[HISTORY: Adopted by the City Council of the City of Newburgh 1-11-1971. 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 City 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 citizens of the City 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 section.
As used in this chapter, the following terms shall have the
meanings indicated:
Consists of scrap iron, scrap tin, scrap brass, scrap copper,
scrap lead or scrap zinc and all other scrap materials and their alloys,
old or secondhand motor vehicles, bones, rags, used cloth, used rubber,
used rope, used tinfoil, old or used machinery, used tools and appliances,
used fixtures, used lumber, used boxes or crates, used pipe or pipe
fittings, used tires 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.
Consist of buildings, structures or premises where the above-named
materials are bought, sold, exchanged, stored, baled, packed, disassembled
or handled. It shall also include any place of storage or deposit,
whether in connection with another business or not, where 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, and includes any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal a complete vehicle; 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 originally intended for use on public highways.
The City of Newburgh.
[Amended 6-13-1988 by L.L. No. 4-1988]
No person shall operate, establish or maintain a junkyard until
he has obtained a license to operate a junkyard business and has obtained
a certificate of approval for the location of such junkyard.
[Amended 6-13-1988 by L.L. No. 4-1988]
Application for the license and the certificate of approved
location shall be made in writing to the Council of the City, and
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
prohibition of the Zoning Ordinance.[1] The application shall contain a description of the land
to be included within the junkyard.
A hearing on the application shall be held within the municipality
not less than two nor more than four weeks from the date of the receipt
of the application by the legislative body. 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 a newspaper
having a circulation within the municipality, which publication shall
be not less than seven days before the date of the hearing.
At the time and place set for the hearing, the Council of the
City 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 conviction 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 Council of the City
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 Council
of the City 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 Council of
the City 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 Council of the City shall, within two weeks,
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 April 1. Approval shall
be personal to the applicant and not assignable. Licenses 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 Council of the City may be reviewed under Article 78 of the
Civil Practice Law and Rules.
[Amended 6-13-1988 by L.L. No. 4-1988]
The annual license fee shall be as set forth in Chapter 163, Fees, of this Code, to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant.
A.
Before use, a new junkyard shall be completely surrounded by a fence
at least eight feet in height which substantially screens it and which
has 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
to a public highway. All junk 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 junk motor vehicles and parts 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 reduced by the legislative body, upon granting
the license; provided, however, that such natural barrier conforms
to the purposes of this chapter.
[Amended 6-13-1988 by L.L. No. 4-1988]
This chapter shall not be construed to affect or supersede zoning
ordinances or any other ordinance for the control of junkyards now
in effect or hereafter enacted in the City within the proper exercise
of the police power of the City.
[Amended 10-28-1974]
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Council of the City 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 the Council of the City the information as to location which is required in an application, together with the license fee, and Council of the City shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing and height limitation of a twenty-foot-high stacking of junk cars, metals and any other materials defined under § 198-2, and, also, a six-foot side yard requirement shall be observed at all times to ensure safety of surrounding properties.
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.
[Amended 6-13-1988 by L.L. No. 4-1988; 9-28-1998 by Ord. No. 12-98]
A.
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
B.
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects. Each
day that prohibited conditions exist shall constitute a separate offense.
C.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
