[HISTORY: Adopted by the Town Board of the
Town of Wappinger as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-11-1977; amended in its entirety 6-18-1984]
By the adoption of this article, the Town Board
of the Town of Wappinger declares its intent in so doing to be to
regulate, control and license the activities of 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 Town Board hereby declares that such activities or businesses
can constitute a hazard to property and persons and a public nuisance.
Such materials may be highly inflammable and sometimes explosive.
Gasoline tanks on old automobiles often contain in some quantity combustible
gasoline; the engine and other parts of such automobiles are frequently
covered with grease and oil which is also inflammable. The tires,
plastic seats, tops and other elements of such autos are also inflammable.
Batteries and other elements of such autos can contain acids and other
matter potentially harmful to humans. These autos frequently contain
sharp metal or glass edges or points upon which a human could receive
serious cuts and abrasions. These autos can constitute attractive
nuisances to children and certain adults. The presence of such junkyards
even in areas zoned for business or industry is unsightly and tends
to detract from value of surrounding land and property unless such
areas are properly maintained and operated.
As used in this article, the following terms
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 Town of Wappinger, 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, burning,
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 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 Town
Clerk, which shall contain the following information:
(1)
That the applicant is over 21 years of age, that he
is a citizen of the United States, 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.
(2)
A description of the exact type of business he intends
to conduct.
(3)
The nature of the materials he intends to handle.
(4)
The number of employees he intends to engage.
(5)
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.
B.
At the time of making the application, and at each
annual renewal application, the applicant shall submit to and file
with the Town Clerk 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 and the location of any water,
sewer or gas mains or laterals available thereto as well as the general
drainage pattern of 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 after due notification and hearing set forth in § 153-5 hereof.
D.
A person presently engaged in or conducting an activity
or business such as described herein, on real property within the
Town of Wappinger, must apply for a license therefor within 30 days
of the adoption of this article.
E.
If the person conducting such activity or business
is not the sole owner thereof he shall state such fact at the time
he applies for his temporary license, and the Town Clerk at the time
of issuing such temporary license shall send the owners or each of
them a notice of the issuance of such temporary license to such person
together with a copy of this article.
F.
No license shall be issued or renewed to any person
who, at the time of such application, is in violation of any other
local law or ordinance of the Town of Wappinger or the County of Dutchess.
A.
The fee for the license is set forth in Chapter 122, Article IV, § 122-16H(1) of the Code, which sum covers not only the cost of issuing the license itself but also the cost of making the initial inspection of the premises to ascertain compliance with the regulations hereinafter prescribed. Any subsequent inspection resulting from failure to comply shall cost an amount as set forth in Chapter 122, Article IV, § 122-16H(2) of the Code. If noncompliance with this article shall exist 30 days after such initial inspection, the application theretofor made shall be deemed to be null and void and the applicant shall then cease and desist from all types and manner of junkyard operation.
[Amended 3-8-2004 by L.L. No. 4-2004]
B.
Such license shall be placed and at all times displayed
in a conspicuous place at the license's place of activity or business
for which it is issued.
C.
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 a new application for license must be made yearly if licensee
desires to continue such activity or business.
D.
Such license is personal with licensee. It does not
go with the title of the land nor may it be sold, assigned, transferred
or disposed of. The granting of a license to a successor in interest
or a transferee shall not be arbitrarily withheld.
E.
Such license may be revoked by the Town Board after
a public hearing thereon at which time the licensee shall have an
opportunity to be heard. Upon revocation of a license the Town 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 shall conduct such activity or business
in a manner to minimize the fire hazard and to prevent improper trespass
thereon by children and others.
B.
All materials dealt in by the licensee shall be kept within the premises
of the property. The junkyard shall be entirely surrounded by a solid
fence or a chain-link fence with privacy slats of at least eight feet
and no more than 12 feet in height. This fence shall be maintained
in good condition and shall be supplemented by coniferous screening
which is six feet to eight feet high at the time of planting. Both
the fence and the conifers shall be approved by the Planning Board
as adequate to provide appropriate screening for the adjoining property.
All junkyard materials, equipment and structures shall be kept and
maintained at least 100 feet from any residential boundary lines of
adjacent and contiguous properties, except that crushing operations
and equipment shall be located no closer than 400 feet from any such
residential boundaries.
[Amended 4-23-2018 by L.L. No.
3-2018]
C.
The licensee shall provide sufficient fire lanes throughout
the premises maintained to adequately permit entrance of a fire truck,
and all materials must be kept at least 10 feet from the boundary
lines of the premises where the same abuts a public street.
D.
The auto parts and materials dealt in by the licensee
shall be disassembled or dismantled in a safe manner and shall be
piled or arranged in neat rows so as to permit easy, clear passage
throughout the area. There shall be no stacking of vehicles except
for the absolute minimum required for crushing operations.
E.
There shall be maintained at each such place of activity
or business for which a license is issued at least one fire extinguisher
of approved design and capacity for each 40,000 square feet of area
in active use. Each such fire extinguisher shall be hung or mounted
in a conspicuous place, clearly marked and available.
F.
The licensee shall keep the premises properly supervised
and when not so supervised shall take adequate precautions to prevent
the entry of children or others into the area.
G.
The area of the licensee's activity or business shall
not be used as a garbage area or as a place for the burning and disposal
of garbage.
H.
This chapter will be enforced by any police agency
having jurisdiction within the Town, the Town Constable, the Town
Clerk, the Town Board, the Zoning Administrator, the Deputy Zoning
Administrator, the Building Inspector, the Deputy Building Inspector,
the Fire Inspector and the Deputy Fire Inspector, who shall also be
granted access to the area of activity or business of the licensee
at all reasonable hours to inspect the same for compliance herewith.
[Amended 8-18-2003 by L.L. No. 10-2003]
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 article shall be deemed to have committed an offense against
such article 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, after a ten-day notification
duly served on the owner thereof.
B.
For every violation of any provision of this article
or any rule or regulation made pursuant thereto, the person, entity,
corporation or partnership violating the same shall be guilty of a
violation and shall be punishable by a fine of not more than $250
or imprisonment for not more than 15 days, or both.
[Amended 9-13-1999 by L.L. No. 6-1999]
C.
Any person violating this article shall be subject
to a civil penalty enforceable and collectible by the Town in the
amount of $100 for each such offense. Such penalty shall be collectible
by and in the name of the Town for each day that such violation shall
continue.
D.
In addition to the above provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of such article.
[Adopted 5-14-1979]
As used in this article, the following words
shall have the meanings indicated:
The same definition and meaning as that set forth in the
General Municipal Law, § 136, Subdivision 2.
The hours of operation of any junkyard within
the Town of Wappinger shall be limited to those hours commencing at
7:00 a.m. and ending at 7:00 p.m.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004 by L.L. No.
5-2004]
Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20S of the Code or imprisonment for not more than 15 days, or both. In addition thereto, the Town Board, in its discretion, after due notice and opportunity for a hearing, may terminate any license previously issued to any junkyard licensee found guilty of three offenses within 18 months.
