[HISTORY: Adopted by the Town Board of the Town of Athens as indicated
in article histories. Amendments noted where applicable.]
[Adopted 12-4-1962; amended in its entirety 9-25-2000
by L.L. No. 3-2000]
A clean, wholesome, attractive environment is declared to be important
to the health and safety of the inhabitants and the safeguarding of their
material rights against unwarrantable invasion, and, in addition, such an
environment is deemed essential to the maintenance and continued development
of the economy of the Town and the general welfare of its citizens. It is
further declared that the unrestrained accumulation of junk motor vehicles
is a hazard to such health, safety and welfare of citizens of the Town necessitating
the regulation, restraint and elimination thereof. At the same time, it is
recognized that the maintenance of motor vehicle junkyards, as hereinafter
defined, is a useful and necessary business and ought to be encouraged when
not in conflict with the express purposes of this article.
[Amended 12-15-2003 by L.L. No. 7-2003]
As used in the article, the following terms shall have the meanings
indicated:
All vehicles propelled or drawn by power, other than muscular power,
originally intended for use on public highways.
Any place of storage or deposit, whether in connection with another
business or not, where: (1) two or more unregistered motor vehicles are held,
or (2) two or more old or secondhand motor vehicles no longer intended or
in condition for legal use on the public highways are held, whether (a) for
the purpose of resale of used parts therefrom, or (b) for the purpose of reclaiming
for use some or all of the materials therein, whether metal, glass, fabric,
or otherwise, or (c) for any other purpose. Such term shall include, but is
not limited to, any place of storage or deposit for any such purposes of used
parts or waste materials from motor vehicles which, when taken together, equal
in bulk two or more such vehicles; provided, however, that the term "motor
vehicle 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.
In addition, the term "motor vehicle junkyard" shall not include auto restoration
facilities when vehicles are entirely enclosed in a garage or other permanent
storage facility for the purpose of restoration.
Includes an individual, society, club, firm, partnership, proprietorship,
corporation or association of persons, and the singular number shall include
the plural number.
The Town of Athens.
No person shall operate, establish or maintain a motor vehicle junkyard
until he or she has obtained a license to operate a motor vehicle junkyard
business and has obtained a certificate of approval for the location of such
motor vehicle junkyard.
A.
Each applicant for a license hereunder shall execute
under oath an application therefor to be supplied to the applicant by the
Town Clerk which shall contain the following information:
(1)
That the applicant is over 21 years of age, is a citizen
of the United States, 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
the activity or business for which the license is sought;
(2)
A description of the exact type of business the applicant
intends to conduct;
(3)
The nature of the materials the applicant intends to
handle;
(4)
The number of employees the applicant intends to engage;
and
(5)
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.
B.
At the time of making the application, the applicant
shall submit to and file with the Town Clerk 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:
(1)
The area of such real property which is proposed to be
used for such purposes;
(2)
The location of the fence required hereunder indicated
thereon, as well as the location of any buildings on such land;
(3)
The location of any streets or highways abutting or passing
through such land; and
(4)
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 or
business pursuant to the regulations set forth in this article and that upon
failure to do so such license may be revoked.
D.
The application shall be accompanied by a certificate
from the Code Enforcement Officer that the proposed location is within the
established zoning ordinance for such industry.
A.
A hearing on the application shall be held within the
Town not less than two nor more than six weeks from the date of the receipt
of the application by the Town Board.
B.
Notice of the hearing shall be given to the applicant
by mail, postage prepaid, to the address given in the application and shall
be published once in a newspaper having a circulation within the Town, which
publication shall be not less than seven days before the date of the hearing.
At the time and place set for hearing, the Town Board shall hear the
applicant and/or owner and all other persons wishing to be heard on the application
for a license to operate, establish or maintain the motor vehicle junkyard.
At the time and place set for hearing the Town Board shall hear the
applicant and all other persons wishing to be heard on the application for
certificate of approval for the location of the motor vehicle junkyard. In
passing upon the same, it shall take into account, after proof of legal ownership,
the nature and development of surrounding property, such as the proximity
of churches, schools, hospitals, public buildings or other places of public
gathering, and whether or not the proposed location can be reasonably protected
from affecting the public health and safety by reason of offensive or unhealthy
odors, smoke, noise, conditions affecting visibility or other causes.
At the hearing regarding location of the motor vehicle junkyard, the
Town Board may also take into account the clean, wholesome and attractive
environment which has been 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 protected from having an unfavorable effect thereon.
