[HISTORY: Adopted by the Town Board of the
Town of Wawayanda 4-4-1968. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 152.
A clean, wholesome, attractive environment is
declared to be of importance to the health and safety of the inhabitants
of the Town and to the safeguarding of their material rights against
unwarrantable invasion, and in addition, such 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 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 section.
A.
JUNKYARD
MOTOR VEHICLE
NO LONGER IN CONDITION FOR LEGAL USE ON THE PUBLIC HIGHWAYS
For the purpose of this chapter, the following terms
shall have the meanings indicated:
Any place of storage or deposit (whether in connection with
another business or not, except the business of farming) 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, 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 for remelting
purposes only.
Any vehicle propelled or drawn by power other than muscular
power, originally intended for use on public highways.
Any motor vehicle without a current New York State inspection
sticker or any motor vehicle with a current New York State inspection
sticker or out-of-state inspection sticker or registration in condition
such that it would not pass inspection for a New York State inspection
sticker at the time of any alleged violation under the provisions
of this chapter.
B.
The provisions of this chapter will not apply to motor
vehicles actually used in pursuance of the business of farming.
C.
The provisions of this chapter will not apply to genuine
antique motor vehicles located on property owned by a member of a
nationally recognized antique motor vehicle association.
No person shall operate, establish or maintain
a junkyard until he has obtained a license, as hereinafter provided,
to operate a junkyard business.
Application for license shall be made in writing
to the Town Board. The application shall be submitted with a survey
map of the land proposed to be used as a junkyard, showing the location
of bounding roads and the names of abutting property. Abutting property
shall include, inter alia, property directly across any road from
the applicant's property. The application shall also contain a description
of the type, height and location of fencing proposed to be used by
the applicant.
A hearing on the application shall be held not
less than two or 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 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 not
be fewer 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 all other persons wishing to be
heard on the application for a license to operate, establish or maintain
the junkyard. In considering such application, it shall take into
account the following:
A.
Personal qualification of the applicant. The Town
Board will consider:
(1)
The suitability of the applicant with reference to
his ability to comply with the fencing requirements or other reasonable
regulations concerning the proposed junkyard;
(2)
Any record of conviction of the applicant for any
type or larceny or receiving of stolen goods; and
(3)
Any other matter within the scope of the legislative
intent of this chapter.
B.
Location requirements. In passing upon the same, it
shall take into account, after proof of legal ownership or right to
such use of the property for the license period by the applicant,
the nature and development of surrounding property such as the proximity
of churches, schools, hospitals, public building or other place 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 or smoke or of other causes.
C.
Aesthetic considerations. At the hearing (regarding
location of the 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 form having an unfavorable effect thereon. In
this connection the Town Board may consider collectively the type
of road servicing the junkyard or from which the junkyard may be seen,
the natural or artificial barriers protecting the junkyard from the
view and the proximity of the proposed junkyard to established residential
and recreational areas or main access routes thereto, as well as the
reasonable availability of other suitable sites for the junkyard.
After hearing, the Town Board shall, within
one month or at its next regular meeting, 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 on
the application. If approved, the license shall be forthwith issued
to remain in effect until the following January first. 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 chapter are complied
with during the license period, the junkyard does not become a public
nuisance under the common law and the applicant is not 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.
[Amended 3-5-2009]
The annual license fee shall be $500 to be paid
at the time the application is made and annually thereafter in the
event of renewal. In the event that the application is not granted,
the fee shall be returned to the applicant. The Town may also charge
the applicant with the cost of advertising and any other reasonable
costs incident to the hearing and may make the license conditional
upon payment of said charge.
A.
Before use, a new junkyard shall be completely surrounded
with a fence at least eight feet in height which substantially screens
the junkyard contents and with a suitable gate which shall be closed
and locked except during the working hours of such junkyard or when
the applicant or his agent shall be within. Such fence shall be erected
not nearer than 100 feet from a public highway. All motor vehicles
and parts thereof stored or deposited by the applicant shall be kept
within the fence enclosure of the junkyard except as removal shall
be necessary for the transportation of the same in the reasonable
course of the business. All wrecking or other work on such motor vehicles
and parts and all burning of the same within the vicinity of the junkyard
shall be accomplished within the fence enclosure.
B.
In the discretion of the Town Board, the requirement
for fencing may be waived or the fencing requirement may be reduced,
particularly where the topography, natural growth of timber or other
considerations accomplish the purposes of this chapter.
For the purpose of this chapter, the location of junkyards already established shall be considered approved by the Town Board and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish the Town Board the information as to location, etc., which is required in § 108-4 hereof, together with the license fee, and the Town Board shall issue him a license valid until the next January first, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in § 108-9 of this chapter. However, the Town Board may, for good cause shown, grant such owner a period of time, not to exceed one year from the date of issuance to such owners of this first license under this chapter, in which to comply with the fencing requirements set forth in § 108-9 of this chapter.
Notwithstanding any of the foregoing provisions
of this chapter, no junkyard hereafter established shall be licensed
to operate is such yard or any part thereof shall be within 500 feet
of a church, school, hospital, public building or place of public
assembly.
The owner or lessee of a building or premises
where a violation of any of the provisions of this chapter is committed
or shall exist or any other person who commits or takes part or assists
in any such violation or who maintains any building or premises or
any part thereof in which any violation shall exist or be committed
shall be guilty of a violation against this chapter, punishable by
a fine of not more than $100 or by imprisonment not to exceed 15 days,
or both, and such offense for the purpose of conferring jurisdiction
upon courts and judicial officers generally, shall be deemed a misdemeanor,
and for such purpose only, provisions of law relating to misdemeanors
shall apply to such violation. Each week's continued violation after
notice thereof shall have been given as herein provided shall constitute
a separate violation. Such notice shall be in writing signed by the
Town Clerk and shall be served upon the person or persons committing
such violation, either personally or by registered mail addressed
to such person or persons at his or their last known addresses. In
addition, the Town shall have such other remedies as are provided
by law to restrain, correct or abate any violation of this chapter.
