[HISTORY: Adopted by the Board of Trustees of the Village of West
Carthage as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-20-1929]
No person, firm, corporation or association of persons shall, after
this article takes effect, engage in the business or occupation of buying,
selling, collecting or storing within the corporate limits of the Village
of West Carthage any commodity known or commonly called or classed as "junk"
without first having obtained a license to so engage in and conduct and carry
on the business of a junk dealer in said Village as hereinafter provided.
No license to engage in the business or occupation of a junk dealer
shall be issued for a shorter period than one year, and no such license thus
issued shall extend for a longer period than one year, but such license may
be renewed annually for a like period of one year by an endorsement thereon
and the payment of the annual fee therefor as hereinafter provided.
The annual fee for a license to engage in the business or occupation
of a junk dealer within the corporate limits of West Carthage shall be the
sum of $5 and shall be paid at the time such license shall be issued or any
renewal thereof shall be granted.
All licenses or renewals thereof to any persons, firms, corporations
or associations of persons to engage in business as junk dealers within the
corporate limits of the Village of West Carthage shall be issued by the Mayor
of said Village upon an application therefor filed with the Clerk of said
Village, showing that the annual fee for the same has been deposited with
the Clerk of said Village. The Mayor, however, may grant or refuse to issue
such license in his discretion.
No license shall be issued to any person, firm, corporation or association
of persons to engage in business as a junk dealer within the Village of West
Carthage except in compliance by such licensee with the restrictions and requirements
contained in this article, and upon the violation of any of the restrictions,
limitations or requirements of this article, such license to so engage in
the business of dealing in junk in the Village of West Carthage shall be revoked
by the Mayor of said Village by giving written notice to the licensee of such
revocation of such license.
A.
No person, firm, corporation or association of persons
engaged in the business of a junk dealer, whether operating under a license
granted under the provisions of this article or without any license to engage
in the business or occupation of a junk dealer, shall buy, collect, pile,
store or place upon any lot, land or open space of said Village of West Carthage
any commodity known and classed as "junk," and such junk may only be piled,
stored or kept in said Village within a building or buildings, unless the
same be entirely screened from view by a tight board fence entirely surrounding
said commodity known as "junk" or entirely screening the same from view from
any street, highway, lot or premises located within said Village of West Carthage.
[Amended 1-26-1976 by L.L. No. 3-1976]
Any person committing an offense against the provisions of this article
shall, upon conviction thereof, be punishable for each offense by a fine not
to exceed $250 or by imprisonment for not more than 15 days, or both.
[Adopted 8-13-1985 by L.L. No. 2-1985]
This article shall be known as the "Village of West Carthage Junk Law."
The Village of West Carthage declares that abandoned junk, discarded
or unregistered motor vehicles and the storage or keeping of junk is detrimental
to the safety, health and public welfare. It constitutes an attractive nuisance
to children and adults and is a peril to their safety. It is a vexation and
it depreciates the value of neighboring property. It is a fire hazard and
a source of fire and explosions. It is a hazard to property and persons and
a public nuisance. It is hereby declared that the adoption of this article
has for its purpose the Village's intent to regulate and control the storage
or keeping of junk within the Village limits.
As used in this article, the following terms shall have the meanings
indicated:
The outdoor storage or deposit of any of the following shall constitute
"junk."
Two or more unregistered, old or secondhand motor vehicles, no longer
intended and/or in condition for legal use on the public highway, whether
or not such vehicles are held for the purpose of resale. Such terms shall
include waste material from motor vehicles which, taken together, equal in
bulk two or more such vehicles.
One or more abandoned mobile homes or recreational vehicles.
One or more inoperable appliances, including but not limited to washers,
dryers, dishwashers, stoves, refrigerators, freezers and televisions.
Any combination of the above that totals two or more items.
Any unsightly object, including but not limited to refuse, rubbish,
rags or discarded household items and furniture, lumber or debris.
It shall be unlawful for any person, firm, partnership or corporation,
or any other association of persons, either as owner, occupant, lessee, agent,
tenant or otherwise, to deposit or cause or permit to be deposited any junk
on any lot or land or under a structure on such lot or land such that said
junk may be seen by the general public.
A.
Access to property. The Village Building Inspector or
the Village Board of Trustees or any of its authorized representatives shall
be granted access to inspect property at all reasonable hours to inspect the
same for purposes of compliance with this article.
B.
Enforcement officer. The Village Building Inspector shall
have all the necessary authority to enforce this section of this article.
Any owner, lessee, agent, tenant, person, partnership, firm, corporation,
association or other legal entity who shall neglect or refuse to remove junk
or who shall fail or refuse to comply with the provisions of this article
or with any notice served by mail or otherwise under the provisions of this
article or who shall resist or object to authorized efforts, servants, officers
or members of the Village of West Carthage in the removal of any junk or in
the enforcement of this article shall be guilty of an offense and shall be
subject to a penalty not exceeding $250 for each and every violation. Each
such person or entity shall be deemed guilty of separate offenses for each
week or each part of a week in which they, he or it is in violation, disobedience,
omission, neglect or refusal to comply with this article. In addition thereto,
a violation of this article constitutes disorderly conduct, and a person violating
the same shall be deemed a disorderly person.
In addition to the above-provided penalties, the Village Board of Trustees
may also maintain an action or proceedings in the name of the Village in a
court of competent jurisdiction for the violation of this article.
