[HISTORY: Adopted by the Board of Trustees of the Village
of Corinth 7-17-1967 as § 48 of Art. V of the Village Ordinances (Ch. 87 of
the 1983 Code). Amendments noted where applicable.]
By the adoption of this chapter the Village Board of the Village
of Corinth declares its intent in so doing to be to regulate, control
and license the activities or 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 Village
Board hereby declares that such activities or businesses can constitute
a hazard to property and persons and a public nuisance.
As used in this chapter, the following terms shall 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 Village of Corinth, 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, 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 other 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.
A.
Each applicant for a license hereunder shall execute under oath an
application therefor to be supplied to him by the Village Clerk-Treasurer,
which shall contain the following information: that the applicant
is 18 years or more of age; that he is a citizen of the United States;
whether he has ever been convicted of a felony or misdemeanor 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; and 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.
[Amended 2-23-1983 by L.L. No. 1-1983]
B.
At the time of making the application the applicant shall submit
to and file with the Village Clerk-Treasurer 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.
C.
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 forthwith.
D.
A person presently engaged in or conducting an activity or business
such as described herein on real property within the Village of Corinth
must apply for a license therefor within 30 days of the adoption of
this chapter. If the place where he conducts such activity or business
presently complies with the requirements a person must meet to secure
a license in the first instance, he shall be issued a license therefor
if he meets the other requirements contained herein. If the place
where he conducts such activity or business does not presently comply
with the requirements a person must meet to secure a license in the
first instance, he may be granted a temporary license for one year,
during which year he must arrange the place where he conducts such
activity or business so that it does then comply with the requirements
a person must meet to secure a license in the first instance. If at
the end of such year such person has not so arranged his place of
such activity or business, he shall forthwith cease and desist engaging
in or conducting the same and shall remove from such place any autos,
parts or other materials of the nature described herein.
A.
The fee for the license shall be fixed from time to time by the Village
Board and 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 regulations hereinafter prescribed.[1]
B.
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
new applications for license must be made yearly if the licensee desires
to continue such activity or business.
C.
Such license is personal with the licensee. It does not go with the
title of the land nor may it be sold, assigned, transferred or disposed
of.
D.
Such license may be revoked by the Village Board after a public hearing
thereon at which the licensee shall have an opportunity to be heard.
Upon revocation of a license, the Village 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.
A.
The licensee must personally manage or be responsible for the management
of the activity or business for which the license is granted.
B.
The licensee must maintain an office on the premises to assure the
proper and safe conduct of such activity or business to minimize the
fire hazard therefrom and to prevent improper trespass thereon by
children and others.
C.
The licensee must erect and maintain on all highway and alleyway
sides of the premises, and all sides of the premises abutting a residential
area, a six-foot wire fence of close mesh or one made of wood or of
other material, or must plant hedges or trees in close proximity so
that the same shall be adequate to screen said premises, and shall
contain behind such fence the materials dealt in by the licensee,
and such fence shall be a minimum of 25 feet from the boundary of
such highway or alleyway and a minimum of 10 feet from residential
areas. Where such premises abuts only a highway or alleyway, the fence
shall be carried back along the ends of the premises a distance of
at least 25 feet. All materials dealt in by the licensee shall be
kept behind such fence at all times.
D.
The autos, parts and materials dealt in by the licensee shall be
disassembled or dismantled by usual and ordinary means, other than
by fires and other methods causing disturbing noises. They shall be
piled or arranged in neat rows so as to permit easy, clear passage
through the area.
E.
The area of the licensee's activity or business and any adjoining
areas owned or leased by licensee shall not be used as a dump area
nor as a place for disposal of junk or trash.
A.
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 chapter
shall be deemed to have committed an offense against such chapter
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.
B.
Any person committing an offense against the provisions of this chapter
shall be guilty of a violation under the Penal Law and, upon conviction
thereof, shall be punishable for each offense by a fine of not more
than $250 or by imprisonment for not more than 15 days, or both.
[Amended 2-23-1983 by L.L. No. 1-1983]
C.
Conviction for any above-mentioned violation shall constitute and
effect an immediate forfeiture of the license.
D.
In addition to the above-provided penalties and punishment, the Village
Board may also maintain an action or proceeding in the name of the
Village in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of such chapter.
