[HISTORY: Adopted by the Town Board of the Town of Kingsbury as indicated in article histories. Amendments noted where applicable.]
Article I Regulation and Licensing
[Adopted 3-9-2009 by L.L. No. 2-2009 (Ch. 55, Art. I, of the 1983 Code)]
The Town Code of the Town of Kingsbury is hereby amended by adding thereto a new chapter, entitled "Junkyard Regulation and Licensing Law of the Town of Kingsbury."
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town of Kingsbury 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 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, as hereinafter defined, is a useful and necessary business and should be encouraged when not in conflict with the express purposes of this section, in compliance with the requirements of this article, and otherwise operated and maintained in a lawful manner.
The following definitions apply for purposes of this article, notwithstanding any other provision of the Code of the Town of Kingsbury:
- Any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
- CONTINGENCY PLAN
- A document describing organized, planned and technically coordinated and financially feasible courses of action to be followed in case of emergency or other special conditions. Such a document prepared in accordance with New York State Environmental Conservation Law §§ 27-2301 and 27-2303 shall be sufficient for purposes of this article.
- The accidental or intentional releasing, spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, burying, abandoning or otherwise disposing into the environment (including, without limitation, surface water or groundwater) of petroleum as defined in § 172 of the New York State Navigation Law or a hazardous substance as defined in § 27-1301(1) of the New York State Environmental Conservation Law (except as to petroleum), or 42 U.S.C. § 9601(14) (except as to petroleum).
- GOOD CONDITION
- No severe rusting, apparent structural defects or deteriorations and not leaking.
- Water below the land surface in a saturated zone of soil or rock. This includes perched water separated from the main body of groundwater by an unsaturated zone.
- Junk motor vehicles and junk appliances as defined in this article, as well as scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc, ferrous or nonferrous scrap, and all other scrap metals and their alloys, and bones, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, boxes or crates, used pipe or used pipe fittings, used tires, other discarded materials and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled or recycled.
- JUNK APPLIANCE
- Any household appliance, including but not limited to a stove, washing machine, dryer, dishwasher, freezer, refrigerator, air conditioner, water heater, computer, television, which is stored outside of any residence or enclosed structure for recycling or reclamation purposes.
- JUNK MOTOR VEHICLE
- Any motor vehicle, or used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more such vehicle(s), which is unlicensed or unregistered; or abandoned, wrecked, stored, discarded, dismantled or partly dismantled; or not in a condition for legal use upon the public highways. The fact that a motor vehicle does not display a current motor vehicle registration or license plate shall be presumptive evidence that such motor vehicle is not in a condition for legal use upon the highways.
- A. Any of the following:
- (1) Any place of storage or deposit, whether in connection with another business or not, where two or more junk motor vehicles are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose, and where such junk or junk motor vehicle is stored outside of any residence or enclosed structure.
- (2) Any place of storage or deposit for recycling or reclamation of any household appliance, including but not limited to a stove, washing machine, dryer, dishwasher, freezer, refrigerator, air conditioner, water heater, computer, television, which is stored outside of any residence or enclosed structure.
- (3) An establishment having facilities for processing iron, steel or ferrous or nonferrous scrap and whose principal product is scrap iron, steel or ferrous or nonferrous scrap for remelting purposes.
- (4) Any business required to be licensed as a junkyard pursuant to § 136 of the New York State General Municipal Law.
- (5) Any business required to be licensed as a junk dealer pursuant to Article 6 of the New York State General Business Law.
- (6) Any business required to be licensed as a scrap processor pursuant to Article 6-C of the New York State General Business Law.
- B. The following shall not be considered a junkyard and shall not be regulated under this article:
- (1) Storage and/or warehousing of used motor vehicle parts in a fully enclosed building(s) associated with a business engaged in selling the same for use in motor vehicles and temporary indoor storage of five or less inoperative motor vehicles only in conjunction with the same.
- (2) The outdoor storage or deposit of one unregistered, old or secondhand motor vehicle except as part of a legally licensed junkyard or legally licensed car sales business.
