[HISTORY: Adopted by the Town Board of the Town of Wappinger as indicated in article histories. Amendments noted where applicable.]
Article I Licensing
Article II Hours of Operation
[Adopted 7-11-1977; amended in its entirety 6-18-1984]
By the adoption of this article, the Town Board of the Town of Wappinger declares its intent in so doing to be to regulate, control and license the activities of businesses known as "auto graveyards," junkyards, secondhand parts collection areas, the processing of used metals for resale and the dumping, storage and disposal of waste, secondhand or used materials of whatever composition. Said Town Board hereby declares that such activities or businesses can constitute a hazard to property and persons and a public nuisance. Such materials may be highly inflammable and sometimes explosive. Gasoline tanks on old automobiles often contain in some quantity combustible gasoline; the engine and other parts of such automobiles are frequently covered with grease and oil which is also inflammable. The tires, plastic seats, tops and other elements of such autos are also inflammable. Batteries and other elements of such autos can contain acids and other matter potentially harmful to humans. These autos frequently contain sharp metal or glass edges or points upon which a human could receive serious cuts and abrasions. These autos can constitute attractive nuisances to children and certain adults. The presence of such junkyards even in areas zoned for business or industry is unsightly and tends to detract from value of surrounding land and property unless such areas are properly maintained and operated.
As used in this article, the following terms have the meanings indicated:
- Passenger auto, truck, tractor-truck, trailer, bus, motorcycle or other vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment.
- An individual, an association, a partnership, or a corporation.
No person shall engage in or conduct on real property within the Town of Wappinger, either for himself or for and on behalf of any other person, directly or indirectly, as agent, employee or otherwise, any activity or business either for profit or otherwise, at wholesale or retail, 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 bodies, engines or parts of autos or of any secondhand or used property of whatever material it is composed or any waste material, whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement or otherwise, without first obtaining a license therefor as hereinafter provided.
Each applicant for a license hereunder shall execute, under oath, an application therefor to be supplied to him by the Town Clerk, which shall contain the following information:
That the applicant is over 21 years of age, that he is a citizen of the United States, and such other facts or evidence as is deemed necessary to establish that he is a person fit and capable of properly conducting the activity or business for which the license is sought.
A description of the exact type of business he intends to conduct.
The nature of the materials he intends to handle.
The number of employees he intends to engage.
The name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to the use of such land.
At the time of making the application, and at each annual renewal application, the applicant shall submit to and file with the Town Clerk a map or plan of the real property upon which he intends to conduct the activity or business for which he is making application for a license hereunder with the area of such real property which it is proposed to use for such purpose, the location of the fence required hereunder indicated thereon as well as the location of any buildings on such land and the location of any streets or highways abutting or passing through such land and the location of any water, sewer or gas mains or laterals available thereto as well as the general drainage pattern of such land.
In the application the applicant shall agree that if granted the license applied for he will conduct the activity or business pursuant to the regulations hereinafter set forth, and that upon his failure to do so, such license may be revoked after due notification and hearing set forth in § 153-5 hereof.
A person presently engaged in or conducting an activity or business such as described herein, on real property within the Town of Wappinger, must apply for a license therefor within 30 days of the adoption of this article.
If the person conducting such activity or business is not the sole owner thereof he shall state such fact at the time he applies for his temporary license, and the Town Clerk at the time of issuing such temporary license shall send the owners or each of them a notice of the issuance of such temporary license to such person together with a copy of this article.
No license shall be issued or renewed to any person who, at the time of such application, is in violation of any other local law or ordinance of the Town of Wappinger or the County of Dutchess.
The fee for the license is set forth in Chapter 122, Article IV, § 122-16H(1) of the Code, which sum covers not only the cost of issuing the license itself but also the cost of making the initial inspection of the premises to ascertain compliance with the regulations hereinafter prescribed. Any subsequent inspection resulting from failure to comply shall cost an amount as set forth in Chapter 122, Article IV, § 122-16H(2) of the Code. If noncompliance with this article shall exist 30 days after such initial inspection, the application theretofor made shall be deemed to be null and void and the applicant shall then cease and desist from all types and manner of junkyard operation.
[Amended 3-8-2004 by L.L. No. 4-2004]
Such license shall be placed and at all times displayed in a conspicuous place at the license's place of activity or business for which it is issued.
Such license shall be effective from the date of its issuance until the 31st day of December of the year of such issuance after which a new application for license must be made yearly if licensee desires to continue such activity or business.
Such license is personal with licensee. It does not go with the title of the land nor may it be sold, assigned, transferred or disposed of. The granting of a license to a successor in interest or a transferee shall not be arbitrarily withheld.
Such license may be revoked by the Town Board after a public hearing thereon at which time the licensee shall have an opportunity to be heard. Upon revocation of a license the Town Board may require the removal of autos, parts and materials left as above provided in the case of an applicant for a temporary license who fails to qualify for a license.
The licensee shall conduct such activity or business in a manner to minimize the fire hazard and to prevent improper trespass thereon by children and others.
All materials dealt in by the licensee shall be kept within the premises and if such an area abuts a residential or commercial area or a public street or highway, the licensee shall erect a six-foot fence or hedge or other barrier, not in itself inherently dangerous, adequate to prohibit the unauthorized entrance of children or others into the area of the activity or business. All junkyard materials, equipment and structures shall be kept and maintained at least 100 feet from any residential boundary lines of adjacent and contiguous properties, except that crushing operations and equipment shall be located no closer than 400 feet from any such residential boundaries.
The licensee shall provide sufficient fire lanes throughout the premises maintained to adequately permit entrance of a fire truck, and all materials must be kept at least 10 feet from the boundary lines of the premises where the same abuts a public street.
The auto parts and materials dealt in by the licensee shall be disassembled or dismantled in a safe manner and shall be piled or arranged in neat rows so as to permit easy, clear passage throughout the area. There shall be no stacking of vehicles except for the absolute minimum required for crushing operations.
There shall be maintained at each such place of activity or business for which a license is issued at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area in active use. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
The licensee shall keep the premises properly supervised and when not so supervised shall take adequate precautions to prevent the entry of children or others into the area.
The area of the licensee's activity or business shall not be used as a garbage area or as a place for the burning and disposal of garbage.
This chapter will be enforced by any police agency having jurisdiction within the Town, the Town Constable, the Town Clerk, the Town Board, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector and the Deputy Fire Inspector, who shall also be granted access to the area of activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith.
[Amended 8-18-2003 by L.L. No. 10-2003]
The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of this article shall be deemed to have committed an offense against such article and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation, after a ten-day notification duly served on the owner thereof.
For every violation of any provision of this article or any rule or regulation made pursuant thereto, the person, entity, corporation or partnership violating the same shall be guilty of a violation and shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
[Amended 9-13-1999 by L.L. No. 6-1999]
Any person violating this article shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue.
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 such article.
As used in this article, the following words shall have the meanings indicated:
- The same definition and meaning as that set forth in the General Municipal Law, § 136, Subdivision 2.
The hours of operation of any junkyard within the Town of Wappinger shall be limited to those hours commencing at 7:00 a.m. and ending at 7:00 p.m.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004 by L.L. No. 5-2004]
Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20S of the Code or imprisonment for not more than 15 days, or both. In addition thereto, the Town Board, in its discretion, after due notice and opportunity for a hearing, may terminate any license previously issued to any junkyard licensee found guilty of three offenses within 18 months.