[HISTORY: Adopted by the Town Board of the
Town of Conesus as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-21-2003 by L.L. No. 1-2003;
amended in its entirety 1-15-2013 by L.L. No. 1-2013]
This article is adopted pursuant to the authority granted the
Town in § 10 of the Municipal Home Rule Law and in § 130(15)
of the Town Law.
This article shall be known as the "Town of Conesus Junk Storage
Law: Amended January 15, 2013."
A.
By adoption of this article the Town of Conesus declares its intent
to regulate and control the storage or keeping of junk on both residential
and commercial properties. The Town Board hereby declares that a clean,
wholesome, and attractive environment is of vital importance to the
continued general welfare of its citizens, and that junk can constitute
a hazard to property and persons and can be a public nuisance. The
presence of junk is unsightly and tends to detract from the value
of surrounding properties.
B.
The purpose of this article is to further:
(1)
Avoid, prevent and eliminate conditions, which, if permitted to exist
or continue, will depreciate or tend to depreciate the value of adjacent
or surrounding properties.
(2)
Preserve property values in the Town of Conesus.
(3)
Maintain the value and economic health of the commercial properties
and businesses that serve and support the Town of Conesus and its
citizens.
Where the conditions imposed by any provision of this article
are more restrictive than comparable conditions imposed by any other
law, ordinance, resolution, rule or regulation of any kind, the regulations
which are more restrictive or which impose higher standards or requirements
shall govern.
For the purpose of this article, the following words and phrases
shall have the meaning ascribed to them in this article:
Any person appointed by the Town Board to represent them
in particular matters pertaining to this article.
The outdoor storage or deposit of any, but not limited to,
of the following shall constitute junk:[1]
One or more junk motor vehicles (as defined below).
One or more abandoned or inoperable appliances, including, but
not limited to, any stove, washing machine, dryer, dishwasher, refrigerator,
freezer, television, computer equipment, hot-water heater, water purification
unit or other household device or equipment abandoned, junked, discarded
or wholly or partially dismantled, or otherwise left unhoused or otherwise
left exposed to the element, no longer intended or in the condition
for ordinary use.
One or more abandoned or irreparably damaged pieces of indoor
or outdoor furniture, including, but not limited to, sofas, lounge
chairs, mattresses, bed frames, desks, tables, chairs and chests of
drawers.
One or more items of abandoned, discarded, or obviously unusable
lawn or garden equipment.
One or more boat or watercraft not able to be used.
One or more items of recreational equipment not able to be used.
One or more kitchen or bathroom fixtures, including, but not
limited to, sinks, toilets, tubs, showers, and faucets.
A structure, transportable in one or more sections, built
on a permanent chassis and designed to be used as a dwelling unit,
which is currently not inhabited and is no longer habitable under
the New York State Uniform Fire Prevention and Building Code. Includes
mobile homes, manufactured homes.
Except as provided for in statute or other regulations, one
or more inoperative or unlicensed motor vehicles shall not be parked,
kept or stored on any premises, and no vehicle shall at any time be
in a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Exceptions:[2]
A vehicle of any type is permitted to undergo major overhaul,
including bodywork, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
The areas of any parcel of land or body of water used for
the placement, storage or deposit of junk other than a commercial
junkyard.
A commercial enterprise that recycles material and/or sells
used parts of all sorts. Any junkyard will require a junkyard permit
from the Town of Conesus. The junkyard enterprise must demonstrate
the possession of all applicable Town, county, state and federal permits
for this type of operation.
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
York or its governmental agencies or the ordinances or local laws
of the Town. Any physical condition existing in or on the exterior
of any premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where such condition exists.
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, including, but not limited to, garbage,
trash, ashes, paper, paper goods and products, wrappings, cans, bottles,
containers, yard clippings, garden waste, debris, junk, glass, boxes,
crockery, wood, mineral matter, plastic, rubber, leather, furniture,
household goods, appliances, bedding, scrap metal, construction material,
inoperable machinery or parts thereof, garden implements and supplies,
dead or rotting vegetation, tires, abandoned, inoperative or unusable
automobiles and vehicles and solid commercial or industrial waste.
