[HISTORY: Adopted by the Town Board of the Town of Olive at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion, and in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the town and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk motor vehicles and other junk is a hazard to such health, safety and welfare of the citizens of the town, necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of junkyards is a useful and necessary business, as regulated herein.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- An area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used and discarded materials, including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of three or more wrecked or broken vehicles, or the major parts of more than two such vehicles, shall be deemed to make the lot a junkyard.
- MOTOR VEHICLE
- All vehicles propelled or drawn by power other than muscular power.
For the purpose of this chapter, where the occupant of the property cannot show a valid registration for any period during the preceding 12 months for a vehicle in question, that fact may be admitted as prima facie evidence that the vehicle is no longer intended for legal use on the highway.
No person shall operate, establish or maintain a junkyard until he has:
An application for license and the certificate of approved location shall be made in triplicate to the Town Clerk, upon forms to be furnished by the Clerk. The application shall be accompanied by a certificate from the Zoning Board of Appeals that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of such zoning. The application shall contain a description of the land to be included within the junkyard, the name and address of the owner of the premises, the name and address of the applicant and the nature and extent of his interest in the business for which a license is desired and any other information required by the Town Board.
Such application shall be accompanied by an investigation fee to be determined by the Town Clerk, which shall cover the required investigation; and whether or not a license is issued, such investigation fee shall be retained by the town. The town, in addition to the investigation fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the license conditional upon payment of same.
The Town Clerk shall refer such application to the Town Board prior to its next regularly scheduled meeting. No license shall be issued without the approval of the Town Board and payment of the license fee.
A hearing on the application shall be set by the Town Board at their next regular Town Board meeting after the application was made. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in the official newspaper as designated by the town, which publication shall be not less than seven days before the date of the hearing.
At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard, to any record of convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this chapter.
At the time and place set for the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junkyard. In passing upon same, it shall take into account, after proof of legal ownership or right to such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering; and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke, or of other causes.
At the hearing regarding location of the junkyard, the Town Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Town Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.
After hearing, the Town Board shall make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued, to remain in effect until the following December 31. Approval shall be personal to the applicant and not assignable. The license shall be renewed thereafter upon payment of the annual license fee without hearing, provided that all provisions of this chapter are complied with during the license period, the junkyard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules. Such license shall always be on display in the office of the junkyard.
The annual license fee shall be five hundred dollars and subject to change by Town Board resolution, to be paid at the time when the application is made and annually thereafter in the event of renewal.
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height, which substantially screens, and with a suitable gate which shall be closed and locked, except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected no nearer than 50 feet to a public highway and 25 feet from the other property lines. Materials stored or deposited by the applicant shall be kept within the enclosure of the junkyard, except as removal shall be necessary for the transportation of same in the reasonable course of the business. All dismantling or other work shall be done within the enclosure.
Where the topography, natural growth of timber or other considerations accomplish the purposes of this chapter in whole or in part, the fencing requirements hereunder may be reduced by the Town Board upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.
The height of material stored within the fenced area shall not be greater than one foot less than the height of the fence.
Use of the junkyard for the dumping of garbage or refuse shall not be permitted.
There shall be maintained in each junkyard at least two approved fire extinguishers.
For the purposes of this section, the location of junkyards already established shall be considered approved by the Town Board and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this section, however, the owner shall furnish the Town Board the information as to location which is required in an application, and the Town Board shall issue him a license valid until the next December 31, at which time such owner may apply for renewal as herein provided.
Notwithstanding any of the foregoing provisions of this chapter, no junkyard, hereafter established, shall be licensed to operate if such junkyard or any part thereof shall be within 500 feet of a church, school, hospital, public building or place of public assembly.
Every junkyard shall be under the management of the licensee, who must be of good reputation and character and who shall manage such junkyard from an office located on the premises.
It shall be the duty of the licensee of any such junkyard to:
Operate and maintain the junkyard in such a manner as to prevent the creation of fire hazards of any kind.
Take such other measures as shall be deemed necessary by the Town Board to preserve the health, comfort and safety of all persons doing business at the junkyard and of the general public.
Prevent committing of any nuisance at the junkyard and to report immediately to the proper authorities all acts of a disorderly character created by any person at the junkyard and to that end to maintain proper policing thereof.
The Town Board of the Town of Olive shall be the governing board and is hereby authorized to conduct the investigation and hearings on any application for a license herein. The Town Board shall set the date, time and place of the hearings.
The Town Board shall refer any violations of this chapter to the proper law enforcement authorities for prosecution.
The owner or licensee of any such junkyard who commits any acts in violation of any of the provisions of this chapter shall be liable for any such violation and for the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
Any person violating any of the provisions of this chapter shall be guilty of an offense and, upon conviction, shall be punishable as follows:
First offense: a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.
Second offense: $500 or imprisonment for not more than 30 days, or both such fine and imprisonment.
Third offense: said condition shall be corrected by the town at the expense of the property owner and, if not paid, shall be added to the taxes on said property. The work shall be done by a person selected by the Town Board.