[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 10-16-1978 as L.L. No. 3-1978. Sections 66-10B and
66-12 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
The Village Board of the Village of Sylvan Beach, in order to promote
the general health, safety and welfare of its inhabitants and to safeguard
their material rights against unwarrantable invasion and in the exercise of
its police powers to promote the same, after due consideration and hearing
all opposed and in favor, does hereby find that the general health, welfare
and interest of the public will be protected and promoted by the adoption
of this chapter.
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 state and 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 state, 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:
Shall have its normal meaning within the law.
Includes:
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, the purpose
of reclaiming for use some or all of the materials therein, whether metal,
glass, plastic or otherwise, for the purpose of disposing of the same or for
any other purpose;
Any place of storage or deposit for any such purposes of used parts
in waste material from motor vehicles which, taken together, equal in bulk
two or more such vehicles;
Where any two vehicles are abandoned, discarded or dumped; or
Where any other discarded or abandoned machines, machinery, casting,
scrap iron or waste metal shall be stored, maintained for sale, abandoned,
discarded or dumped.
Includes any individual, society, club, firm, partnership, corporation
or any other association of persons, and the plurals of the same.
Denotes the status of a motor vehicle when an appropriate and valid
registration of any state or other entity granting registrations recognized
by the State of New York is not in effect for the vehicle. Failure to bear
an appropriate license plate and registration sticker or other lawful proof
of registration shall give rise to a presumption that the vehicle is "unregistered."
A.
No person shall operate, establish or maintain a junkyard
within the limits of the Village of Sylvan Beach until he has obtained a license
to operate a junkyard business and has obtained a certificate of approval
for the location of such junkyard.
B.
The provisions of this section shall not apply to the
storage of equipment used in the regular course of business.
C.
Nothing herein contained shall be deemed to prevent a
dealer in new and/or used motor vehicles from maintaining a used car lot for
storing, maintaining and offering for sale used motor vehicles.
Application for the license and the certificate of approved location
shall be made, in writing, to the Village 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 or local law.[1] The application shall contain a description of the land to be
included within the junkyard.
A.
A public 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 Village Board. Notice of the public 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.
At the time and place set for the hearing, the Village
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 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.
C.
At the time and place set for the hearing, the Village
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 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 cause.
A.
After the hearing, the Village Board 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 May 31.
B.
Approval shall be personal to the applicant and not assignable.
C.
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, 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.
D.
The determination of the Village Board may be reviewed
under Article 78 of the Civil Practice Law and Rules.
A.
The annual license fee shall be $35 to be paid at the
time the application is made and annually thereafter in the event of renewal.
B.
In addition to the application fee of $35, the applicant
shall pay any costs of advertising such application and such other reasonable
costs incident to the hearing as are clearly attributable thereto.
A.
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 from 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
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 section, in whole or in part,
the fencing requirements hereunder may be reduced by the Village Board, upon
granting the license; provided, however, that such natural barrier conforms
to the purposes of this section.
A.
For the purposes of this chapter the location of junkyards
already established shall be considered approved by the Village Board and
the owner thereof deemed suitable for the issuance of a license.
B.
Within 60 days from the passage of this chapter, however, the owner shall furnish the Village Board the information as to the location which is required in an application, together with the license fee, and the Village Board shall issue him a license valid until the next May 31, 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 § 66-9.[1]
Notwithstanding any of the foregoing provisions of this chapter, no
junkyard hereafter established, or any part thereof, shall be licensed to
operate within 500 feet of a church, school, hospital, public building or
place of public assembly and no closer than 100 feet from any other property
line.
Any person violating any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $250 for each offense or imprisonment not exceeding 15
days, or both such fine and imprisonment. Each week's continued
violation of the provisions of this chapter shall constitute a separate offense.
The provisions of this chapter may be enforced by any duly authorized
peace officer and/or Codes Enforcement Officer and/or their duly authorized
assistants.
