[HISTORY: Adopted by the Town Board of the
Town of Niles 7-6-1989 by L.L. No. 1-1989. Amendments noted where
applicable.]
This chapter shall be known as the "Junkyard
Law for the Town of Niles."
This chapter is enacted pursuant to the authority
conferred by Article 2 of the Municipal Home Rule Law of the State
of New York.
It is the purpose of this chapter to license
persons engaged in the business of operating junkyards, to regulate
and control the location of such businesses and to control and designate
the places and areas where abandoned and junked automobiles may be
kept and stored. By so doing, water sources in the town may be protected
from pollutants deriving from any such business which is improperly
placed and maintained, the visual character of the town may be preserved
and circumstances jeopardizing the health and safety of citizens of
the town may be avoided since the unrestricted accumulation of junked
automobiles and material associated with junkyards is a hazard.
[Added 1-9-1997 by L.L. No. 2-1997]
The Town Board of the Town of Niles, Cayuga
County, New York, shall appoint or contract with such person or persons,
agency or agencies, as, in its sole discretion, is necessary for the
proper enforcement of the provisions of this chapter. Such person
or persons, agency or agencies, shall be known as "Town Inspector."
The compensation of such Town Inspector shall be fixed by the Town
Board of the Town of Niles, Cayuga County, New York.
A.
AUTOMOTIVE JUNKYARD
(1)
(2)
(3)
GENERAL JUNKYARD (NOT AUTOMOTIVE)
(1)
(2)
(3)
MOTOR VEHICLE
PERSON
As used in this chapter, the following terms shall
have the meanings indicated:
A junkyard whose principal purpose is to recycle
or process junked motor vehicles and/or self-propelled farm machinery.
This shall include any place of storage or deposit, for any purpose,
of used parts or waste materials from motor vehicles and/or self-propelled
farm machinery which, taken together, equal in bulk two or more such
vehicles or machines. Materials which are incapable of being reused
in some form shall not be placed in any junkyard.
Any land upon which are located two or more
inoperative vehicles, or vehicles which have been unregistered for
a period of 90 days, and which are not stored within a fully enclosed
building, shall be deemed to constitute a junkyard.
Nonfunctional antique or classic automobiles,
and parts thereof, shall not be considered inoperative motor vehicles,
provided that such automobiles are kept out of the public view.
Any land or structure, or combination of land
and structure, used for the storage, baling, packing, sorting, handling,
disassembling, purchase or sale of any material or materials which
are used, salvaged, scrapped or reclaimed, but are capable of being
reused in some form; including but not limited to metals; wastepaper;
rags; fibers; rubber; bottles; machinery which is not self-propelled;
tools; appliances; tires; and motor vehicle parts which, taken together,
equal in bulk fewer than two such vehicles. Material which fails to
meet this definition, because it is discarded and incapable of being
reused in some form, shall not be placed in any junkyard.
Any land upon which are located two or more
household appliances, such as refrigerators, stoves, etc., which are
not stored within a fully enclosed building, shall be deemed to constitute
a junkyard.
Items which derive their value through recognition
as antiques shall not be considered used, salvaged or scrapped, provided
that such items are kept within a fully enclosed building.
Any vehicle propelled or drawn by power other than muscular
power and originally intended for use on public highways, including
major portions of such vehicles.
Any individual, firm, trust, partnership, association, corporation
or other legal entity.
B.
The term "junkyard" shall not be construed to mean
an establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal product is scrap iron, steel or nonferrous
scrap for sale for remelting purposes only.
C.
Items offered "for sale" on premises not operating
as a junkyard as defined herein are included under the provisions
of this chapter unless the items are kept in a fully enclosed building
or are screened from public view, or unless the premises is a "going
business" engaged in the regular sale of such items, has a valid New
York State permit to collect sales tax and has sales of these items
in excess of $5,000 per year.
No person shall operate, establish or maintain
a junkyard until:
A.
Application for the license and certificate of approved
location shall be made, in writing, to the Town Board of the Town
of Niles. The application shall contain a description of the land
to be included within the junkyard and a map, drawn to scale, showing
dimensions of the parcel and the area of the parcel to be devoted
to the junkyard. Any proposed changes to the original usage must be
submitted to the Town Board for approval.
B.
The type of junkyard for which the application is
being made shall be stated as "automotive" or "general." The same
fee shall be charged for either classification. If a permit for both
classifications is being requested, then a fee for each shall be charged.
