[HISTORY: Adopted by the Town Board of the Town of Clayton 5-10-1966 by Ord. No. 1-1966. Amendments noted where applicable.]
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 the 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 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.
For the purposes of this chapter:
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, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose.
Such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles; provided,
however, the term "junkyard" shall not be construed to mean an establishment
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.
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
As used in this chapter, shall mean the Town of Clayton.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall operate, establish or maintain a junkyard until
he has obtained a license to operate a junkyard business and has obtained
a certificate of approval for the location of such junkyard.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Application for the license and the certificate of approved
location shall be made in writing to the governing board of the municipality
where it is proposed to locate the junkyard and, in municipalities
having a zoning ordinance and a Zoning Board of Appeals, the application
shall be accompanied by a certificate from the Zoning Board of Appeals
that the proposed location is not within an established district restricted
against such uses or otherwise contrary to the prohibitions of such
zoning ordinance. The application shall contain a description of the
land to be included within the junkyard.
A hearing on the application shall be held within the municipality
not less than two nor more than four weeks from the date of the receipt
of the application by the legislative body. 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 municipality, which publication shall
be not less than seven days before the date of the hearing.
At the time and place set for hearing, the governing 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 chapter.
At the time and place set for hearing, the governing board shall
hear the applicant and all other persons wishing to be heard on the
application for certificate of approval for a 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 unhealthy
odors or smoke, or of other causes.
At the hearing regarding location of the junkyard, the governing
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 governing 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
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.
After hearing, the governing 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 April 1. 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. The determination of
the governing board may be reviewed under Article 78 of the Civil
Practice Law and Rules.
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 event the application is not granted, the fee shall be returned
to the applicant. A municipality, in addition to the license fee,
may assess the applicant with the costs of advertising such application
and such other reasonable costs incident to the hearing as are clearly
attributable thereto and may make the license conditional upon payment
of same.
A.Â
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 same in the reasonable course of the business. All wrecking or
other work on such motor vehicles and parts and all burning of same
within the vicinity of the junkyard shall be accomplished within the
enclosure.
B.Â
Where the topography, natural growth of timber or other considerations
accomplish the purposes of this chapter in whole or in part, the fencing
requirements hereunder may be reduced by the legislative body, upon
granting the license; provided, however, that such natural barrier
conforms with the purposes of this chapter.[1]
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the governing board of the municipality where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish the governing 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 until the next April 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 § 152-11 of this chapter.
Notwithstanding any of the foregoing provisions of this chapter,
no junkyard, hereafter established, shall be licensed to operate of
such yard or any part thereof shall be within 500 feet of a church,
school, hospital, public building or place of public assembly.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Violators of any of the portions of this chapter shall be guilty
of an offense punishable by a fine not exceeding $100, and each week
that such violation is carried on or continues shall constitute a
separate violation.