- LEAK-RESISTANT or LEAKPROOF
- Designed and maintained to prevent the escape of contained liquids or other materials when appropriately closed, regardless of container orientation (i.e., upright, tipped over).
- MERCURY-CONTAINING DEVICES
- Any device or material into which elemental mercury or mercury compounds are intentionally added during the manufacture of such devices and in which the continued presence of mercury is required to provide a specific characteristic, appearance or quality or to perform a specific function. Such items include but are not limited to convenience lighting switches, anti-lock brake assemblies and high-intensity discharge headlamps.
- Any individual, association, partnership, corporation, limited-liability company or other organization.
- SURFACE WATER
- Lakes, ponds, reservoirs, impoundments, streams, drainageways, springs, rivers, creeks, marshes and other wetlands, canals and all other bodies of water, natural or artificial.
No person shall operate, establish or maintain a junkyard, nor shall any landowner permit, allow, tolerate or consent to the operation, establishment or maintenance of a junkyard, without a license to operate such junkyard pursuant to this article.
Each person applying for a junkyard license shall submit to the Town Board an application, executed under oath and accompanied by the applicable fee (as established by the Town Board), which application shall be supplied by the Town of Kingsbury Town Clerk and contain the following information:
A map or map(s) of the site where the junkyard is proposed, including the following information:
Address and real property tax number;
Property lines, including the names of owners of adjoining properties;
Streams, lakes, wetlands, floodplains and other water bodies on the site and adjoining properties, including those available for fire protection purposes;
The topography of the site and any plans for grading the property to be shown at a contour interval of not more than five feet;
The location of all wells and sanitary facilities on the property or within 100 feet of the boundary of the property;
The location of any utilities, water, sewer or gas mains or laterals on the site and on adjoining properties;
The location of any below-ground or aboveground storage tanks on the site and on adjoining properties;
Drainage patterns on the site and on adjoining property;
Existing and proposed structures, including fences;
Roads and easements providing access to, on or through said property;
Proposed storage areas, indicating the type of material which will be stored in each area;
Existing and proposed accessways, aisles, parking and loading areas; and
Proposed scale location(s).
A narrative describing the business activities to be conducted and the nature of the materials involved in the intended business activity.
The name, residence, address and telephone number of each individual owner, partner or, if a corporation, limited-liability company or other organization, each officer, director or member thereof.
The name and address of the owner of the real property and the nature of the right under which the applicant possesses the property.
The trade name, address and telephone number of the business.
A statement as to the applicant's compliance history, including, without limitation, a statement as to whether the applicant has been convicted of, charged with or received any notice of violation regarding any crime, misdemeanor, violation or offense of any federal, state or local law, or any of the following: § 136 of the New York State General Municipal Law, Article 6 or 6-C of the New York State General Business Law, § 415-a of the New York State Vehicle and Traffic Law, any applicable provision of the New York State Environmental Conservation Law, or any regulations promulgated pursuant to said laws. The statement may include such other facts or evidence deemed necessary to establish the fitness and capability of the applicant to properly conduct the activity or business for which the license is sought.
Whether the applicant is required to and has obtained a valid junk dealer's license under Article 6 of the New York State General Business Law.
Whether the applicant is required to and has obtained a valid scrap processor's license under Article 6-C of the New York State General Business Law.
Whether the applicant is required to and has been registered with the New York State Department of Motor Vehicles and certified by the Commissioner of the same pursuant to New York State Vehicle and Traffic Law and 15 NYCRR Part 81.
As required by this article, proposed financial security for closure and environmental site assessment, and proposed environmental liability insurance for corrective measures in the event of a discharge.
Proposed contingency plan as required by this article in the event of a fire or discharge or unauthorized material being received at the junkyard.
A statement indicating that the applicant has purchased approved motor vehicle refrigerant recycling equipment or refrigerant recapturing equipment in accordance with New York State Environmental Conservation Law § 38-0107.