The separate area to be used for each purpose within the junkyard
shall be clearly identified and the conduct of each activity shall
be strictly maintained within its designated area.
[Amended 10-12-2017 by L.L. No. 3-2017]
A hearing on the application shall be held before
the Town Board not less than two and no more than four weeks from
the date of the receipt of the application by the Town Board. Notice
of the hearing shall be given to the applicant by mail, postage pre-paid,
to the address given in the application, shall be given to all adjacent
property owners by mail, and shall be published once in a newspaper
having a circulation within the Town, which publication shall not
be less than seven days before the date of the hearing.
A.
At the time and place set for the hearing, the Town
Board shall hear the applicant and all other persons wishing to be
heard regarding the application for certificate of approval for the
location of the junkyard. In passing upon the application, and after
receiving proof of the applicant's legal ownership or right to such
use of the property for the license period, the Board shall take into
account the nature and development of surrounding property, such as
the proximity of buildings or structures used as residences, churches,
public buildings or other places of public gathering; whether or not
the proposed location can be reasonably kept from affecting the public
health and safety by reason of offensive or unhealthy odors or smoke
or from other causes; and the environmental impact of the proposed
activity at the proposed location.
B.
No license shall be issued for the establishment of
a new junkyard if any part thereof shall be within 500 feet of any
residence not occupied by the applicant, or of any church, school,
hospital, public building, place of public assembly or lake, or within
100 feet of any watercourse. A "watercourse" is any spring, stream,
marsh or channel of water of any kind depicted on the New York State
Department of Environmental Conservation's (NYSDEC) map of protected
wetlands for the Town of Niles, or shown on a United States Geodetic
Survey map of the area.
C.
In conjunction with this and other sections of the
law, the Town Board shall with a newly established, or expansion of
a presently existing, junkyard set an appropriate amount, cash or
bond, for the faithful and lawful performance as well as termination
of the junkyard operation.
[Added 1-9-1997 by L.L. No. 2-1997]
At the time and place set for the hearing, the
Town Board shall take into account the clean, wholesome and attractive
environment, which is 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 kept from having an unfavorable
effect thereon. In this connection, the Board may consider, collectively,
the type of road serving 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 reasonable
availability of other suitable sites for the junkyard.
A.
At the time and place set for the hearing, the Town
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, the Board shall take
into account the suitability of the applicant with reference to his
ability to comply with the fencing requirements, the current New York
State Fire Code regarding access to areas within the junkyard and
other applicable sections of that code, and other reasonable regulations
concerning the proposed junkyard; any record of conviction for any
type of larceny or receiving of stolen goods; and any other matter
within the purpose of this chapter.
B.
A copy of a current New York State permit for the
type of business must be attached to a license renewal application.
The license will not be renewed without a copy of that form being
submitted.
After the hearing, the Town 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 in the application. If approved,
the license, including the certificate of approved location, shall
be forthwith issued and shall remain in effect until the following
April 1. Approval shall be personal to the applicant and not assignable.
Thereafter, licenses shall be renewed without a hearing, upon payment
of the annual license fee(s); provided that all provisions of this
chapter have been complied with during the license period, the junkyard
has not become a public nuisance under the common law and the applicant
has not been convicted of any type of larceny or the receiving of
stolen goods. The determination of the Town Board may be reviewed
under Article 78 of the Civil Practice Law and Rules.
License fee(s) shall be set by resolution of
the Town Board, and may be charged from time to time by further resolution
of said Board. They shall be paid at the time application is made,
and annually thereafter in the event of renewal. Should the application
not be granted, the fee(s) shall be returned to the applicant. In
addition to the license fee, the applicant shall be assessed the cost
of publishing the notice of hearing on the application and such other
reasonable costs incident to the hearing as are clearly attributable
thereto, and the issuance of the license is conditioned upon payment
of the same.
A.
Before use, a new junkyard shall be completely enclosed
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 the junkyard or when the applicant or his agent
shall be within. Such fence shall be erected not less than 75 feet
from the center line of the public right-of-way fronting the area
designated for use as a junkyard. The land situated between the center
line of the public right-of-way and for that distance of 75 feet in
depth, along the entire frontage of the land used as a junkyard, shall
not be used for any activity related to the junkyard operation, except
ingress and egress. The fence shall be constructed in a workmanlike
manner, using uniform materials so as to be reasonably attractive
to the general public. Specifically, junk materials such as portions
of motor vehicle bodies, castoff roofing materials, previously used
sheet metals and similar scrap materials are not suitable for use
as fencing as required herein.
