[HISTORY: Adopted by the Town Board of the
Town of Shandaken 8-13-70 as L.L.
No. 1-1970. Section 83-19A amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other 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
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 the 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 when not in conflict with
the express purposes of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A lot, land or structure or part thereof used primarily for
the storage and sale of wastepaper, rags, scrap metal or discarded
material and/or for the collecting, dismantling, storage, salvaging
of machinery and vehicles not in running condition and/or for the
sale of parts thereof. For the purpose of this chapter, "junkyard"
shall also mean any place of storage or deposit outside of a completely
enclosed building, 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 purpose of used
parts or waste materials from motor vehicles which, taken together,
equal in bulk two or more motor 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, originally intended for use on public highways. For the purpose
of this chapter, where the occupant of the property cannot show a
valid registration for some period during the preceding 12 months
for a vehicle in question, that fact may be admitted as prima facie
evidence that the vehicle is no longer intended for legal use on the
highway.
[Added 8-8-79 by L.L. No. 1-1979]
A motor vehicle repair shop which is registered
as such with the New York State Department of Motor Vehicles shall
be exempt from the requirements and application of this chapter, provided
that not more than 12 motor vehicles are located upon the premises
at any time, and further provided that the location of such vehicles
upon the premises is incidental to the operation of the premises as
a motor vehicle repair shop. This exemption shall not apply in any
instance where the primary use of the premises is the reclamation
or resale of motor vehicles, motor vehicle parts or materials reclaimed
therefrom.
It shall be unlawful for any person, firm or
corporation to establish, maintain, operate or conduct within the
Town of Shandaken any junkyard unless duly licensed to do so as hereinafter
provided and except in strict compliance with this chapter and all
other provisions of law applicable thereto.
A.
An application for license and the certificate of
approved location shall be made in triplicate to the Town Clerk upon
forms to be furnished by the Clerk. Should the town adopt a Zoning
Ordinance and have a Zoning Board, 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 such Zoning Ordinance.[1] The application shall contain a description of the land
to be included within the junkyard, the name and address of the owner
of the premises, the name and address of the applicant and the nature
and extent of his interest in the business for which a license is
desired and any other information required by the Town Board. Such
application shall be accompanied by an investigation fee of $25, which
shall cover the required investigation, and whether or not a license
is issued, such investigation fee shall be retained by the town. The
town, in addition to the investigation fee, may 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.
C.
The Town Clerk shall refer such application to the
Town Board, who, in turn, shall refer it to the Planning Board before
acting thereon. No license shall be issued without the approval of
the Town Board.
A hearing on the application shall be set by
the Town Board at its next regularly scheduled meeting after the application
is made, and the date of the hearing shall not be less than two weeks
nor more than five weeks from that 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
newspaper as designated by the town, 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
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, it shall
take into account the recommendations of the Planning Board and 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 section.
At the time and place set for the 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, 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 residential characteristics, 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, within
two weeks, give 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 July 1.
Approval shall be personal to the licensee and not assignable. License
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 Town Board may be reviewed under Article 78 of the Civil Practice
Law and Rules. Such license shall always be on display in the office
of the junkyard.
The annual license fee shall be $25, 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
with a fence at least eight feet in height with suitable 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 the premises. Such fence shall be erected no nearer
than 50 feet to a public highway nor 25 feet to the other property
lines. Materials covered by the chapter 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 and
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 and distance requirements of
this chapter may be reduced by the Town Board upon granting the license;
provided, however, that such natural barrier conforms to the purposes
of this chapter.
C.
The height of material stored within the fenced area
shall not be greater than one foot less than the height of the fence.
The fence is to be kept in good repair. There shall be no posting
or advertising signs on said fence other than advertising of the business
therein.
D.
Use of the junkyard for the dumping of garbage or
refuse shall not be permitted.
There shall be maintained in each junkyard at
least two fire extinguishers as approved by the Fire Underwriters
of the State of New York.
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Town Board 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 July 1, at which time such owner shall apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in § 83-12.
Notwithstanding any of the foregoing provisions of this chapter, no junkyard hereafter established shall be licensed to operate if such junkyard or any part thereof shall be within 1,000 feet of a church, school, hospital, public building or in an area which is deemed contrary to the purpose of § 83-9.
A.
Every junkyard shall be under the management of the
licensee, who must be of good reputation and character. There shall
be maintained in the office of the licensee a bound book containing
a record of the names of all persons from whom the licensee has purchased
any material, their home addresses, the time of the purchase and a
complete description of the material purchased and the price paid
for such material. Such records shall at all times be available for
inspection by a police officer, a member of the Town Board or the
Town Clerk.
B.
It shall be the duty of the licensee of any such junkyard:
(1)
To operate and maintain the junkyard in such a manner
as to prevent the creation of fire hazards of any kind.
(2)
To take such other measures as shall be deemed necessary
by the Town Board to preserve the health, comfort and safety of all
persons doing business at the junkyard and of the general public.
(3)
To prevent committing of any nuisance at the junkyard
and to report immediately to the proper authorities all acts of a
disorderly character created by any person at the junkyard, and to
that end to maintain proper policing thereof.
The Town Board of the Town of Shandaken shall
be the governing board and is hereby authorized to conduct the investigation
and hearings on any application for a license herein. The Supervisor
of the Town Board shall set the date, time and place of the hearings.
A.
The Town Board shall refer any violations of this
chapter to the proper law enforcement authorities for prosecution.
B.
An owner or licensee of any such junkyard who commits
any acts in violation of any of the provisions of this chapter shall
be liable for any such violation and for the penalty therefor. Each
day such violation shall continue or be permitted to exist shall constitute
a separate violation.
A.
Any person violating any of the provisions of this
chapter shall be guilty of an offense and, upon conviction, shall
be punishable by a fine of not more than $250 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment.[1]
B.
Where the owner of any property located in the town
is notified of a violation of the provisions of this chapter on his
property and the same is not corrected or removed within 30 days or
any extension thereof after written notification, said condition shall
be corrected by the town at the expense of said property owner and,
if not paid, shall be added to the taxes on said property.
