By the adoption of this chapter the Town Board of the Town of
Schaghticoke 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," the processing of
used metals for resale and the dumping, storage 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 flammable 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 flammable. The tires, plastic seats, tops and
other elements of such autos are also flammable. 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 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 other vehicle, however propelled, as well as tractors, bulldozers,
machinery and equipment other than farm machinery and equipment.
JUNKYARD
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered 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 purpose of used
parts or waste material 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
produce is scrap iron, steel or nonferrous scrap for sale for resmelting
purposes only, nor an establishment which garages all vehicles within
buildings at all times. For purposes of this definition, it shall
be presumed that any vehicle unregistered for more than six months
is no longer intended for legal use on public highways.