[HISTORY: Adopted by the City Council of the City of Canandaigua 9-7-1995 by L.L. No. 3-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 527.
Junked vehicles — See Ch. 657.
Zoning — See Ch. 850.
The purpose of this chapter is to regulate, control and license those activities or businesses known as "vehicle dismantlers," "automobile graveyards," "junkyards" and "secondhand parts collection areas."
This chapter shall supersede the provisions of § 136 of the General Municipal Law.
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE JUNK
Junked, scrapped, ruined, dismantled or wrecked motor vehicles or parts therefrom, including batteries and tires.
JUNKED MOTOR VEHICLES
A. 
Any motor vehicle which is:
(1) 
Wrecked, without reasonable likelihood of repair;
(2) 
Discarded;
(3) 
Abandoned; or
(4) 
Partially dismantled, so as to be inoperable, without a reasonable likelihood of timely repair.
B. 
For purposes of this chapter, the following facts, if proven, shall constitute presumptive evidence that a motor vehicle is a junked motor vehicle:
(1) 
The vehicle is unregistered; and
(2) 
Such motor vehicle cannot move under its own power, and
(3) 
Such vehicle has not moved under its own power for a period in excess of three months.
C. 
The above presumption may be rebutted upon a showing that the vehicle is either 1) a bona fide antique or 2) a bona fide racing vehicle.
JUNKYARD
Any place for the outdoor storage or deposit of six or more junked motor vehicles, as defined in this chapter, whether for resale or sale of used parts therefrom or for use of some or all of the materials therein, whether metal, glass, fabric, or otherwise or for disposing of the same. "Junkyard" shall include any place of outdoor storage or deposit of used parts or waste materials from junked motor vehicles or automobile junk, derived from such junked motor vehicles, which, taken together, equals in volume at least 100 cubic feet; also any land or structure used for collection, storage, sale or disposal of automobile junk, or other discarded materials derived from junked motor vehicles.
MOTOR VEHICLE
Any automobile, truck, tractor, trailer, bus, motorcycle, recreational vehicle, or other powered vehicle, intended for travel on the public highways.
PERSON
An individual, association, partnership or corporation.
No person shall, within the City of Canandaigua, 1) operate any junkyard or 2) engage in or conduct, directly or indirectly, as agent, employee or otherwise, at wholesale or retail, any operation which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting, handling or arranging, for sale, resale, storage or disposal of junked motor vehicles as defined in this chapter, without first obtaining a junkyard license as hereinafter provided.
Junkyards established in the City of Canandaigua, as of the effective date of this chapter, shall conform to the requirements of this chapter within three years from the date of its enactment. Such junkyards shall be considered approved for the first of said three years after enactment, providing that the operator of such junkyard shall apply for a license within 60 days of the adoption of this chapter. During the second and third year after enactment of this chapter, such operator shall be granted, after submitting a completed application, a temporary license to operate, providing that during said first year, such operator has submitted and had approved by the City Council of the City of Canandaigua a timetable of compliance with this chapter, and that said timetable of compliance is being adhered to during the second and third year of operation. The City Council shall have the right to grant any operator affected by this section a variance where proof is supplied that unique preexisting conditions exist. Any application for variance must be made to the City Council within the first three years after enactment of this chapter.
A. 
Application forms.
(1) 
The applicant for a junkyard license shall obtain an application form supplied by the City Clerk/Treasurer.
(2) 
The completed form, along with two copies of a proposed site plan, and the information required by § 450-8 of this chapter, together with the appropriate fees, shall be returned to the City Clerk/Treasurer.
B. 
Application review.
(1) 
The Clerk/Treasurer shall submit one copy of the application together with all other descriptive plans as required by this chapter to the City Council and one copy to the Code Enforcement Officer.
(2) 
The City Council shall be the lead agency for purposes of compliance with SEQRA,[1] and no application shall be deemed complete until compliance with SEQRA.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(3) 
The City Council shall refer the application to the Planning Commission of the City Council for review and recommendation. If the Planning Commission shall fail to make a recommendation within 60 days after receiving such referral, it shall be presumed conclusively that the Planning Commission has recommended the approval of the proposed license.
(4) 
Within 90 days from the receipt of a completed application for a junkyard license, the City Council shall review the application and conduct the public hearing set forth in Subsection C below, and approve, disapprove, or approve with conditions, such license.
C. 
Public hearing.
(1) 
A hearing on the application shall be held by the City Council after review by the Planning Commission. Notice of the hearing shall be given to the applicant by mail, postage prepaid to the address given on the application and shall be published once in a newspaper having a circulation within the City which publication shall not be less than seven days before the date of the hearing.
(2) 
At the hearing, the City Council shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain a junkyard. In considering the application, the City Council shall take into account the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering; 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.
(3) 
The City Council shall also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to be continued general welfare of its citizens by considering whether or not the proposed location can be reasonable protected from having an unfavorable effect thereon. In this consideration, the City Council may consider 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 or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.
D. 
Grant or denial of application for license.
(1) 
Appeal. After the public hearing the City Council shall, within 15 days, render its decision as to whether or not the application should be granted, giving notice of its decision to the applicant by mail, postage prepaid, to the address given on the application.