Any other information relating to the proposed junkyard that may be requested by the Town Board.
The applicant shall submit an environmental assessment form pursuant to the State Environmental Quality Review Act (SEQRA). For unlisted actions, the applicant may submit a long-form or short-form EAF. For Type I actions, the applicant shall submit a long-form EAF. The application shall not be deemed complete until the Town Board has determined that it has received all the application materials required above and either issued a negative declaration or accepted a draft environmental impact statement (DEIS) as satisfactory with respect to scope, content and adequacy as required by SEQRA.
The applicant shall agree that if granted the junkyard license applied for, the applicant will conduct the activity or business pursuant to the regulations hereinafter set forth and any additional conditions which may be imposed upon such license, as provided, and that upon the applicant's failure to do so, such junkyard license may be revoked or subjected to enforcement actions pursuant to this article.
The applicant must obtain a certificate of zoning compliance prior to making its application to the Town Board. The Code Enforcement Officer shall review the applicant's proposed junkyard, including the map(s) and narrative required by this article, for compliance with the Zoning Code and, where in compliance with said Zoning Code, issue the applicant a certificate of zoning compliance stating that the proposed junkyard will comply in all respects with the requirements of the Zoning Code. The certificate of zoning compliance does not relieve the applicant of site plan review by the Planning Board as applicable under Article VIII of the Zoning Code.
The Town Board shall conduct a public hearing within 62 days from the date it determines the application is complete. Notice of the hearing shall be made in a newspaper in general circulation in the Town at least five days prior to the date of the hearing. Written notice of the hearing shall be provided to the applicant at least 10 days prior to the date of the hearing.
Within 62 days of the close of the public hearing, the Town Board shall render a decision on the application for a junkyard license based upon the ability of the applicant to meet the junkyard regulations, standards and requirements contained in this article and any other matter within the purposes of this article. The sixty-two-day period may be extended by mutual consent of the applicant and the Town Board. The Town Board shall have the authority to impose reasonable conditions and restrictions as are directly related to and incidental to the proposed junkyard license.
The Town Board shall make findings related to the standards, regulations and requirements, as well as the purposes set forth in this article, and shall enter such findings into the official minutes. The decision of the Town Board shall be considered filed in the office of the Town Clerk on the date it is rendered, and the applicant shall be notified of the decision and the reasons for such decision by mail within five business days of the decision of the Town Board. If denied, the Town Board shall include reasons for such denial.
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, the Town Board shall take into account the suitability of the applicant with reference to his ability to comply with the following licensing standards, the regulations and requirements of this article and other reasonable regulations concerning the proposed junkyard, as well as any other matter within the purposes of this article.
Ownership or control. The Town Board shall require the applicant to provide proof of legal ownership or the right to use of the property for a junkyard purpose during the license period.
Location. The Town Board shall take into account 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, smoke, noise, dust or other pollution. The Town Board shall also take into account the available site access to the proposed location, whether the transportation infrastructure is sufficient to provide ingress and egress to the proposed site, as well as accommodating for the increase in scope and intensity of the traffic. No license shall be issued without obtaining a certificate of zoning compliance as provided for in this article.
Aesthetic. The Town Board shall 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.
Compliance history. The Town Board may also consider the applicant's history of compliance with any federal, state or local law or any of the following: § 136 of the New York State General Municipal Law, Article 6 or 6-C of the New York State General Business Law, § 415-a of the New York State Vehicle and Traffic Law, any applicable provision of the New York State Environmental Conservation Law, or any regulations promulgated pursuant to said laws.
The junkyard shall be completely surrounded with a fence which completely screens the facility from view and with a suitable gate which shall be closed and locked at all times except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected at a distance not less than 25 feet from any lot line or any public road and not less than 50 feet from any lot line that adjoins property zoned for residential use. Where the topography, natural growth of timber or other considerations accomplish the purposes of this article, in whole or in part, the fencing requirements hereunder may be reduced, but not eliminated, by the Town Board upon granting the license; provided, however, that such natural barrier conforms to the purposes of this article.
