[HISTORY: Adopted by the Town Board of the Town of Tonawanda 7-15-1974 as Chapter 24 of the 1974 Code of the Town of Tonawanda. Amendments noted where applicable.]
The following materials shall be deemed to be "junk, secondhand materials and used materials" within the meaning of this chapter. junk of any kind; 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. 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.
The storage and sale of junk as above defined and the wrecking, junking, dismantling and destruction of automobiles, trucks and other motor vehicles or any other salvage of material shall be permitted only in the General Industrial District in the Town of Tonawanda as defined in the Zoning Local Law of said township.
No person, firm or corporation shall engage in or carry on a retail or wholesale business of buying, selling, storing, collecting, distributing or dealing in any of the materials named in § 121-1 of this chapter, nor conduct what is commonly known as a "junk shop," without first procuring a written permit from the Town Clerk of the Town of Tonawanda or such other officer of said town as may be designated by the Town Board.
Every person, firm or corporation desiring to obtain any such permit in the Town of Tonawanda shall file with the designated official of said town a written verified application describing the character of the business in which the applicant desires to engage, the kind of material which he desires to deal in and the proper designation by street or number or other accurate description of the place where such business is to be conducted and shall furnish proof of his ownership thereof. If not the owner, the applicant shall furnish a verified consent of the owner of said premises where said business is to be conducted and shall furnish such other information as may be required.
All licenses heretofore issued pursuant to the law in effect prior to the date this chapter becomes effective shall be continued in effect according to the provisions thereof, but the renewal of the same shall be in accordance with this chapter.
No person, firm or corporation shall conduct or carry on any business described in this chapter in such manner as to unduly disturb the peace and quiet of the neighborhood or endanger any surrounding property by exposing the same to fire. All premises used for any of the businesses aforesaid shall be kept in a clean and wholesome condition and shall be conducted in full compliance with all the ordinances of the Town of Tonawanda and in accordance with the reasonable rules, regulations and directions of the Police Department and the Town Board.
None of the materials mentioned in the preceding sections shall be sorted, stored or kept in any street or in any yard. All of said materials shall be kept within a building, a covered enclosure or on a premises enclosed by a solid fence or wall having a height of six feet and constructed of new fire-resisting material. Said fence or wall shall be kept well painted at all times and located on the property line.
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.
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 16 years of age any of the aforesaid materials.
Any person, firm or corporation now engaged in the business of operating a junkyard shall, within a period of one year from the effective date of this chapter, cause the premises where said business is operated to be tightly enclosed by a solid fence or wall six feet high.
The fee for the license required by this chapter is hereby fixed at the sum of $200 annually, and said license shall expire on the 31st day of December of each year.
The Town Board, at any time in its discretion, may revoke or suspend the license granted under the authority of this chapter for failure to comply with any of the terms of this chapter or any law or regulation relating to the business of dealing in junk or secondhand materials as defined in this chapter.
[Amended 5-21-1984 by L.L. No. 8-1984]
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.
This chapter shall apply to and be effective in that part of the Town of Tonawanda outside the corporate limits of the Village of Kenmore, Erie County, New York.