Town of Corinth, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Corinth 6-30-1993 by L.L. No. 1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Land use  — See Ch. 89.
Abandoned vehicles  — See Ch. 120.
Vehicles and traffic — See Ch. 122.
Off-road recreational vehicles — See Ch. 127.
[Amended 9-27-2007 by L.L. No. 2-2007]
By the adoption of this chapter, the Town Board of the Town of Corinth declares its intent in so doing to be to regulate, control and license the activities or businesses known as "auto graveyards," "junkyards," and "secondhand parts collection areas" and the processing of used metals for resale and the storage and/or disposal of other used or secondhand property intended for resale. Said Town Board hereby declares that such activities or business 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 and 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 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:
AUTO
Passenger autos, trucks, tractor trucks, trailers, buses, motorcycles or other vehicles, however propelled, as well as tractors, bulldozers, machinery and equipment.
JUNKYARD
Any place of storage or deposit, whether in connection with another business or not, where two (2) 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 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 (2) or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap for sale for remelting purposes only.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
MUNICIPALITY
The Town of Corinth.
[Amended 12-5-1996 by L.L. No. 2-1996]
PERSONS
An individual, an association, a partnership or a corporation.
[Amended 9-27-2007 by L.L. No. 2-2007]
No person shall engage in or conduct on real property within the Town of Corinth, 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, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storing or disposal or otherwise of bodies, engines, or other parts of autos or of any other secondhand or used property without first obtaining a license therefor as hereinafter provided.
A. 
Each applicant for a license hereunder shall execute under oath an application therefor to be supplied to the applicant by the Building Department, which shall contain the following information: that the applicant is over twenty-one (21) years of age; that the applicant is able to provide documentation for legal residency; whether the applicant has ever been convicted of a felony or misdemeanor; and such other facts or evidence as is deemed necessary to establish that the applicant is a person fit and capable of properly conducting activity or business for which the license is sought; a description of the exact type of business the applicant intends to conduct; the nature of the materials the applicant intends to handle; the approximate number of employees the applicant intends to engage; and 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.
[Amended 12-5-1996 by L.L. No. 2-1996]
B. 
At the time of making the application, the applicant shall submit to and file with the Building Department a map or plan of the real property upon which the applicant intends to conduct the activity or business for which the applicant 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.
C. 
In the application, the applicant shall agree that, if granted the license applied for, the applicant will conduct the activity of business pursuant to such regulations hereinafter set forth and that upon the applicants failure to do so, such license may be revoked forthwith.
D. 
A person presently engaged in or conducting an activity or business, such as described herein, on real property within the Town of Corinth must apply for a license therefor within thirty (30) days of the adoption of this chapter. If the place where the applicant conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instance, the applicant shall be issued a license therefor if the applicant meets the other requirements contained herein. If the place where the applicant conducts such activities or business does not presently comply with the requirements a person must meet to secure a license in the first instance, the applicant may be granted a temporary license for one (1) year, during which year he must arrange the place where the applicant conducts such activity or business so that it does comply with the requirements a person must meet to secure a license in the first place. If at the end of such year such person has not so arranged the applicant's place of such activity or business, the applicant 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.
E. 
If the person conducting such activity or business is not the sole owner thereof, the applicant shall state such fact at the time the applicant applies for his temporary license, and the Building Department, 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.
F. 
All contiguous land owners must be notified, with return receipts letters stating the intent. Return receipts must be submitted to the Building Inspector or Code Enforcement Officer forty-eight (48) hours prior to the public hearing.
A. 
The fee for the license is hereby fixed in the sum as set forth from time to time by resolution of the Town Board,[1] which sum covers not only the cost of issuing the license itself, but also the cost of making the necessary inspection of the premises to ascertain compliance with the regulations hereinafter prescribed.
[Amended 12-5-1996 by L.L. No. 2-1996]
[1]
Editor's Note: The fees are on file in the town offices.
B. 
Such license shall be effective from the date of issue until the 31st day of December of the year of such issuance, after which application for a license must be made yearly if the licensee desires to continue such activity or business. The licensee must present his application to the Town of Corinth Town Board for final approval.
C. 
The 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.
D. 
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.
E. 
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 prorated credit for the unused portion of the license fee paid by the applicant. Otherwise, this chapter shall be fully binding upon and applicable to the holder of any such junk dealer's license.
[Amended 12-5-1996 by L.L. No. 2-1996]
F. 
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.
[Added 4-8-2004 by L.L. No. 2-2004]
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 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. 
The licensee must erect and maintain on all highway sides of the premises and all sides of premises abutting a residential area an eight-foot wire fence of close mesh or one made of wood or must plant hedges or trees in close proximity so that the same shall be adequate to screen said premises and shall contain behind such fence the materials dealt in by the licensee, and such fence shall be a minimum of twenty-five (25) feet from the boundary of such highway or residential area. Where such premises abuts only a highway, the fence shall be carried back along the ends of the premises a distance of at least fifty (50) feet. All the materials dealt in by the licensee shall be kept behind such fence at all times.
D. 
The auto's parts and materials dealt in by the licensee shall be disassembled or dismantled by the usual and ordinary means. They shall be piled or arranged in neat rows so as to permit easy, clear passage through the area. However, no fires shall be allowed at any time.
E. 
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. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
[Amended 4-8-2004 by L.L. No. 2-2004]
F. 
The area of the licensee's activity or business and any adjoining areas owned or leased by the licensee shall not be used as a dump area nor a place for disposal of junk or trash.
G. 
The Building Inspector or Code Enforcement Officer or the Town Board or any of its representatives shall be granted access to the areas of the activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith.
H. 
Cement slabs to be installed within thirty (30) days (weather permitting) for the purpose of dismantling vehicles. All dismantling will be contained to this area only.
I. 
Suitable sanitary facilities 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.
[Added 4-8-2004 by L.L. No. 2-2004]
J. 
Storage of oils and fluids.
[Added 4-8-2004 by L.L. No. 2-2004]
(1) 
The owner or operator must store all oils and fluids of every type and kind from all junk vehicles, and said storage must be in secure containers.
(2) 
The owner or operator must provide a map or sketch clearly designating location of storage containers.
(3) 
The owner or operator must keep an accurate account of the name and address and license or permit number of any transporter of such oils and fluids.
(4) 
Dumping or spilling of oils or fluids of any type or kind is prohibited.
(5) 
The owner or operator shall keep accurate written records of all vehicles brought on premises which are dismantled, crushed or sold as used vehicles.
[Amended 12-5-1996 by L.L. No. 2-1996]
Notwithstanding any of the provisions of § 136 of the General Municipal Law, no junkyard hereafter established shall be licensed to operate within five hundred (500) feet of a church, school, hospital, public building or place of public assembly.
[1]
Editor's Note: Former § 87-8, Unlicensed vehicles, added 12-5-1996 by L.L. No. 2-1996, was repealed 4-8-2004 by L.L. No. 2-2004. See now Chapter 120, Vehicles, Abandoned or Unregistered.
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 thereof. Each day such violation shall continue to or be permitted to exist shall constitute a separate violation.
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 two hundred fifty dollars ($250.) or imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment.
[Amended 12-5-1996 by L.L. No. 2-1996]
C. 
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.
D. 
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by and in the name of the town for each day that such violation shall continue.
E. 
In addition to the above-provided and punishment, the town may also maintain an action or proceeding in the name of the town in a court competent jurisdiction to compel compliance with or to retain by injunction the violation of such chapter.