[HISTORY: Adopted by the Board of Trustees of the Village
of Wolcott 11-20-1967. Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants and to 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 Village and the general
welfare of its citizens. It is further declared that the unrestrained
accumulation of junk is a hazard to the health, safety and welfare
of citizens of the Village, necessitating the regulation, restraint
and elimination thereof. At the same time, it is recognized that the
maintenance of junkyards, as defined herein, is a useful and necessary
business and ought to be permitted, when not in conflict with the
express purposes hereof.
No junkyard, as herein defined, shall be established or continued
in existence, except as expressly permitted by and in conformity with
the regulations herein specified.
The present tense shall include the future, the singular shall
include the plural and the plural the singular. The word "shall" is
always mandatory.
Should any of these regulations conflict or be inconsistent
with the Village Law, such provision of the Village Law shall apply.
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 the application is not granted, the fee shall be returned
to the applicant. In addition to the license fee, the applicant shall
pay the costs of advertising such application and such other reasonable
costs incidental to the hearing as are clearly attributable thereto
and make the license conditional upon payment of same.
A.
The owner or licensee of any such place of business who commits or
persists in any acts in violation of the provisions of this chapter
shall be deemed to have committed an offense and shall be liable for
any such violation and penalty therefor. Each week such violation
shall continue or be permitted to exist shall constitute a separate
violation.
[Amended 6-17-1968]
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 $100
or imprisonment not exceeding 30 days, or to both such fine and imprisonment.
[Amended 6-17-1968]
C.
Conviction for any violation shall constitute and effect an immediate
forfeiture of the license.
D.
Any person violating any provision hereof shall be subject to a civil
penalty enforceable and collectible by the Village in the amount of
$100 for each such offense. Such penalty shall be collectible by and
in the name of the Village for each day that such violation shall
continue.
E.
In addition to the above-provided penalties and punishment, the Village
Board may also maintain an action or proceeding in the name of the
Village in a court of competent jurisdiction to compel compliance
with or to restrain by injunction any violation hereof.
F.
An offense hereunder, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, shall be deemed a violation;
and for such purpose only, all provisions of law relating to violations
shall apply to such violation.
This chapter shall be in full force and effect after compliance
with the provisions of § 95 of the Village Law.
Certain words and terms used in this chapter are defined for
the purpose thereof as follows:
Any person, firm or corporation owning, leasing or otherwise
occupying land upon which a junkyard, as herein defined, is situated.
A lot, land or structure, or part thereof, over 200 square
feet in area, used primarily for the collection, storage and/or sale
of wastepaper, rags, scrap metal or discarded material or for the
collection, dismantling, storage and/or salvaging of machinery or
vehicles not in running condition and/or for the sale of the parts
thereof, except as an accessory to the principal industrial use of
the lot, provided that the term "junkyard" shall not be constituted
to mean an establishment for 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. Two
or more motor vehicles not in operating condition shall be deemed
to constitute a junkyard; and the retention of an inoperable motor
vehicle, unless stored in a garage or other building, on any parcel
of land within the Village of Wolcott for a period of one year or
more shall also be deemed to constitute a junkyard.
[Amended 10-20-1975 by L.L. No. 4-1975]
The line midway between and parallel to two street or lot
property lines, or as otherwise defined by the Village Board.
The right-of-way line of a street as indicated by dedication
or by deed of record.
A.
No person shall engage in, operate, establish, maintain or conduct
on real property within the Village of Wolcott, either for himself
or for and on behalf of any other person, directly or indirectly,
as agent, employee or otherwise, any junkyard without first obtaining
a license and certificate of approved location therefor, as hereinafter
provided.
B.
Application for the license and the certificate of approved location
shall be made, in writing, to the Village Board of the Village of
Wolcott, and shall state where the proposed junkyard shall be located,
and, if a corporation, the names and addresses of all officers, stockholders
and employees. The application shall contain a description of the
land to be included within the junkyard, indicating distances from
streets and lot lines and/or street center lines.
C.
A hearing on the application shall be held within the municipality
within 30 days from the date of the receipt of the application by
the Village 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 or posted as provided by § 90 of
the Village Law.
D.
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 their 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 December 31. Approval
shall be personal to the applicant and not assignable. Licenses shall
be renewed thereafter upon payment of the annual license fee without
hearing, provided 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.
A.
License. At the time and place set for 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 and 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 hereof.
B.
Location. At the time and place set for 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 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 unhealthful
odors or smoke, or of other causes. In this connection, no junkyard
hereafter established shall be licensed to operate if such yard or
any part thereof shall be within 500 feet of a church, school, hospital,
public building or place of public assembly.
C.
Aesthetics. At the hearing regarding location of the junkyard, the
Village Board may also consider the clean, wholesome and attractive
environment which has been declared to be of vital importance to the
continued general welfare of its citizens, and whether or not the
proposed location can be reasonably protected from having an unfavorable
effect thereon. In this connection, the Village Board may consider
the road servicing the junkyard, the type of road and whether the
junkyard can be seen from it, 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.
D.
Fencing. 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 100 feet to the street line or 125 feet from the center line
of the street, whichever is the greater. All junk 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 same
in the reasonable course of the business. All wrecking or other work
on motor vehicles, machinery or equipment and parts thereof shall
be accomplished within the enclosure. Where the topography, natural
growth of timber or other considerations accomplish the purpose 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
chapter.
For the purposes of this section, the location of junkyards already established at the time of this enactment shall be considered approved by the Village Board and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this section, however, the owner shall furnish the Village Board the information as to 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 January 1, 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 § 80-10D.
A.
Management. The licensee must personally manage or be responsible
for the management of the activity or business for which the license
is granted.
B.
Office. The licensee must maintain an office and a sufficient number
of employees on the premises to assure the proper and safe conduct
of such activity or business, to minimize the fire hazard therefrom,
and to prevent improper trespass thereon by children and others.
C.
Fire lane. Inside, adjacent to and contiguous with such fence, a
strip of land at least 10 feet in width shall be kept free of all
dry grass, other growth or other combustible material so as to provide
a fire lane or line around the whole area where the activity or business
of the licensee is being conducted.
D.
Burning prohibited. Motor vehicles, parts and other materials dealt
in by the licensee shall be disassembled or dismantled by means other
than by burning. They shall be piled or arranged in neat rows so as
to permit easy, clear passage through the area.
E.
Fire extinguisher. There shall be maintained at each such 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. Each such fire extinguisher shall be hung or mounted
in a conspicuous place, clearly marked and available.
F.
Sanitary facilities. Suitable sanitary facilities within the area
shall be available, connected to approved public sewers or septic
tanks, for the use and convenience of the employees of the licensee
as well as the general public visiting the area. Such sanitary facilities
shall be separate and apart from any residence upon the premises.
G.
Access of Village officials. The Chief of Police, the Village Clerk
and the Village Board or any of its 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.
In addition to the other requirements herein, before a license
is granted, the applicant shall present to the Village Clerk a bond
in the amount of $2,000 and approved as to form by the Attorney for
the Village, which bond shall be conditioned for the payment of any
civil penalty which might be imposed against the applicant under the
provisions of this chapter, and also shall be conditioned that the
applicant will remove all items and materials, including fencing,
from the premises at the termination of the license period or renewal
thereof, or at such time as the business conducted upon the premises
shall be discontinued, either voluntarily or by action under this
chapter, or, in default thereof, licensee shall be responsible for
all costs incurred by the Village in the removal of all material and
items used in the business, including fencing from the premises upon
which the business was conducted.
