Town of Wilna, NY Chapter 129 Junkyards and Junk Dealers

[HISTORY: Adopted by the Town Board of the Town of Wilna 2-14-2011 by L.L. No. 2-2011. Amendments noted where applicable.]

§ 129-1 Statement of authority.

The Town Board of the Town of Wilna, pursuant to the authority granted under Article 4 of the Town Law, § 136 of the General Municipal Law and §§ 10 and 20 of the Municipal Home Rule Law of the State of New York, hereby enacts as follows.

§ 129-2 Statement of purpose and findings.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Town Board of the Town of Wilna has determined that, by the adoption of this law, the Town Board of the Town of Wilna declares its intent to regulate, control and license the activities or businesses known as "auto graveyards," junkyards, secondhand materials collection areas, the processing of used metals for resale and the dumping, storage and disposal of waste, secondhand or used materials of whatever composition. Said Town Board hereby declares that such activities or businesses can constitute a hazard to property and persons and a public nuisance. The presence of such junkyards is unsightly and tends to distract from the value of surrounding land and property unless such areas are properly maintained and operated.

§ 129-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AUTO

Passenger auto, truck, tractor-truck, trailer, bus, motorcycle or other vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment.

JUNK

Secondhand materials and used materials within the meaning of this article, to wit: used or secondhand materials of any kind, including rags, paper, rubbish, old rope, bottles/glassware, crockery, bags, cloth, rubber, iron, brass, copper, silver, clothing, furniture, used motor vehicles or the parts thereof or any repaired, reconstructed, renewed, renovated, partly ruined or damaged materials, merchandise or personal property, tin, slush, or lead, old lumber and house wrecking materials, garbage, litter and debris. This definition, however, shall not be deemed to be exclusive. Secondhand materials and articles of similar kind and character shall be deemed to be included within the foregoing definition.

PERSON

An individual, an association, a partnership, a corporation.

§ 129-4 License required.

No person shall engage in or conduct on real property within the Town of Wilna either for himself or for and on behalf of any other person directly or indirectly as agent, employee or otherwise any activity or business either for profit or otherwise, at wholesale or retail, which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal or otherwise of bodies, engines, or parts of autos, or of any other secondhand or used property of whatever material it is composed or any waste material whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement or otherwise without first obtaining a license therefore as hereinafter provided.

§ 129-5 Application for license.

A. No license can be granted until the project has been reviewed and approved by the Town of Wilna Planning Board through the site plan review process.

B. Each applicant for a license hereunder shall execute under oath an application therefore to be supplied to him by the Town Clerk, which shall contain the following information:

(1) That the applicant is over 21 years of age;

(2) That he is a citizen of the United States;

(3) Whether he has ever been convicted of a felony or misdemeanor;

(4) Such other facts or evidence as is deemed necessary to establish that he is a person fit and capable of properly conducting the activity or business for which the license is sought;

(5) A description of the exact type of business he intends to conduct;

(6) The nature of the materials he intends to handle;

(7) The number of employees he intends to engage;

(8) The name and address of the owner or owners of the land; and

(9) The nature of the right of occupancy of the applicant to the use of such land.

C. At the time of making the application, the applicant shall submit to and file with the Town Clerk a map or plan of the real property upon which he intends to conduct the activity or business for which he is making application for a license hereunder with the area of such real property which it is proposed to use for such purpose, the location of the fence required hereunder indicated thereon as well as the location, of any buildings on such land and the location of any streets or highways abutting or passing through such land and the location of any water, sewer or gas mains or laterals available thereto as well as the general drainage pattern of such land.

D. In the application, the applicant shall agree that, if granted the license applied for, he will conduct the activity or business pursuant to the regulations hereinafter set forth and that upon his failure to do so such license may be revoked forthwith.

E. A person presently engaged in or conducting an activity or business such as described herein, on real property within the Town of Wilna must apply for a license therefore within 30 days of the adoption of this law. If the place where he conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instance, he shall be issued a license therefor if he meets the other requirements contained herein. If the place where he conducts such activity or business does not presently comply with the requirements a person must meet to secure a license in the first instance, he may be granted a temporary license for one year, during which year he must arrange the place where he conducts such activity or business so that it does then comply with the requirements a person must meet to secure a license in the first instance. If, at the end of such year, such person has not so arranged his place of such activity or business he shall forthwith cease and desist engaging in or conducting the same and shall remove from such place any autos, parts or other materials of the nature described herein.

F. If the person conducting such activity or business is not the sole owner thereof, he shall state such fact at the time he applies for his temporary license and the Town Clerk, at the time of issuing such temporary license, shall send the owners or each of them a notice of the issuance of such temporary license to such person together with a copy of this law.

§ 129-6 License.

A. The original application fee for the license is hereby fixed in the sum of $400, which sum covers not only the cost of issuing the license itself but also the cost of making the necessary inspections of the premises to ascertain compliance with the regulations hereinafter prescribed by the Planning Board, in site plan review. The fee may be amended from time to time by resolution of the Town of Wilna Board. 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.

B. Such license shall be effective from the date of its issuance until the 31st day of December of the year of such issuance, after which a new application for a renewal license must be made yearly at a fee of $100, if the licensee desires to continue such activity or business. The fee may be amended from time to time by resolution of the Town of Wilna Board. Such license is personal with the licensee. It does not go with the title of the land nor may it be sold, assigned, transferred or disposed of.

C. Such license may be revoked by the Town Board after a public hearing, thereon at which the licensee shall have an opportunity to be heard. Upon revocation of a license the Town Board may require the removal of autos, parts and materials left as above provided in the case of an applicant for a temporary license who fails to qualify for a license.

D. Anyone currently holding a valid license will have one year to come into compliance with this chapter.

§ 129-7 Regulations.

A. The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.

B. The licensee must maintain an office and a sufficient number of employees on the premises to ensure 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. The licensee must erect and maintain a six-foot wire fence of close mesh or one made of wood or of other material, adequate to prohibit the entrance of the children and others into the area of the activity or business and to contain within such fence the materials dealt in by this licensee, and if such area abuts a residential area or public street or highway, such fence shall be 25 feet from the boundary line thereof. Said fence shall be kept well painted and presentable at all times. All the materials dealt in by the licensee shall be kept within such fence at all times.

D. No burning of any materials whatsoever.

E. The autos, parts and materials shall be piled or arranged in neat rows so as to permit easy, clear passage through the area.

F. 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.

G. When the area is not supervised by the licensee or his employees, the fence shall be locked at a secure gate in a secure manner.

H. The police, the Town Clerk or the Town 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.

I. Permits required by the NYS DEC will be obtained by the licensee and a copy filed with the Town Clerk prior to the issuance of the license by the Town.

§ 129-8 Applicability.

This chapter shall not apply to dealers who in good faith have established or shall establish a business of buying and selling new or used motor vehicles who occasionally, as an instance of such business, buy or receive in the course of trade secondhand motor vehicles for sale. This chapter shall, however, include and apply to all such dealers who wreck or junk such secondhand motor vehicles.

§ 129-9 Purchase from minors prohibited.

It shall not be lawful for any person, firm or corporation carrying on the business of purchasing or selling any of the materials heretofore mentioned, to purchase from any person under 21 years of age any of the aforesaid materials.

§ 129-10 Penalties for offenses.

A. Violation of this chapter is an offense; penalties therefor.

B. 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. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.

C. For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not less than $50 nor more than $250, or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.

D. Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.

E. 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 law.

§ 129-11 Severability.

If any part of this chapter shall be found to be void, voidable, or unenforceable for any reason whatsoever, it shall not affect the validity or enforceability of any remaining section or provision of this chapter.