[HISTORY: Adopted by the Town Board of the Town of Rosendale 8-10-1965. Amendments noted where applicable.]
Zoning — See Ch. 75
By the adoption of this chapter, the Town Board of the Town of Rosendale declares its intent in so doing to be to regulate, control and license the activities of businesses known as "auto graveyards" and junkyards, secondhand parts collection areas, the processing of used metals for resale and the dumping, storage and disposal of waste or 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. Such materials may be highly flammable and sometimes explosive. Gasoline tanks on old autos often contain, in some quantity, combustible gasoline; the engine and other parts of such autos are frequently covered with grease and oil which is also flammable. The tires, plastic seats, tops and other elements of such autos are also flammable. Batteries and other elements of such autos can contain acids and other matter potentially harmful to humans. These autos frequently contain sharp metal or glass edges or points upon which a human could receive serious cuts and abrasions. These autos can constitute attractive nuisances to children and certain adults. The presence of such junkyards, even in areas zoned for business or industry, is unsightly and tends to detract from the value of surrounding land and property unless such areas are properly maintained and operated.
As used in this chapter, the following terms shall have the meanings indicated:
- Passenger auto, truck, tractor-truck, trailer, bus, motorcycle or vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment.
- In addition to the definitions, prohibitions and regulations herein contained, shall be construed also to mean any assemblage on the same premises of more than two inoperable automobiles.
- An individual, an association, a partnership, a corporation.
The term "junkyard" shall not be construed to mean a farm actually in operation which has disabled equipment, other than trucks or automobiles, which are stored on said premises, which equipment was at one time actually used upon said farm. Furthermore, a "farm" shall be construed as land and premises which are actually utilized principally for the production of agricultural products.
No person shall engage in or conduct on real property within the Town of Rosendale, 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 of which 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.
Each applicant for a license hereunder shall execute under oath an application therefor, to be supplied to him by the Town Clerk, which application shall contain the following information:
The applicant's age, residence and citizenship.
Whether or not the applicant or any principal, partner, stockholder, director or officer or member of the association has ever been convicted of a felony or misdemeanor and 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.
A description of the exact type of business he intends to conduct.
The nature of the materials he intends to handle.
The number of employees he intends to engage.
The name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to the use of such land.
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 be used for such purpose, and 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.
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.
A person presently engaged in or conducting an activity or business such as described herein, on real property within the Town of Rosendale, must apply for a license therefor within 30 days of the adoption of this chapter. 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. 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 chapter.
The Town Board of the Town of Rosendale shall, upon receipt of the application, as herein specified, determine whether the applicant has met with the specifications and conditions herein set forth. The Town Clerk shall issue said license only after a determination has been made by the Town Board of the Town of Rosendale that the applicant has met the qualifications and conditions herein set forth. This determination shall also be made by the Town Board in respect to all temporary licenses. The Town Board shall likewise have jurisdiction to determine whether the license granted pursuant to this chapter, shall be revoked for failure to conduct the activity or business pursuant to the regulations hereinafter set forth, however, it shall be revoked only after the licensee is granted five days' written notice of the proposed hearing and determination to revoke said license and said notice of a revocation hearing be mailed and postmarked at least five days prior to said hearing, and addressed to the address indicated on the application and license of the licensee as the place wherein he conducts said business.
The Town Board shall have the right to call for a public hearing for the purpose of hearing any objections to any applications for any proposed junkyards.
The Town Board of the Town of Rosendale may take into consideration the aesthetic aspects of the proposed junkyard location. At a Town Board meeting on the application, the Town Board may consider and take into account aesthetic considerations of the location of said junkyard. At this meeting or at any public 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 and 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.
The fee for the license is hereby fixed in the sum of $100 per year, 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.
Such license shall be placed and at all times be displayed in a conspicuous place at the licensee's place of activity or business for which it is issued.
Such license shall be effective from the date of its issuance until December 31 of the year of such issuance, after which a new application for license must be made yearly if the licensee desires to continue such activity or business.
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.
Such license may be revoked by the Town Board after a hearing thereon at which the licensee shall have an opportunity to be heard and submit evidence in his behalf. 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.
In the event that an applicant for a license, as provided herein, shall have previously been duly issued a valid and effective junk dealer's license by the Supervisor of this Town, pursuant to the provisions of Article 6 of the New York State General Business Law, then such applicant shall be entitled to and allowed a credit against the above provided license fee in the amount of $5, such junk dealer's license fee actually paid by such applicant; otherwise, this chapter shall be fully binding upon and applicable to the holder of any such junk dealer's license.
Each such license shall be issued subject to compliance by the licensee with all the requirements of Article 6 of the General Business Law, § 1308 of the Penal Law and all other statutes now existing or which may hereafter be enacted affecting such business or the conduct thereof.
Editor's Note: See now §§ 165.40 through 165.65 of the Penal Law.
The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.
The licensee must maintain an office on such premises.
Any 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 working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected within the licensee's premises, 10 feet from the boundary line. 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 within the vicinity of the junkyard shall be accomplished within the enclosure. 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.
No junkyard hereinafter established shall be licensed to operate if such junkyard or any part thereof shall be within 500 feet of a church, school, hospital, public building or other place of public assembly.
There shall be maintained, open and accessible for the use of vehicles and fire engines and fire apparatus, a strip of land at least 10 feet in width, extending from the entranceway of said yard into said yard, to provide for fire lane or lanes so that no portion of the premises is more than 100 feet from a fire lane, which is accessible to the entrance of said yard for the purpose of ingress and egress of fire apparatus and equipment.
The autos, parts and 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.
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.
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.
The area of the licensee's activity or business shall not be used as a dump area or as a place for the burning and disposal of junk or trash.
The Town 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.
Every licensee shall maintain on the licensed premises in the office situated there, a bound book containing the names of all persons from whom a licensee has purchased any material, their home addresses, the time of the purchase and a complete description of the material purchased. Such records shall be at all times available for inspection by any peace officer of the State of New York, any sheriff or deputy sheriff, member of the New York State Police, any Town constable and any member of the Town Board of the Town of Rosendale.
The owner or licensee of any such place of business who commits or permits any acts in violation of any of the provisions of the 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.
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 for not more than 30 days, or by both such fine and imprisonment.
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.
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 of Rosendale for each day that such violation shall continue.
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.
This chapter shall apply only to the Town of Rosendale, which is outside of the incorporated limits of the Village of Rosendale.