By the adoption of this chapter, the Town Board of the Town of Sand
Lake declares its intent in so doing to be to regulate, control and license
the activities or businesses known as "auto graveyards," "junkyards," secondhand
parts collection areas and the processing and disposal of waste, 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 inflammable 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 inflammable. The tires, plastic
seats, tops and other elements of such autos are also inflammable. 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:
AUTO
Passenger auto, truck, tractor-truck, trailer, bus, motorcycle or
vehicle, however propelled, as well as tractors, bulldozers, machinery and
equipment.
JUNKYARD
Any place for deposit, whether in connection with another business
or not, where two 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 or fabric or 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 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 and whose
principal produce is scrap iron, steel or nonferrous scrap for sale or remelting
purposes only.
PERSON
An individual, an association, a partnership or a corporation.
No person shall engage in or conduct on real property within the Town
of Sand Lake either for himself or herself 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 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 therefor as
hereinafter provided.
The fee for the license shall be set from time to time by resolution
of the Town Board, which fee 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 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
the 31st day of December of the year of such issuance after which a new application
for license must be made yearly if 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 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.