[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 7-1-1998 by L.L. No. 6-1998. Amendments noted where
applicable.]
This chapter shall be known as "junkyards."
A.
In the Town of Wawarsing, damaged, worn-out, scrapped
or discarded materials or objects, such as automobiles and other vehicles,
building materials, machinery, metal, wastepaper, rags, glassware,
tinware and plastic are, have been and/or in the future may be stored,
stocked or used in a dangerous or unsanitary manner on lands, yards,
junkyards or other places within the Town.
B.
The places in which damaged, worn-out, scrapped or
discarded materials or objects are, have been and/or in the future
may be stored tend to become overgrown with weeds, littered with rubbish
and debris and infested with rats, mice, insects, reptiles and other
vermin.
C.
Such conditions tend to attract children and other
people and endanger their lives and health, safety and welfare; spread
disease; invite plundering; attract vagrants; create fire hazards
and other health and safety hazards; create, extend and aggravate
blight; interfere with the use and enjoyment of and reduce the value
of private property; and interfere with the comfort and well-being
of the public. Additionally, such conditions tend to create nuisance
and annoyance for adjoining property owners including unsightly conditions
and unhealthy odors or smoke.
D.
Thieves and receivers of stolen property frequently
attempt to dispose of stolen property by representing it to be legitimately
acquired junk, scrap or debris.
E.
Adequate protection of public health, safety and welfare
of the inhabitants, visitors and guests in the Town of Wawarsing requires
that the business of handling and dealing in junk be regulated and
controlled.
F.
Therefore, it is the intent of the Town Board of the
Town of Wawarsing that a clean, wholesome, attractive community and
environment is declared to be of importance to the health, safety
and welfare of the inhabitants and the safeguarding of the 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 the inhabitants.
It is further declared that the unrestrained accumulation of junk
vehicles, building materials, machinery, metal, wastepaper, rags,
glassware, tinware and plastic, among other things, is a hazard to
such health, safety and welfare of the inhabitants of the Town of
Wawarsing, necessitating the regulation, restraint and elimination
thereof. At the same time, it is recognized that the maintenance of
junkyards in a suitable location, as hereinafter defined, can serve
a useful purpose and may need to be accommodated when not in conflict
with the express purpose of this chapter.
A.
No person or corporation shall operate, establish
or maintain a junkyard until they have obtained a license to operate
a junkyard business and have obtained a certificate of approval for
the location of such junkyard.
B.
No landowner shall permit, allow, tolerate or consent
to the operation of a junkyard on his/her property until such landowner
or junkyard operator has obtained a license to operate such junkyard
and has obtained a certificate of approval for the location pursuant
to the terms of this chapter.
Application for license under this chapter shall
be made in writing to the Town Board and filed in duplicate with the
Town Clerk and Town Building Department. The application shall be
signed by the applicant, if an individual; by all partners, if a partnership;
by the president or chief officer, if a corporation or other organization;
and shall be made upon forms provided by the Town Clerk. The applicant
shall also pay any required fees hereinafter prescribed when submitting
the application. Such application shall provide the following information
or material:
A.
The name, residence, address and telephone number
of each individual owner, partner or, if a corporation or other organization,
each officer and director.
B.
The trade name and address and telephone number of
the business on behalf of which the application is made.
C.
The name, residence, address and telephone number
of each person employed or intended to be employed in the business
as of the time the application is filed.
D.
The exact address and location of the place where
the business is, or is proposed to be carried on, plus a survey and
proposed site plan of the premises to be used, giving the precise
location of all fencing, building, water, sewer and gas mains or lateral,
and general drainage pattern of the land. Such survey shall also show
the precise portion of the property that may be devoted to the operation
of a junkyard. In the event that additional premises are used for
junk storage and if such premises were not included in the previous
application, the applicant is required to file a supplementary application
including all of the information as herein required and in the same
form and subject to the same conditions as the original application.
If such supplementary application is duly approved, a supplementary
license will be issued.
E.
The zoning classification in which each of the premises described in Subsection D hereof is situated.
F.
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, or any violation of Article 6 of the General Business Law.
G.
The names and address of the owner or owners of the
real property and the nature of the right under which the applicant
possesses said property.
H.
