[HISTORY: Adopted by the Town Board of the Town of Fishkill 7-6-1981 by L.L. No.
13-1981. Amendments noted where applicable.]
It shall be lawful for any person, firm or corporation, upon
obtaining a license therefor and complying with the rules and regulations
as provided in this chapter and in the provisions of Article 6, § 136,
of the General Municipal Law of the State of New York, to operate
an automobile junkyard.
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 is a hazard to such health, safety
and welfare of 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 ought to be encouraged when not in conflict
with the express purposes of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles no longer intended or in condition for legal use on
the public highways 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.
Such term shall include any place of storage or deposit, for any such
purposes, of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles; provided,
however, that the term "junkyard" shall not be construed to mean an
establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal produce is scrap iron, steel or nonferrous
scrap for sale for remelting purposes only.
All vehicles propelled or drawn by power other than muscular
power and originally intended for use on public highways.
No person, firm or corporation shall operate, establish or maintain
a junkyard until he has obtained:
Application for the license and the certificate of approved location shall be made in writing to the Town Board of the Town of Fishkill, which application shall set forth that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter 150, Zoning. The application shall contain a description of the land to be included within the junkyard.
A hearing on the application shall be held at the next regularly
scheduled meeting of the Town Board or, in the event that said meeting
should be less than two weeks from the application, then at the next
regularly scheduled meeting. 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 paper
of the Town of Fishkill, which publication shall not be 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, said Board 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 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, said Board 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 the hearing, the Town Board shall at the next regularly
scheduled meeting 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 forthwith be issued, to remain in effect until the following
January 1. Approval shall be personal to the applicant and not assignable.
Licenses shall be renewable 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 licensee
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.
The annual license fee shall be as provided for in Chapter 68, Fees. The amount of fees will be paid at the time the application is made and annually thereafter in the event of renewal. In the event the application is not granted, the fee shall be returned to the applicant. The Town Board, in addition to the license fee, shall 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.
A.
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 not nearer than 50 feet
from a public highway. All motor vehicles and parts thereof 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 wrecking or
other work on such motor vehicles and parts and all burning of same
within the vicinity of the junkyard shall be accomplished within the
enclosure.
B.
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.
This chapter shall not be construed to affect or supersede the provisions of Chapter 150, Zoning, or any other ordinances for the control of junkyards now in effect or hereafter enacted by the Town Board or other governing municipality within the Town of Fishkill or the Legislature of the State of New York, within the proper exercise of the police power of such Town Board.
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish to the governing body the information as to location which is required in an application, together with the license fee; and the governing body shall issue to him a license valid until the next January 1, at which time such owner may apply for renewal as herein provided. Such owner shall then show compliance with all other provisions of this chapter as deemed appropriate by the Town Board, including the fencing requirements set forth in § 96-12.
Notwithstanding any of the foregoing provisions of this chapter,
no junkyard hereafter established shall be licensed to operate if
such yard or any part thereof shall be within 500 feet of a church,
school, hospital, public building or place of public assembly.
Any person committing an offense against any provision of this
chapter shall, upon conviction, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuance of an offense
for each day (24 hours) shall be deemed a distinct and separate violation.
