[HISTORY: Adopted by the Town Board of the Town of Corinth 6-30-1993
by L.L. No. 1-1993. Amendments noted where applicable.]
[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:
Passenger autos, trucks, tractor trucks, trailers, buses, motorcycles
or other vehicles, however propelled, as well as tractors, bulldozers, machinery
and equipment.
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.
All vehicles propelled or drawn by power other than muscular power
originally intended for use on public highways.
The Town of Corinth.
[Amended 12-5-1996 by L.L.
No. 2-1996]
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.
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.
