[HISTORY: Adopted by the Board of Trustees of Cuba Village 5-23-1977 as Ch. 56
of the 1977 Code. 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 Village 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 the citizens of the Village, 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 muscle
power, originally intended for use on public highways.
Cuba Village.
No person shall operate, establish or maintain a junkyard until
he/she has obtained a license to operate a junkyard business and has
obtained a certificate of approval for the location of such junkyard.
The application shall be accompanied by a certificate from the Zoning Board that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter 200, Zoning, and the application shall contain a description of the land to be included within the junkyard.
A.
Application for the license and the certificate of approved location
shall be made, in writing, to the Board of Trustees of the Village.
The application shall contain:
(1)
The name and address of the person who is to operate the junkyard.
(2)
A description of the land to be included in the junkyard.
(3)
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 the land.
(4)
Such other information as the Board of Trustees shall deem necessary
for proper consideration of the application.
A.
A hearing on the application shall be held within the Village not
less than two nor more than four weeks from the date of the receipt
of the application by the Board of Trustees. 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 Village, which publication shall be
not less than seven days before the date of the hearing.
B.
License requirements. At the time and place set for the hearing,
the Board of Trustees 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/her 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.
C.
Location requirements. At the time and place set for the hearing,
the Board of Trustees 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 the 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.
D.
Aesthetic consideration. At the hearing regarding location of the
junkyard, the Board of Trustees 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 Board of Trustees 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 and 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.
A.
After a hearing, the Board of Trustees 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
a hearing, provided that all provisions of this chapter are complied
with during the license period, that the junkyard does not become
a public nuisance under the common law and that the applicant is not
convicted of any type of larceny or the receiving of stolen goods.
The determination of the Board of Trustees may be reviewed under Article
78 of the Civil Practice Law and Rules.
B.
In the event that the application is not granted, the fee shall be
returned to the applicant. The Village, in addition to the license
fee, may assess the applicant with the cost 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 the same.
A.
Before use, a new junkyard shall be completely surrounded by a fence
at least eight feet in height which substantially screens the junkyard
premises from public view, with a suitable gate which shall be closed
and locked except during the working hours of such junkyard or when
the applicant or his/her agent shall be within. Such fence shall be
erected not nearer than 50 feet to 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 the same in the reasonable course of the
business. All wrecking or other work on such motor vehicles and parts
and all burning of the 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 Board of Trustees
upon granting the license; provided, however, that such natural barrier
conforms with the purposes of this chapter.
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Board of Trustees of the Village 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 Board of Trustees with the information which is required in an application, together with the license fee, and the Board of Trustees shall issue 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 requirements set forth in § 120-8.
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 continuation of an offense
shall constitute, for each day the offense is continued, a separate
and distinct violation.