Whether the applicant has obtained a valid junk dealer's
license under Article 6 of the New York State General Business Law.
I.
Whether the application is for a temporary or permanent
license.
J.
Such other information as the Town Board, Town Clerk
or Town Building Department may from time to time reasonably require
to effectuate the purposes of this chapter and to fairly and reasonably
determine whether the applicant has complied with the provisions of
this chapter.
A hearing on the application shall be held by
the Town Board within the Town not less than four nor more than eight
weeks from the date of the receipt of the application by the Town
Board. 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 a newspaper having a circulation within the Town,
which publication shall be not less than seven days before the date
of the hearing.
At the time and place set for 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 be taken 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 purpose of this section. The Town Board may approve
the application only upon the determination that the applicant has
complied with all zoning, fire and building code and/or site plan
requirements[1] of the Town of Wawarsing.
[1]
Editor's Note: See Chs. 61, Fire Prevention
and Building Code Administration; 95, Subdivision of Land; and 112,
Zoning.
At the time and place set for 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 the same, it shall take into account,
after proof of legal ownership or right to such use of property for
the license period by the applicant, the zoning district in which
the property is located, the nature and development of surrounding
property, such as the proximity of churches, 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 causes.
At the hearing regarding the 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
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 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 approval of location, shall
be forthwith issued to remain in effect until December 31 of the year
in which the license is first issued. Approval shall be personal to
the applicant at the specific location applied for and not assignable.
Licenses shall be renewed thereafter upon payment of the proper annual
license fee without hearing, provided that all provisions of this
chapter are complied with during the license period, that the junkyard
does not become a public nuisance under the common law and that 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.
Each license shall expressly provide that days
and hours of operation of the junkyard shall be limited to 7:00 a.m.
until 6:00 p.m., Monday through Saturday. In addition, the junkyard
shall remain closed on Sundays and all state and federal Holidays.
Such license, except a temporary license, shall
be effective from the date of its issuance until the 31st day of December
of the year of such issuance, upon which date such license shall expire.
An applicant for a renewal license shall file with the Town Clerk
a written application upon forms provided by said Town Clerk, along
with all fees as hereinafter prescribed. Such license, issued pursuant
to this chapter, shall be plainly displayed on the business premises.
The basic fee shall be $50 per year and shall
entitle the applicant to 5,000 square feet of junkyard area. An additional
fee of $5 per year shall be charged each year for each additional
5,000 square feet of storage area. Notwithstanding anything herein
to the contrary, no applicant shall be charged in excess of $250 per
license per year under this provision. In addition to the license
fee, any new applicant shall pay to the Town the cost of advertising
such application and such other reasonable costs incident to the hearing
as are clearly attributable thereto, and such costs shall be paid
to the Town Clerk prior to publication of the notice of hearing.
A.
No license issued under this chapter shall be transferred
or assigned or used by any person other than the one to whom it was
issued, and no junk dealer's license shall be used at any location
other than the one described in the application upon which it was
issued.
A.
Each junkyard shall be completely enclosed within
a fence with entrance only through a suitable gate which shall be
closed and locked except when the junkyard is staffed and open for
business. The gate shall not be wider than reasonably necessary for
the conduct of the licensed business. The fence facing any public
highway, street or road, and for the first 200 feet back from the
point where such fence turns substantially away from the street, road
or highway, shall be opaque and constructed of wood or similar approved
material and be at least six feet in height. Such fence shall be erected
not nearer than 30 feet from the closest edge of the highway and not
nearer than 50 feet from any existing dwelling on neighboring property
and not nearer than 25 feet from each property line. Where the topography,
natural growth of timber or other considerations accomplish the purposes
of this chapter in the 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 to the purposes
of this chapter.
B.
Inside, adjacent to and continuous with such above-referenced
fence, the applicant shall maintain a strip of land at least 10 feet
in width which shall be kept free of all dry grass, junk, plant growth
or other combustible material so as to provide a fire break around
the entire area where business activity is conducted.
C.
All motor vehicles and parts thereof and junk as hereinabove
defined, stored either permanently or temporarily by the applicant,
shall be kept within the enclosure of the junkyard except for reasonable
transportation of the same, which shall then be conducted only during
reasonable business hours.