See definition above for "junkyard."
The exterior of all premises shall be kept free of the following
matter, material, or conditions:
A.
Refuse or rubbish or junk as hereinbefore defined.
B.
Abandoned iceboxes, refrigerators, heaters, television sets and other
similar major appliances.
C.
Rodents, vermin, pest infestations or rodent harborages.
D.
Nuisances as hereinbefore defined.
E.
Junk manufactured homes as hereinbefore defined.
F.
Junk motor vehicles as hereinbefore defined.
A.
Whenever the Code Enforcement Officer determines that there has been
a violation or that there are reasonable grounds to believe that there
has been a violation of any provision of this article, said officer
shall give written notice of such violation or alleged violation to
the person or persons responsible for such violation. Such persons
shall include both the owner and occupant in the event the occupant
is not the owner, if known.
B.
Such notice shall:
(1)
Specify in detail the factual basis for the alleged violation;
(2)
Provide 15 days for compliance measured from the date of posting
said notice as hereafter described or such lesser period of time when
an emergency exists as may be determined by the Code Enforcement Officer;
(3)
The Code Enforcement Officer may, for good cause shown, in said officer's
discretion, extend the compliance time specified in any notice or
order issued under the provisions of this article;
(4)
It shall be sufficient service of a notice and order of the Code
Enforcement Officer if said notice is posted in a conspicuous place
upon the premises affected and a copy thereof mailed to the person
to whom it is directed at the address filed by such person with the
Town Clerk, and, if such person's address is not so filed in the office
of the Town Clerk, then in such case such notice shall be sent by
certified mail to such person's last known address or place of residence.
C.
The owner or the occupant shall have the right of appeal from the decision or actions of the Code Enforcement Officer pursuant to Subsection B herein by filing a written notice of appeal specifying the grounds for the appeal with both the Town Clerk and with the Code Enforcement Officer. Such notice of appeal must be filed within 10 days of the positing of such notice as heretofore required. Such appeal shall be heard and determined by the Town Board at its next scheduled public meeting when both the Code Enforcement Officer and the owner or occupant shall present their respective positions with evidentiary proof. Further proceedings under this article shall be stayed from the filing of the notice of appeal hereunder until a determination by the Town Board as herein provided for.
A.
If the owner or occupant, in the event such person is not the owner,
fails to comply with the notice of violation within 20 days after
the notice is sent, the Code Enforcement Officer may have the owner's
compliance duties discharged by Town employees or contractors. It
shall be the personal obligation of the owner to reimburse the Town
for its expenses incurred in discharging said owner's responsibilities
regardless of whether the owner is the occupant of said premises.
B.
The expense incurred by the Town hereunder, plus 15% of such amount,
shall be charged to and paid by the persons responsible for such violation.
The Code Enforcement Officer shall file with the Town Assessor a statement
of the items of expense, including the surcharge authorized hereunder,
and the date of execution of actions authorized hereunder. The Town
Assessor shall proceed to collect said sums owing to the Town by adding
them to the next year's property tax of such property and in any manner
provided by law if in the meantime said amount is not paid by the
person responsible.
A.
The owner or occupant of any such place of business or residence,
or any person who commits or permits any acts in violation or any
of the provisions of this article or fails to comply with the provisions
thereof shall be deemed to have committed an offense against such
article and also 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 less than $200
nor more than $500 per day for each offense. Each day that such violation
continues shall constitute a separate violation.[1]
C.
The notice of violation shall specify the last date when each violation
shall be corrected but not more than 30 days after posting of the
required notice. The Code Enforcement Officer may postpone the last
day when a violation shall be corrected upon a showing by the owner
or other responsible person that said person has begun to correct
the violation but full correction of the violation cannot be completed
within the time provided because of technical difficulties, inability
to obtain necessary materials or labor, or inability to gain access
to the premises where the violation occurs.
D.
The Town Attorney or Code Enforcement Officer may maintain an action or special proceeding in a court of competent jurisdiction for the recovery of civil penalties as herein described in Subsection B, together with costs and disbursements.