For uncovered areas where junk is to be stored for more than 24 hours, a strip of land 25 feet in width shall be kept free of all dry grass, junk, plant growth or other combustible material so as to provide a fire break around the entire junk storage area. Where the design of the junkyard makes all or part of the required buffer strip unnecessary, such requirement may be reduced or eliminated by the Town Board upon granting the license; provided, however, that adequate emergency access is maintained at all times.
All motor vehicles, and parts thereof, and all junk as hereinabove defined, stored either permanently or temporarily by the applicant, shall be kept within the enclosure of the junkyard except for reasonable transportation of same.
No motor vehicles or other junk shall be piled to any height above one foot below the fence line, and not more than 20 feet high in the Ind-75 Industrial District or 12 feet in any other zoning district, and shall be stacked in a safe manner.
No more than 50 unprocessed cars are allowed on the premises and must be stored on a curbed concrete surface. However, the Town Board may allow more than 50 unprocessed cars in such number as it deems reasonable considering the proposed facility and its ability to prevent discharges of leaking or spilled fluids from such cars. The Town Board shall restrict the number of unprocessed cars allowed on the premises as a condition in the junkyard license.
The junkyard, together with all things therein, shall at all times be maintained in a sanitary and orderly condition and arranged in neat rows so as to permit emergency access as well as easy, clean passage and inspection of the premises.
No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
No garbage or other waste likely to give off a foul odor or attract vermin shall be kept on the premises, nor shall any refuse or garbage of any kind be kept on the premises unless such is junk as defined herein and is in use in the licensed business.
No material shall be burned or buried on the premises.
There shall be maintained at least one fire extinguisher of approved design and capacity for each 40,000 square feet of area. Such fire extinguisher shall be mounted or placed in a conspicuous place and clearly marked.
Suitable rest rooms and sanitary facilities shall be available for the employees of such business.
Sufficient off-street driveway, parking and loading areas shall be provided for the licensee's customers such that all traffic and/or parking will occur outside the roadway rights-of-way and the junkyard does not create a hazard on nearby roadways.
All fluid draining, removal and collection activities shall be conducted on a concrete surface or other surface that allows equivalent protections to surface water and groundwater. Such surfaces shall be cleaned daily, or more frequently when spillage has occurred, using absorbent materials that are collected and properly disposed of.
All fluids shall be completely drained, removed, collected and stored for appropriate use, treatment or disposal.
Junk motor vehicles arriving at the junkyard shall be inspected upon arrival for leaking fluids and unauthorized waste. Leaks should be remedied or contained to avoid discharges of fluids to the environment.
Prior to vehicle crushing or shredding, the following potential environmental contaminants shall be drained, removed, deployed, collected and/or stored, as appropriate and in accordance with best management practices:
Fluids including, but not limited to, engine oil, transmission fluid, trans-axle fluid, front- and rear-axle fluid, brake fluid, power steering fluid, coolant, and fuel;
Lead acid batteries;
Small PCB capacitors, mercury switches or other mercury-containing devices;
Refrigerants used in automobile air-conditioning systems;
Air bags are deployed or removed; and
Any other potential environmental contaminants required to be drained, removed, collected and/or stored as required by federal, state or local law.
Fluids that are stored shall be placed in closed containers. The containers shall be in good condition. The containers shall be clearly and legibly marked as to contents. Containers shall be stored on a bermed or curbed concrete surface or surface that allows equivalent protection to groundwater and surface water.
No drums, barrels, tanks or other vessels containing any kind of liquid shall be stored outdoors at any time.
Lead acid batteries shall not be stored on the ground. All lead acid batteries shall be covered by a tarp or other means in a manner that severely restricts water from coming into contact with the lead acid battery. Leaking batteries shall be stored in a leakproof container separately from intact lead acid batteries, and provisions shall be in place to absorb any leakage.