D.
No motor vehicles or other junk shall be piled to
any height above six feet, except that junkyards located in an industrial
district may stack cars up to a height of 12 feet.
E.
The junkyard, together with all things therein, shall
at all times be maintained in a sanitary condition and arranged in
neat rows so as to permit easy, clean passage and inspection of the
premises.
F.
No water shall be allowed to stand in any place on
the premises in such manner as to afford a breeding place for mosquitoes.
G.
No garbage or other waste liable to give off a foul
odor or attract vermin shall be kept on the premises, nor shall any
refuse or garbage of any kind be kept on the premises unless such
is junk as defined herein and is in use in the licensed business.
H.
No junk or other material shall be burned on the premises,
except in accordance with the other applicable provisions of the law
governing the burning of refuse or junk.
I.
No junkyard shall be allowed to become a nuisance,
nor shall any junkyard be operated in such a manner as to become injurious
to the health, safety or welfare of the community or of any residents.
J.
No drums, barrels, tanks or other vessels containing
any kind of liquid shall be stored outdoors at any time, except those
tanks used regularly in the conduct of the applicant's business and
in compliance with all applicable regulations.
K.
The licensee shall permit inspection of the business
premises by any member or any representative of the Town Board, Town
Supervisor, Town Code Enforcement Officer or his designee or their
agents or employees.
L.
There shall be maintained at each place of activity
or business for which a license is issued at least one fire extinguisher
of approved design and capacity for each 40,000 square feet of area.
Such fire extinguisher shall be mounted or placed in a conspicuous
place and clearly marked.
M.
Suitable sanitary facilities shall be available for
use by patrons, visitors and employees of such business. A porta-john
or other similar device and proof of a valid enforceable maintenance
contract for such device shall be presumed suitable under this provision.
N.
Sufficient off-street parking shall be provided for
the licensee's customers.
For the purposes of this section of this chapter
only, 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 but nothing herein contained
shall constitute approval under the Town of Wawarsing Zoning Code[1] which requires approval and compliance separate and apart
from this chapter. However, within 60 days from the date this chapter
shall take effect, 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 governing board shall issue him a license
valid for six months under this chapter, at which time such owner
may apply for renewal as herein provided. A licensee may apply for
one additional six-month period to come into compliance if considerable
progress toward compliance can be shown after a five-month period.
Such license shall be renewed only upon satisfactory proof that all
provisions of this chapter, including the fencing requirements, have
been fully complied with, except that the setback and boundary line
dimension provisions may, in the discretion of the Town Board, be
waived or modified based upon a finding that no neighboring property
or the public at large is harmed or prejudiced by such waiver or modification.
A.
The Code Enforcement Officer and/or his duly authorized
representative shall inspect the junkyards of all junk dealers licensed
under this chapter at least once a year to determine whether such
yards are being operated in accordance with the provisions of this
chapter and other applicable provisions of law.
B.
No person shall refuse entry to the Town Code Enforcement
Officer or his designee or other Town Officer attempting to enter
any premises for the purpose of inspection. Such entry shall be permitted
not only to areas open to the public but also to all other areas,
provided that no employee shall be required to accompany any officer
in any area that the employee deems to be dangerous, if the employee
tells the inspector or officer that the area is, in the employee's
opinion, dangerous.
A.
The owner or licensee of any such place of business
who commits or permits any acts in violation of any of the provisions
of this chapter shall be deemed to have committed an offense against
such chapter, and also shall be liable for any such violation or the
penalty therefor.
B.
For each violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more
than $100 or imprisonment not exceeding 30 days, or by both such fine
and imprisonment.
C.
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 such chapter and
be entitled to recover legal fees expended by the Town in enforcing
these provisions.
D.
Any person violating this chapter shall be subject
to a civil penalty enforceable and collectible by the Town in the
amount of $100 for each such offense. Such penalty shall be collectible
by and in the name of the Town for each day that such violation shall
continue.
E.
Conviction for any above-mentioned violation shall
constitute and effect an immediate forfeiture of the license.
F.
If any junk is stored or placed in any part of the
operator's property other than that designated for such purpose on
that person's application, without first supplementing such application,
and paying the required fees, the junkyard license shall be revoked.