E.
The defendant or respondent in any action or proceeding for civil
penalties may show, in mitigation of his or her liability:
(1)
That the violation giving rise to the action was caused by the willful
act, or gross negligence, neglect or abuse of another; or
(2)
That he or she has begun to correct the violation properly upon receipt
of notice thereof, but that full correction could not be completed
within the time provided because of technical difficulties.
F.
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 violation of such article.
[Adopted 6-3-2003 by L.L. No. 3-2003]
This article is adopted pursuant to the authority
granted the Town of Conesus in § 10 of the Municipal Home
Rule Law and in § 130(15) of the Town Law.
This article shall be known as the “Town
of Conesus Junk/Salvage Yard Law.”
By adoption of this article the Town of Conesus
declares its intent to regulate and control the storage and presence
of junk on commercial properties. The Town Board hereby declares that
a clean, wholesome and attractive environment is of vital importance
to the continued general health and welfare of the citizens of the
Town of Conesus. Unregulated and uncontrolled junk constitutes a hazard
to property and persons, and a public nuisance. Such materials may
be highly flammable and sometimes explosive. Junk, particularly junked
vehicles, may become attractive nuisances to children thereby posing
potential hazards and health threats. The presence of junk is unsightly
and tends to detract from the community’s property values unless
properly controlled and screened from view.
For the purpose of this article, the following
words and phrases shall have the meanings ascribed to them in this
article.
Any person appointed by the Town Board to represent it in
particular matters pertaining to this article, hereinafter referred
to as “CEO.”
The Town Board of the Town of Conesus, or any duly constituted
board of the Town (e.g., Planning Board, Zoning Board of Appeals)
so delegated by the Town Board to render a decision, carry out duties
on a specific topic or issue, or act on a portion of a resolution.
The outdoor storage or deposit of, but not limited to, any
of the following shall constitute junk:
One or more junk motor vehicles (as defined
below).[1]
One or more abandoned or inoperable appliances,
including, but not limited to, any stove, washing machine, dryer,
dishwasher, refrigerators, freezer, television, computer equipment,
hot water heater, water purification units or other household device
or equipment abandoned, junked, discarded or wholly or partially dismantled,
or otherwise left unhoused or otherwise left exposed to the element,
no longer intended or in the condition for ordinary use.
One or more abandoned or irreparably damaged
pieces of indoor or outdoor furniture, including, but not limited
to, sofas, lounge chairs, mattresses, bed frames, desks, tables, chairs
and chests of drawers.
One or more items of abandoned, discarded, or
obviously unusable lawn or garden equipment.
One or more boat or watercraft not able to be
used.
One or more items of recreational equipment
not able to be used.
One or more kitchen or bathroom fixtures, including,
but not limited to, sinks, toilets, tubs, showers, and faucets.
A structure, transportable in one or more sections, built
on a permanent chassis and designed to be used as a dwelling unit,
which is currently not inhabited and is no longer habitable under
the New York State Uniform Fire Prevention and Building Code; includes
mobile homes, manufactured homes.
An unregistered vehicle, or a vehicle no longer intended
or in condition for legal use on the public highways; or accumulated
used or dismantled parts or materials from motor vehicles shall qualify.
The areas of any parcel of land or body of water used for
the placement, storage or deposit of junk other than a commercial
junkyard.
A commercial enterprise that recycles material and/or sells
used parts of all sorts. Any junkyard will require a junkyard permit
from the Town of Conesus. The junkyard enterprise must demonstrate
the possession of all applicable Town, county, state and federal permits
for this type of operation.
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New York or its governmental agencies or the ordinances or
local laws of the Town of Conesus.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of the premises where such condition
exists.
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, including, but not limited to, garbage,
trash, ashes, paper, paper goods and products, wrappings, cans, bottles,
containers, yard clippings, garden waste, debris, junk, glass, boxes,
crockery, wood, mineral matter, plastic, rubber, leather, furniture,
household goods, appliances, bedding, scrap metal, construction material,
inoperable machinery or parts thereof, garden implements and supplies,
dead or rotting vegetation, tires, abandoned, inoperative or unusable
automobiles and vehicles and solid commercial or industrial waste.