In this connection, the Town Board may consider collectively the type of road
servicing the motor vehicle junkyard or from which the motor vehicle junkyard
may be seen, the natural or artificial barriers protecting the motor vehicle
junkyard from view and the proximity of the proposed motor vehicle junkyard
to established residential and recreational areas or main access routes thereto,
as well as the reasonable availability of other suitable sites for the motor
vehicle junkyard.
After the hearing, the Town Board shall, within five weeks, make a finding
as to whether or not the application should be granted, giving notice of its
finding to the applicant by mail, postage prepaid, to the address given on
the application. If approved, the license, including the certificate of approved
location, shall be forthwith issued to remain in effect until the following
January 1. Approval shall be personal to the applicant and not assignable.
Licenses shall be renewed thereafter upon payment of the annual license fee
without hearing, provided that all provisions of this article are complied
with during the license period, the motor vehicle junkyard does not become
a public nuisance under the common law and the applicant is not convicted
of any type of misdemeanor or felony that reasonably affects the ability of
the licensee to operate a motor vehicle junkyard. The determination of the
Town Board may be reviewed under Article 78 of the Civil Practice Law and
Rules.
The annual license fee, which shall be nonrefundable, shall be paid
at the time the application is made and annually thereafter in the event of
renewal. The amount of the license fee will be set from time to time by the
Town Board by resolution. The Town, in addition to the license fee, may assess
the applicant with the costs of advertising such application and such other
reasonable costs incident to the hearing as are clearly attributable thereto
and may make the license conditional upon payment of the same.
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 a 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 an eight-foot wire
fence of close mesh or one made of wood or of other material adequate to prohibit
the entrance of children and others into the area of the activity or business
and to contain within such fence the materials dealt in by the licensee. Such
fence shall be 50 feet from any boundary line. All the materials dealt in
by the licensee shall be kept within such fence, or where suitably screened
under cover, at all times.
D.
Inside and adjacent to and contiguous with such fence
a strip of land at least 20 feet in width shall be kept free of all dry grass
or other growth or other combustible material so as to provide a fire lane
or line around the whole area where the activity or business of the licensee
is being conducted.
E.
There shall be maintained at each such 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 fire
extinguisher shall be hung or mounted in a conspicuous place, clearly marked
and available.
F.
When the area is not supervised by the licensee or his
or her employees, the fence shall be locked at a secure gate in a secure manner.
G.
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.
H.
The area of the licensee's activity or business
shall not be used as a dump area nor as a place for the burning and disposal
of junk or trash.
I.
The local police, the Town Clerk or the Town Board or
any of its representatives shall be granted access to the area of the activity
or business of the licensee at all reasonable hours to inspect the same for
compliance herewith.
J.
Where the topography, natural growth of timber or other
considerations accomplish the purposes of this article in whole or in part,
the fencing requirements hereunder may be reduced by the Town Board, upon
granting the license; provided, however, that such natural barrier conforms
to the purposes of this article.
For the purposes of this article, the location of motor vehicle junkyards already established and licensed under the ordinance of 1962, Licensing and Regulating Dealers in Secondhand Junk and Auto Parts Activities and Businesses, shall be considered approved by the Town Board of the Town where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this article, however, the owner shall furnish the Town Board the information as to location which is required in an application, together with the license fee, and the Town Board shall issue the owner a license valid until the next January 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this article, including the fencing requirements set forth in § 116-11 of this article.
Notwithstanding any of the foregoing provisions of this article, no
motor vehicle junkyard hereafter established shall be licensed to operate
if such yard or any part thereof shall be within 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
article shall be deemed to have committed an offense against such article
and also shall be liable for any such violation or the penalty therefor. Each
day such violation shall continue or be permitted to exist shall constitute
a separate violation.
B.
For every violation of any provision of this article
the person violating the same shall be subject to a fine of not more than
$250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
C.
Conviction for any above-mentioned violation shall constitute
and effect an immediate forfeiture of this license.
D.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violations of such article.
The Town Board, or its designated representative, is hereby authorized
and empowered to order, in writing, the remedying of all conditions found
to exist in or on any premises in violation of this article.
[Amended 12-15-2003 by L.L. No. 7-2003]
After receiving a complaint or discovering what is believed to be a
violation of this article, the Code Enforcement Officer may issue an appearance
ticket to the property owner of record. Assistance may be requested from the
Attorney that represents the Town of Athens in preparing the documentation
that will be required by the Town Court.