B.
Where the topography, natural growth of timber or
other considerations accomplish the purpose of this chapter, in whole
or in part, the fencing requirements may be reduced by the Town Board
upon granting the license; provided, however, that such natural barriers
conform with the purpose of this chapter. The use of evergreen trees
would be permitted if they are planted in a double, staggered row
which totally screens the contents of the junkyard from view. In the
event that the evergreen trees proposed to be used are not at least
10 feet tall, fencing must still be provided until the trees attain
sufficient growth to meet this requirement. Deciduous trees of any
kind are unacceptable unless they are on property owned by the operator
of the junkyard and are at least 50 feet in depth, thus providing
proper screening even when leafless.
C.
All items and materials handled by a junkyard, including
all motor vehicles and parts thereof, must be kept within the enclosure
of the junkyard, except as removal shall be necessary for the transportation
of the same in the reasonable course of business. All wrecking or
other work on motor vehicles and parts, and all burning of the same
(if allowed by Environmental Protection Agency or New York State Department
of Environmental Conservation regulations in force and as may be amended)
shall be accomplished within the enclosure.
D.
Farm or construction equipment or other machinery.
(1)
Farm or construction equipment or other machinery
retained for the salvage of parts for use in repairing or maintaining
in operable condition equipment used in any business conducted by
the owner of the equipment or business shall not be considered junk,
provided that the owner of such materials shall keep them screened
from public view by:
(2)
This provision shall not apply to any business involved
in any way in the accumulation and/or resale of scrapped or discarded
materials, equipment or motor vehicles.
A.
For the purpose of this chapter, the location of junkyards which are already established and in compliance with all applicable federal, state and county laws on the day this chapter becomes effective shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license. However, within 60 days from the passage of this chapter, the owner shall furnish the Town Board with the information as to location which is required in an application, together with the license fee(s). The Town Board shall issue him a license valid until the next April 1, at which time he may apply for renewal as herein provided. A copy of a current New York State permit for the type of business must be attached to the license renewal application. The license will not be renewed without a copy of that form being submitted. At the time of such renewal, the owner shall be in compliance with all provisions of this chapter, including the fencing requirements set forth in § 123-14 hereof, as well as all applicable federal, state and county laws.
B.
The owner of any established junkyard which would
be in violation of this chapter due to the location of buildings or
other structures shall indicate on the map submitted with the application
the location and usage of such structures or buildings. Reasonable
accommodation of such existing violation shall be made by the Town
Board. The activities conducted in or near such structures should
be diverse enough not to be confused with the activities conducted
by the junkyard operation.
A.
No junkyard, either new or established, shall be permitted
to handle, store or process in any way any type of hazardous materials,
as defined by the NYSDEC and other federal, state and county government
agencies, whether the nature of such materials be explosive, poisonous,
radioactive or other type of hazardous substance. Since the town has
no one trained in the handling or nature of such materials in the
event of fire, explosion or other unforeseen danger, it is deemed
unsafe to allow their accumulation, handling or processing within
the Town of Niles. Any violation of this prohibition by the operator
of any junkyard is cause for immediate revocation of his or her license
and makes him or her subject to prosecution under all applicable laws.
Fluids commonly found in use in motor vehicles are exempted from this
provision, except that they must be handled in compliance with current
NYSDEC regulations and provisions of the New York State Fire Code.
Care must be taken to avoid any pollution of the environment by liquids
or other noxious substances.
A.
It shall be unlawful for any person to operate a junkyard
in violation of the provisions of this chapter. Upon conviction, such
person shall be guilty of an offense punishable by a fine not to exceed
$250 or imprisonment for a period of time not to exceed 15 days, or
both, for each violation. Each week the violation continue shall constitute
a separate offense.
B.
Anyone charged with operating an illegal junkyard
will be issued a warning by the Town Inspector informing the operator
of the violation. The operator will have 30 days to correct the violation.
Upon being notified by the operator that the violation has been corrected,
the Town Inspector will verify the correction. If not so notified,
the Town Inspector will inspect the site of the violation at the end
of the thirty-day period allowed. If the violation has not been corrected,
the Town Board is empowered to remedy the violation and the expenses
incurred for doing so will be billed to the property owner. The charges
must be paid within 30 days of the presentation of the bill. If they
remain unpaid after 30 days, the charges will be added to the next
property tax bill and treated as if they were part of the regular
taxes.
This chapter may be amended as provided by Town
Law.