See definition above for “junkyard.”
A.
A junk/salvage yard shall only be permitted in the
Agricultural/Rural Residential (ARR) Zoning District of the Town of
Conesus.
B.
No junk storage area shall be located within:
(1)
Two hundred feet of any adjoining property line.
(2)
Two hundred feet of any public park, church, educational
facility, nursing home, public building, or other place of public
assembly (as defined by the NYS Uniform Code).
(3)
Two hundred feet of any stream, lake, pond, non-DEC
(Department of Environmental Conservation) wetland or other body of
water.
(4)
One-hundred-foot setback for any project involving
a NYSDEC (New York State Department of Environmental Conservation)
wetland, which also requires DEC inspection and approval.
(5)
Two hundred feet from the right-of-way of any public
roadway.
C.
No junk items shall be allowed to infringe upon, or
be stored in, or displayed for sale, in any of the above stated setback
areas.
A.
There must be erected and maintained a fence a minimum
of eight feet high enclosing the entire junk/salvage yard area constructed
from uniform material approved by the Governing Board.
B.
There must be a locking gate installed that is adequate
to prohibit the entrance of children, animals, and the public into
the areas of the activity or business.
C.
The fencing shall contain and be the boundary for
the materials dealt with by the operator of the junk/salvage yard.
D.
Fencing is to be placed at the required junk/salvage
yard setbacks as mentioned above.
E.
Fencing shall be completely around the junkyard perimeter.
F.
The fence shall have its most pleasant or decorative
side facing the adjacent properties and roadway(s).
G.
The fence posts and other supporting structures of
the fence shall face the interior of the area fenced.
H.
Fencing shall be kept in good repair at all times,
and at no time unsightly or a nuisance.
Where a junk/salvage yard is or would be visible from a public roadway, or from neighboring properties, the fence mandated in § 100-15, Fencing, shall be sufficient to totally screen the junkyard from view. Such screening may be supplemented by adequate planting of evergreen trees or appropriate shrubbery as deemed compliant with the intent of this section by the Governing Board of the Town of Conesus.
No materials shall be burned in a junk/salvage
yard except in compliance with the New York State Solid Waste Disposal
Law (See 6 NYCRR Part 215) and the New York State Uniform Building
and Fire Prevention Code (hereafter referred to as the “NYS
Uniform Code”).
No junk/salvage yard item(s) or item(s) defined as junk in § 100-13, Definitions, shall be buried on the premises of a junk/salvage yard operation except in compliance with the New York State Solid Waste Disposal Law (See 6 NYCRR Part 360) and the NYS Uniform Code.
No junk/salvage yard item(s) shall be stored
on the premises of a junk/salvage yard operation area other than those
items specified on a junk/salvage yard permit approved and issued
by the CEO after approval from the Governing Board of the Town of
Conesus pursuant to this article.
A.
No person shall establish, maintain, or continue to
have a junk/salvage yard within the Town of Conesus unless a permit
has first been issued allowing for a junk/salvage yard on the proposed
property pursuant to this article.
B.
No person owning, having any right to, or any interest
in, any real property within the Town of Conesus shall license, rent,
lease, or otherwise allow the use of such real property, or any part
thereof, for a junk/salvage yard unless the Town of Conesus has issued
a permit for such junk/salvage yard pursuant to this article.
C.
All permits shall be issued for a period of one year
at the fee set forth in the Town of Conesus Fee Schedule, at the time
of issuance.[1] A reclamation bond shall be issued to the Town of Conesus,
amount to be established by the Governing Board based on the configuration,
size, etc., of the proposed business.
[1]
Editor’s Note: The Schedule of Fees
is on file in the Town offices.
D.
Annual renewal shall be required at the fee set forth
in the Town of Conesus Fee Schedule, in effect at the time of issuance.
E.