Small PCB capacitors, mercury switches and other mercury-containing devices shall be stored in an appropriate, labeled container for recycling or disposal.
No more than 1,000 waste tires off vehicles shall be stored at the facility at any one time unless all federal, state and/or local permits are obtained.
Fluids shall not be discharged on the ground or to surface water, groundwater or the environment.
Ensure the safe handling, processing and storage of any residues, including, but not limited to, any fluids left over after an automobile is crushed and parts have been extracted, in such a manner as to prevent off-site migration or runoff of pollutants.
Dust shall be effectively controlled so as not to constitute a nuisance or hazard to health, safety or property.
The junkyard shall be maintained so as to prevent or control on-site populations of vectors using techniques appropriate for protection of human health and the environment and which prevent the facility from being a vector-breeding area.
The junkyard shall have a contingency plan which includes a description of the actions to be taken by junkyard employees in the event of a fire, a discharge or unauthorized material being received at the junkyard.
The junkyard shall provide fluid retention records to the Town Board on a monthly basis and shall provide the Town Board with a copy of the junkyard's annual report to New York State DEC pursuant to New York State Environmental Conservation Law § 27-2303.
No junkyard shall be allowed to become a nuisance, nor shall any junkyard be operated in such a manner as to become injurious to the health, safety or welfare of the community or of any residents.
The Town Board may grant a waiver from the dimensional (nonphysical) requirements or regulations of this article and a variance from any nondimensional regulation or requirement. The Town may grant such a waiver or variance only if the following standards are met:
Waiver standard. In granting a waiver of a dimensional (nonphysical) requirement or regulations of this article, the Town Board must consider the benefit to the applicant if the waiver is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such waiver. In making such determination, the Town Board shall also consider: whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the waiver; whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a waiver; whether the requested waiver is substantial; whether the proposed waiver will have an adverse effect or impact on the physical or environmental conditions in the neighborhood; and whether the alleged difficulty was self-created, which consideration shall be relevant, but shall not necessarily preclude the granting of the waiver.
Variance standard. The Town Board may grant a variance from a nondimensional requirement or regulation of this article only upon determining that such action would be in keeping with the intent and spirit of this article and the best interests of the Town and that denying such request would result in unnecessary hardship to the applicant. In order to demonstrate unnecessary hardship, the applicant must demonstrate that: the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; that the alleged hardship relating to the property in question is unique and does not apply to other licensed or unlicensed junkyards in the Town; that the requested waiver or variance, if granted, will not produce an adverse impact on the physical or environmental conditions in the neighborhood of the junkyard or would not alter the essential character of such neighborhood; and that the alleged hardship has not been self-created.
Any waiver or variance authorized by the Town Board shall be made by resolution containing the grounds for granting such relief. The Town Board shall require such conditions as will, in its judgment, secure substantially the objectives of the regulation or requirement so waived or varied. Under no circumstances shall the Town Board vary the limitations contained in the prohibition section of this article.
No junkyard shall be licensed to operate within 500 feet of a church, school, hospital, nursing home, public park, public building or other place of public gathering, measured from the property line of such place.
The fee for a junkyard license shall be established from time to time by the Town Board, which sum shall cover not only the cost of issuing the license itself but also the cost of making the necessary inspections of the premises to ascertain compliance with the license conditions and restrictions and the regulations hereinafter prescribed.
Editor's Note: See Ch. 46, Fees.
A junkyard license shall be placed and at all times displayed in a conspicuous place upon the licensed premises.
A junkyard license shall be effective from April 1 until March 31 of the next succeeding year, or for the remaining portion thereof when such a license is issued after April 1. An application for such license must be made annually and submitted by March 1 each year that the applicant desires to conduct or continue the junkyard.
An applicant who has previously been issued a license under this article (not including temporary licenses) may apply for a renewal license by submitting:
An application accompanied by the required application fee.
A certificate of zoning compliance.
An affidavit by the licensee certifying compliance with all requirements of this article and any conditions of the existing license.
