limited to the following: deterioration by rust of the body, deterioration of the exterior finish of the vehicle; broken windows; absence of component parts of the vehicle (such as fenders, panels, doors, bumpers, headlights, hood, trunk door, tires, wheels, grille, roof or tailgate); physical damage (such as dents, cracks, scrapes, or holes) to component parts of the vehicle; and absence of interior components (such as seats, dashboard or interior door panels), or is incapable of being moved or propelled, drawn or towed without repair as provided for hereinabove and has remained situate on any real property for a period in excess of 90 cumulative days.

OPEN STORAGE

Storage other than in a completely enclosed structure constructed of wood, masonry or metal.

OWNER OF PRIVATE PROPERTY

The legal owner, contract purchaser, tenant, lessee, occupant, subtenant, trustee, bailee, receiver or assignee of premises or real property located within the Town of Lancaster.

OWNER OF VEHICLE

The person having the property and/or title, including a person entitled to the use and possession of a vehicle subject to a security interest of another person, and also including any lessee or bailee of a vehicle having the use thereof under lease or otherwise.

PERSON

A natural person, individual, firm, partnership, association, corporation, company, organization or other entity.

REPAIR SETTLEMENT

Determination by whatever means, including settlement of a claim, arbitration or legal action, that any person other than the owner of a vehicle is liable to pay or will pay for the repair of damage resulting from any vehicular accident.

SALVAGE YARD

Any place for the storage or deposit, whether in connection with another business or not, of used motor vehicles intended to be wrecked or junked, or stored as wrecked or junked motor vehicles; iron, steel or nonferrous scrap, where such items, or any of them, are held for the purpose of resale, dismantling parts therefrom for resale or reclaiming for use some or all of the material therein. The term shall include any place for the storage or deposit, for any such purposes, of used parts or waste materials from motor vehicles and shall include those established motor vehicle wrecking and/or motor vehicle dismantling operations which were subject to the licensing requirements of former Chapter 4, Auto Wrecking and Junkyards, of the Code of the Town of Lancaster.

TOWN

The Town of Lancaster, excluding the area of the Village of Lancaster and that portion of the Village of Depew lying within the Town of Lancaster.

UNLICENSED VEHICLE

Any vehicle which may be licensed or registered for operation on public highways and which has not been registered during the preceding six months or is not currently registered and not in a condition for legal use on the public highways. A vehicle which is in a condition to receive a current New York State motor vehicle inspection sticker shall be deemed to be in a condition for legal use on the public highways.

VEHICLE

Any means of transport or conveyance operated, driven, drawn or capable and intended to be operated, drawn or driven upon a public highway by power other than muscular power. A vehicle shall include but not be limited to automobiles, motorcycles, motorbikes, buses, all types of trailers, including trailers used for storage, trucks, truck tractors, mobile homes other than those legally in use in an authorized mobile home park, recreational vehicles, snowmobiles, all-terrain vehicles and jitneys or any other device originally designed and intended for travel on public highways.

WRECKER

Any business licensed or designated by the town to tow or haul other vehicles.