The renewal permit shall be issued after the payment
of the renewal fee and an annual inspection is completed as required
by the NYS Uniform Code
F.
No renewal permit shall be issued to any junk/salvage
yard while any violation(s) of the Town of Conesus Laws or the NYS
Uniform Code exist, and until noncompliant issues are corrected to
the satisfaction of the CEO.
A.
Any person maintaining a preexisting junk/salvage
yard prior to the effective date of this article within the Town of
Conesus shall apply for a permit within 90 days of the adoption of
this article, Junkyards.
B.
If the preexisting junk/salvage yard is approved by the Governing Board and is in possession of all necessary DEC (Department of Environmental Conservation) permits (if any are required) but the junk/salvage yard does not meet the requirements of §§ 100-20 and 100-21 herein, a temporary permit shall be granted during which time the junk/salvage yard area shall be arranged and updated to comply, as much as physically possible, with the requirements as determined by the CEO.
C.
The existing setbacks from all property lines must
be notated by the CEO and maintained by the established junk/salvage
yard at all times. However, concerning preexisting junk/salvage yard
operations that shall be allowed to continue in the Town of Conesus,
it shall be required that in no circumstance shall the setbacks from
side and back property lines and from the center line of any roadway(s)
be less than 50 feet.
D.
If at the end of the designated period that was established
by the Governing Board at the time of permit approval, the junk/salvage
yard has not been arranged to comply with stated requirements, such
person(s) shall cease and desist from maintaining a junk/salvage yard.
The operator(s)/owner(s) shall remove completely from the premises,
within 90 days from notification by the CEO of the Town of Conesus,
all junk/salvage and similar items at their expense and to the satisfaction
of the CEO. Should the Town of Conesus incur any expense(s), these
expenses shall be withdrawn from the reclamation bond established
at time of application.
The applicant for a junk/salvage yard permit
shall obtain application forms from the Town Clerk. The completed
forms, along with one legible, acceptable copy of the proposed site
plan, and the appropriate fees, shall be returned to the Clerk. The
Clerk shall submit the application materials to the Code Enforcement
Officer. The Code Enforcement Officer shall then review and refer
the application materials to the Governing Board for its review.
The site plan shall be drawn to scale, indicate
all dimensions and show all:
A.
Existing and proposed structures, including fences
and proposed vegetative screening.
B.
Property lines including the names of owners of adjacent
property.
C.
Streams, lakes, wetlands, floodplains, and other water
bodies.
D.
Wells and sanitary facilities (public or private).
E.
Roads and easements.
F.
Existing and proposed junk/salvage yard areas.
G.
Existing and proposed accessways, emergency lanes,
retail sales area(s), parking area(s) and loading area(s).
H.
Areas and equipment for waste product handling, storage
and removal (e.g., gas, oil, coolant, batteries, transmission fluid,
filters, etc.).
An Environmental Assessment Form (EAF) shall
be completed and submitted with all applications pursuant to the provisions
of SEQR (the State Environmental Quality Review Act, 6 NYCRR Part
617). All junk/salvage yard applications shall be considered a Type
I action under SEQR, and an application cannot be deemed complete
until the SEQR process has been completed.
An application fee as stated by the Town of
Conesus Fee Schedule,[1] as set by the Town of Conesus Town Board, shall accompany
all applications.
[1]
Editor’s Note: The Schedule of Fees
is on file in the Town offices.
The Governing Board shall fix a time within
62 days of the date a complete application is received for public
hearing after approval. Notice of the hearing shall be made in the
official newspaper at least five days prior to the date thereof. At
the hearing the Governing Board shall hear the applicant and all other
persons wishing to be heard on the application for the junk/salvage
yard permit.