(2) 
If approved, the license, including the certificate of approved location shall be issued and shall remain in effect until the following December 31st. Approval shall be personal to the applicant and not assignable. The City Council shall have the right to place any conditions or restrictions on said license as it deems necessary for the protection of public health, safety and welfare. The license shall be renewed thereafter upon payment of the annual license fee to the Clerk/Treasurer without hearing, provided that all provisions of this chapter are complied with during the license period. The determination of the City Council may be reviewed under Article 78 of the Civil Practice Law and Rules.
E. 
Renewal of license. All junkyard licenses shall expire on December 31 and shall automatically renew upon payment of the annual license fee, conditioned upon continued compliance with this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The initial license fee shall be $150 to be paid at the time application is first made, and $50 annually thereafter on each renewal. In the event the application is not granted, the fee shall be returned to the applicant. Such fees may be changed upon resolution of the City Council, provided that such fees shall be proportionate to the cost of issuing the license and making the necessary inspection of the premises to ascertain compliance with the regulations described herein, together with costs of publication.
B. 
Such license shall be placed and at all times displayed in a conspicuous place at the licensee's place of activity or business for which it is issued.
C. 
Such license shall be effective from the date of issuance until it expires at 12:00 midnight on December 31 of the year of such issuance. Such license must be renewed annually if the licensee desires to continue such activity or business.
D. 
Such license shall be personal to the licensee, and shall not be transferable with the title of the property, nor may said license be sold, assigned, transferred or disposed of.
A. 
Each applicant for a license hereunder shall execute, an application therefor, on forms to be supplied to him by the City Clerk/Treasurer, which shall contain the following information:
(1) 
That the applicant, if an individual, is over 18 years of age.
(2) 
That the applicant is a citizen of the United States of America, or a corporation domiciled in the United States of America.
(3) 
Whether the applicant has ever been convicted of a felony or misdemeanor.
(4) 
A general description of the type of business or activity which the applicant intends to conduct.
(5) 
A general description of the nature of the materials and vehicles the applicant intends to handle.
(6) 
The number of employees the applicant employs or intends to employ.
(7) 
The name and address of the record owner or owners of the premises 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, the applicant shall submit to and file with the City Clerk/Treasurer two site plans of the real property upon which it intends to conduct the activity or business for which it is making application for a license; the location of any buildings on such land; the location of any streets or highways abutting or passing through such lands, or public utility easements, as well as the general drainage pattern of such land; the names and addresses of abutting property owners to the extent known.
C. 
In the application, the applicant shall agree that, if granted the license applied for, it will conduct the activity or business pursuant to the regulations set forth in this chapter and that upon its failure to do so, such license may be revoked forthwith.
D. 
An environmental assessment form (EAF) shall be completed and submitted to the City Council pursuant to the provisions of the New York State Environmental Quality Review Act, 6 NYCRR Part 617. The application shall not be considered complete until full compliance with SEQRA has been established by the City Council.
A. 
The licensee must erect and maintain a fence of such height and of such material as may be determined by the City Council, on all boundaries fronting on a public highway; and located at such distance from the public highway as the City Council may determine, substantially screening from view the operation of the junkyard and its contents from the public view.
B. 
The area of the licensee's activity or business shall not be used as a dump nor as a place for burning and disposal of solid waste.
(1) 
No materials shall be burned in a junkyard except in compliance with the New York State Solid Waste Disposal Law (NYCRR Part 215).
(2) 
No solid waste shall be buried in a junkyard except in compliance with the New York State Solid Waste Disposal Law (NYCRR Part 360).
C. 
The Code Enforcement Officer or any of his representatives shall be granted access to the area of the activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith. The Code Enforcement Officer shall have all the necessary authority to enforce this chapter. The Code Enforcement officer shall make periodic inspections of the City to ensure that all existing junkyards have permits and that the requirements of this chapter are met.
A. 
Any individual, business, corporation and/or licensee, as defined in § 450-3, who commits or permits any acts in violation of any of the provisions of this chapter or fails to comply with the provisions thereof shall be deemed to have committed an offense against such chapter and also be liable for any such violation or penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
B. 
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $250 and/or 15 days in jail for each such offense. Such penalty shall be collectible by and in the name of the City for each day that such violation shall continue.
C. 
In addition to the above-provided fine, the City of Canandaigua may also maintain an action or proceeding in the name of the City in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.
A. 
The City Council of the City of Canandaigua may revoke a junkyard permit upon reasonable cause should the applicant fail to comply with any provision of this chapter. Before a permit may be revoked, a public hearing shall be held before the City Council.
B. 
Notice of the hearing shall be made in the official newspaper five days prior to the date thereof. The permit holder shall be notified of the hearing by certified mail at least 30 days prior to the hearing. At the hearing, the City Council shall hear the permit holder and all other persons wishing to be heard on the revocation of the junkyard permit. Should the City Council decide to revoke a permit, the reasons for each revocation shall be stated in the Council minutes. The permit holder shall be immediately notified of the revocation by certified mail.