A short- or long-form EAF pursuant to SEQRA.
A revised estimate of costs for closure and environmental assessment based on current operations at the facility and as proposed during the term of the renewal license.
In considering such renewal application, the Town Board shall take into account the suitability of the applicant with reference to his ability to comply with the licensing standards, regulations and requirements of this article and other reasonable regulations concerning the junkyard, as well as any other matter within the purposes of this article.
A junkyard license is personal to the licensee. It will not attach to the title to the real property nor may it be sold, assigned, transferred or otherwise disposed of.
A junkyard license may be revoked by the Town Board for violating any provision of this article or any condition or restriction of the junkyard license according to the procedures in this article. Upon revocation of a license, the Town Board may require the termination of such activities upon the premises and removal of any junk or other materials of the nature described herein which would constitute a junkyard.
Financial security for closure.
Application: At the time of application, the applicant shall provide a detailed estimate, prepared by a licensed professional engineer, for closure and environmental site assessment of the property in the event the license is revoked, not renewed or the junkyard otherwise ceases to operate.
The estimate must detail, in current dollars, the cost of hiring a third party to:
This cost estimate for closure and environmental site assessment must be approved by the Town Board.
Form of financial security for closure and environmental site assessment. Before a junkyard license is issued, the applicant shall post with the Town a surety bond issued by a surety company (or other acceptable financial guarantee) satisfactory to the Town Board in an amount sufficient to cover estimated costs for closure and environmental site assessment should the junkyard license be revoked, not renewed or the junkyard otherwise ceases operations. The applicant shall maintain such bond (or other acceptable financial guarantee) satisfactory to the Town at all times during the license period until such facility has completed closure to the satisfaction of the Town Board and the environmental condition of the property has been assessed. Failure to maintain such bond (or other acceptable financial guarantee) in effect shall result in immediate revocation of the junkyard license.
Upon its consideration of an application for a renewal license as required under this article, the Town Board may review the sufficiency of the financial security for closure and environmental site assessment of the junkyard.
Financial security for environmental contamination. Before a junkyard license is issued, the applicant shall provide the Town Board with a certificate of pollution legal liability insurance, acceptable to the Town Board, by a financially responsible insurer, and such policy shall name the Town as an additional insured under the policy, but only to the extent that the Town has an insurable interest. Said policy shall include coverage for cleanup of on-site and off-site contamination from discharges at the junkyard or its operation or maintenance, including property damage and remediation costs, of at least $5,000,000 per occurrence and $5,000,000 in the aggregate for the term of the license period. Failure by the applicant to maintain such insurance coverage shall result in immediate revocation of the junkyard license.
The holder of a junkyard license shall furnish the Town Clerk proof of renewal of each insurance policy certificate and surety bond (or other acceptable financial guarantee) required by this article and not less than 60 days before the same would otherwise expire or terminate.
Any person or persons, jointly or severally aggrieved by any decision of the Town Board concerning such license application pursuant to this article, or any officer, department, board or bureau of the Town, may have the decision reviewed by the New York State Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules, provided the proceeding is commenced within 30 days after the filing of the decision in the office of the Town Clerk.
Licensed junkyards. Within 30 days of the effective date of this article, a person operating or maintaining a junkyard, as defined herein, and holding a valid license issued by the Town Board pursuant to New York State General Municipal Law § 136 (an "existing licensed junkyard") must apply for a junkyard license pursuant to this article. Such existing licensed junkyard which does not fully meet the regulations and requirements of this article may be granted a temporary junkyard license subject to the requirements contained in this section, which temporary junkyard license will be valid until the date upon which the existing license pursuant to New York State General Municipal Law would otherwise have expired or for six months, whichever period is longer. At the end of such temporary period, any such existing licensed junkyard must fully comply with all junkyard regulations and requirements contained in this article and obtain a junkyard license as provided in this article; otherwise, such existing licensed junkyard shall be terminated and the person operating any such junkyard shall immediately cease and desist from operating or conducting same and shall close such junkyard by removing from such place any junk or other materials of the nature described herein which would constitute a junkyard.
