A clean, wholesome, attractive environment is declared to be
of importance 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 residents. It is further declared that the unrestrained
accumulation of junk motor vehicles is a hazard to such health, safety
and welfare of residents 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 chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
JUNKYARD
Any outdoor place of storage or deposit, whether in connection
with another business or not, where more than two 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
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk more than two 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.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on public highways.
TOWN
The Town of Poestenkill, Rensselaer County, the State of
New York.
No person shall operate, establish or maintain a junkyard until
he has obtained a license to operate a junkyard business and has obtained
a certificate of approval for the location of such junkyard.
Application for the license and the certificate of approved
location in the Town shall be made in writing to the Town Board of
the Town of Poestenkill, and the application shall be accompanied
by a certificate from the Zoning Board that the proposed location
is not within an established district restricted against such uses
or otherwise contrary to the prohibitions of any zoning ordinance
or local law. The application shall contain a description of the land
to be included within the junkyard.
A hearing on the application shall be held within the Town not
less than two nor 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 be not
less than seven days before the date of the hearing.
[Amended 2-19-2003 by L.L. No. 1-2003]
After the hearing, the Town Board shall, within two 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 April 1. Approval shall
be personal to the applicant and not assignable. Licenses shall be
renewed annually thereafter, 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 2-19-2003 by L.L. No. 1-2003]
A. The application
and initial license fee, valid until the next following April 1, shall
be paid at the time the application is made. In the event that the
application is not granted, the fee shall be returned to the applicant.
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.
B. The amount
of the initial and annual renewal fees shall be that established by
the Town Board pursuant to Local Law No. 1 of the Year 2003.
For the purpose of this chapter, the location of junkyards already established in the Town shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of the chapter, 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 him a license valid until the next April 1, at which time such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in §
145-9 of this chapter.
Notwithstanding any of the foregoing provisions of this chapter,
no 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.
Violators of any of the portions of this chapter shall be guilty
of an offense punishable by a fine not exceeding $250, and each week
that such violation is carried on or continues shall constitute a
separate violation.