[Amended 6-6-2023 by L.L. No. 5-2023]
Within 62 days of said hearing, the Governing Board shall render a decision to approve, approve subject to conditions, or disapprove the application for a junk/salvage yard permit. The sixty-two-day period may be extended by mutual consent of the applicant and the Governing Board to a maximum of 90 days. All findings of the Governing Board shall be entered into the official minutes of the Governing Board. The decision of the Governing Board shall be filed in the office of the Town Clerk within five business days of being rendered. The applicant shall be notified of the decision and the reasons for such decision by certified mail within five business days of the filing of the decision of the Governing Board. Upon approval of the site plan and application, and the applicant’s payment of the designated fees and, in accordance with Chapter 117 of the Town Code, reimbursable costs due to the Town of Conesus, the Governing Board shall endorse its approval upon a copy of the final site and application.
A.
If the application is approved by the Governing Board,
the CEO shall issue a junk/salvage yard permit.
B.
If the Governing Board approves the application with
conditions, the CEO shall issue a junk/salvage yard permit when said
conditions have been complied with as set forth by the Governing Board,
this article and the NYS Uniform Code.
The Governing Board shall take the following
aesthetic factors into consideration:
A.
Type of roadway(s) servicing the junk/salvage yard
area.
B.
Type of roadway(s) from which the junk/salvage yard
is visible.
C.
Natural or artificial barriers protecting the junkyard
from view.
D.
Proximity of the site to the established residential
and recreational areas.
E.
The main access routes adjacent to and in proximity
to the junk/salvage yard.
The Governing Board shall take the following
location factors into consideration:
A.
The nature and development of surrounding property
such as the proximity of public parks, churches, educational facilities,
nursing homes, public buildings, or places of public gathering.
B.
Whether or not the proposed location can be reasonably
protected from affecting the public health and safety by reason of
offensive or unhealthy noise, odors or smoke, or other noxious emissions
and causes.
C.
The proximity of streams, lakes, wetlands, floodplains,
groundwater supplies, and public water supplies.
D.
Local drainage patterns or problems, especially soil
erosion concerns.
E.
Long-range comprehensive plans for the Town.
F.
Proximity of the site to established residential and/or
recreational areas.
G.
Availability of other suitable sites for the junk/salvage
yard operation.
A.
The CEO shall, upon request of the Governing Board
of the Town of Conesus, make inspections of the premises of any junk/salvage
yard for which application for a permit has been made, or any other
existing junk/salvage yard within the Town. The CEO shall report to
the requesting body on the conditions of such junk/salvage yard. The
CEO shall enter the premises of any private property with the consent
of the owner but may also make an evaluation from any public way.
B.
The CEO shall make periodic inspections to ensure
that all junk/salvage yards have permits and that the requirements
of this article are being complied with as listed. Any observed violations
shall be reported to the Governing Board.
C.
The CEO shall enter the premises of any private property
with the consent of the owner but it shall always be the responsibility
of the applicant to arrange for all required inspections of the premises
prior to permit issuance or renewal.
The Governing Board may revoke a junk/salvage
yard permit should the applicant fail to comply with any provision(s)
or standard(s) of this article or any other Town or state law. Should
the Governing Board decide to revoke a permit, the reason for such
revocation shall be stated in the minutes of the Governing Board and
a public hearing scheduled. The permit holder shall be immediately
notified of the date for public hearing. If not present at the public
hearing and the permit is revoked, the permit holder shall be notified
of the revocation by certified mail. Such person(s) shall cease and
desist from maintaining a junk/salvage yard. The operator(s)/owner(s)
shall remove completely from the premises, within 90 days from notification
by the CEO of the Town of Conesus, all junk/salvage and similar items
at their expense and to the satisfaction of the CEO. Should the Town
of Conesus incur any expense(s), these expenses shall be withdrawn
from the reclamation bond established at time of application.
A.
Any person or corporation who shall violate any of
the provisions of this article shall be guilty of an offense and,
upon conviction, shall be subject to a maximum of one year in jail,
a fine not more than $1,000 per day, or both, or by a penalty of $500
per day to be recovered by the Town in a civil action. Every such
person or corporation shall be deemed guilty of a separate offense
for each day such violation, disobedience, omission, neglect or refusal
shall continue.[1]
B.
In addition to the above provided penalties, the Governing
Board of the Town of Conesus may also maintain an action or proceeding
in the name of the Town of Conesus in a court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any section in this article.