Except as otherwise provided in this section, all other persons operating and maintaining a junkyard without a valid license issued by the Town Board pursuant to New York State General Municipal Law § 136 must apply for a junkyard license within 30 days of the effective date of this article or otherwise shall immediately cease and desist from operating or conducting same and shall close such junkyard by removing from such place any junk or other materials of the nature described herein which would constitute a junkyard.
Temporary license standards. In determining whether to issue any temporary license(s) under this section, the Town Board shall take into account the suitability of the applicant with reference to his ability to comply with the licensing standards contained in § 174-9A through D, other reasonable regulations concerning such junkyard and any other matter within the purposes of this article, but the Town Board shall not consider compliance with the regulations and financial security sections of this article. The Town Board may, nonetheless, attach reasonable conditions to such temporary license as may be required to protect the public health, safety, welfare and environment of the Town.
Enforcement officer. This article may be enforced by the Code Enforcement Officer as designated enforcement officer. The Code Enforcement Officer shall have the authority to enforce the provisions of this article, the conditions and restrictions of a junkyard license and to inspect premises within the Town as necessary for said enforcement.
The Code Enforcement Officer shall make periodic inspections of the Town to ensure that all existing junkyards have licenses and that the requirements of this article are met. The enforcement officer shall inspect all junkyards licensed under this article at least once a year to determine whether such junkyards are being operated in accordance with the provisions of this article, the conditions and restrictions of such license, and other applicable provisions of law.
No person shall refuse entry to the Code Enforcement Officer or the authorized representative of the Code Enforcement Officer attempting to enter any premises for the purposes of inspection. Such entry shall be permitted not only to areas open to the public but also to all other areas.
Revocation of license. The Town Board may revoke a junkyard license upon reasonable cause should the applicant fail to comply with any provision of this article or any condition or restriction of a junkyard license. Before a junkyard license may be revoked, a public hearing shall be held by the Town Board at which it shall hear from the license holder(s) and all persons wishing to be heard on such matter. Notice of the hearing shall be made in the official newspaper at least five days prior to the date thereof. Written notice of such hearing may be served by personal service or through certified mail, return receipt requested, to the last known address of the property owner or junkyard operator if different than the property owner. Service of such notice shall be made 10 days before the scheduled hearing. When service is made by certified mail, return receipt requested, service shall be deemed complete upon delivery of the notice to the property owner or junkyard operator.
Operation of unlicensed junkyard and other violations. If the enforcement officer shall find that an alleged junkyard exists without the necessary license, or that a licensed junkyard is in violation of this article or the conditions and restrictions of its junkyard license, the enforcement officer is authorized to:
Issue a written notice to comply, which shall contain the following information: the name of the person to whom the notice shall be addressed; the location of the premises involved; a statement of the facts alleged to constitute an unlicensed junkyard or a violation of this article or the conditions and restrictions on a junkyard license; a demand that the alleged offender bring the premises into compliance with this article and/or its license, if any, within a specified number of days after service of the notice; a statement that failure to comply may result in prosecution; and a copy of the relevant provision(s) of law or condition(s) and restriction(s) alleged to be violated.
Issue an appearance ticket to any such person and cause such person to appear before the Town Justice.
Penalties and remedies.
Any person found to be in violation of the provisions of this article shall be deemed to have committed an offense against such law and shall be subject to a fine not to exceed $1,000 or imprisonment for a period not to exceed 30 days, or both. A penalty of $1,000 may be recovered by the Town in a civil action. Each day such condition shall continue shall constitute a separate offense.
The Town Board may enforce the requirements of this article utilizing all provisions of this section and may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this article or the conditions and restrictions of a junkyard license.
No remedy specified in this section shall be the exclusive remedy or penalty available to address any offense against this article, and each such remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, any other remedies or penalties specified in this section or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with or after the pursuit of any other remedy or penalty specified in this section or in any other applicable law.