[HISTORY: Adopted by the Town Board of the Town of Saratoga 2-14-1967 by Ord. No. 1. Amendments noted where applicable.]
Zoning — See Ch. 400.
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 of Saratoga and the general welfare of its residents. It is further declared that the unrestrained accumulation of junk motor vehicles is a hazard to such health, safety and welfare of the residents of the Town of Saratoga 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, taken together, equal in bulk to 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.
- MOTOR VEHICLE
- All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
No person shall operate, establish or maintain a junkyard until he has obtained a license to operate a junkyard business.
Editor's Note: Former Sections 4, Application for license; 5, Hearing; 6, License requirements; and 7, Grant or denial of application, appeal, which immediately followed this section, were repealed 6-8-1982.
Licenses for existing junkyards in the Town of Saratoga shall be renewed upon the payment of the annual license fee without hearing, provided all provisions of this chapter are complied with during the license period, the junkyard does not become a public nuisance under common law and the occupant is not convicted of any type of larceny or receiving of stolen goods. The annual license fee for renewal shall be $100.
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 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 for 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.
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 with the purposes of this chapter.
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 the Town Board the information as to location which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until the next April 1, at which time the 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 § 272-5 of this chapter.
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 who shall violate, cause to be violated, or assist in the violation of any of the provisions of this chapter shall be subject to conviction by a proper court. He shall also be subject to a fine not exceeding $250, or imprisonment for a period not exceeding 15 days, or both such fine and imprisonment for each and every violation. The issuance of a notice of violation shall signify the existence of a single violation, and every day the violation exists beyond the date of compliance, or extension thereof, shall constitute a separate additional violation.
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 this chapter.