Town of Albion, NY
Orleans County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Albion 2-17-1960. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps, dumping and landfills — See Ch. 49.
Abandoned vehicles — See Ch. 95.
Zoning — See Ch. 103.

§ 68-1 Legislative intent and findings.

By the adoption of this chapter, the Town Board of the Town of Albion 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 even in areas zoned for business or industry is unsightly and tends to detract from the value of surrounding land and property unless such areas are properly maintained and operated.

§ 68-2 Definitions.

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.
JUNK DEALER
Any person who acquires, buys, stores or collects within the Town of Albion any variety of old metals, paper or rags or old or broken-down machinery of any kind with the intent to resell same, whether in its original state or after being reduced to scrap metal.
[Amended 4-14-1989 by L.L. No. 1-1989]
JUNKYARD
A place of storage or deposit, whether in connection with another business or not, where motor vehicles, engines, bulldozers, cranes and other construction equipment, airplanes, boats, major household appliances, furniture, farm machinery or other large equipment or the parts thereof 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 thereof, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. By the open storage or deposit of any two such items or of the parts thereof such that the recombination of such parts would be substantially similar to two such items, a rebuttable presumption is created that such open storage or deposit is a junkyard. The presumption may be rebutted by such evidence as a currently valid motor vehicle registration, together with proof of insurance coverage and a current inspection with respect to motor vehicles or, with respect to such other items, evidence demonstrating current fitness for the original intended purpose, as well as evidence that such storage or deposit is of a temporary nature; 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. Automobile junkyards as defined in the General Municipal Law, § 136, shall be included within this definition.
[Amended 4-14-1989 by L.L. No. 1-1989]
PERSON
An individual, an association, a partnership, a corporation.

§ 68-3 License required.

No person shall engage in or conduct on real property within the Town of Albion either for himself or for and on behalf of any other person, directly or indirectly, as agent, employee or otherwise, any activity or business either for profit or otherwise, at wholesale or retail, which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal or otherwise of bodies, engines or parts of autos or of any other secondhand or used property of whatever material it is composed, or any waste material whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement or otherwise, without first obtaining a license therefor as hereinafter provided.

§ 68-4 Application for license; conditions.

A. 
Each applicant for a license hereunder shall execute under oath an application therefor, to be supplied to him by the Town Clerk, which shall contain the following information: that the applicant is a citizen of the United States, whether he has been convicted of a felony or misdemeanor and such other facts or evidence as is deemed necessary to establish that he is a person fit and capable of properly conducting the activity or business for which the license is sought; a description of the exact type of business he intends to conduct; the nature of the materials he intends to handle; the number of employees he intends to engage; and 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.
[Amended 4-14-1989 by L.L. No. 1-1989]
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 he intends to conduct the activity or business for which he is making application for a license hereunder, with the area of such real property which it is proposed to use for such purpose, the location of the fence required hereunder indicated thereon, as well as the location of any buildings on such land and the location of any streets or highways abutting or passing through such land and the location of any water, sewer or gas mains or laterals available thereto, as well as the general drainage pattern of such land, and the application shall provide that prior to its approval all applicable SEQR regulations shall be complied with.
[Amended 4-14-1989 by L.L. No. 1-1989]
C. 
In the application the applicant shall agree that if granted the license applied for he will conduct the activity or business pursuant to the regulations hereinafter set forth, and that upon his failure to do so, such license may be revoked forthwith.
D. 
The applicant shall also furnish a bond, satisfactory to the Town Attorney, in the amount of $10,000 per 1/4 acre or fraction thereof of property to be used in the junkyard operation, conditioned upon the conduct of the business in compliance with all provisions of this chapter and all applicable statutory provisions. This bond shall be discharged upon the discontinuance of the business and the inspection of the premises by the Town Board to its satisfaction.
[Amended 4-14-1989 by L.L. No. 1-1989]
E. 
A person presently engaged in or conducting an activity or business such as described herein on real property within the Town of Albion must apply for a license therefor within 30 days of the adoption of this chapter. If the place where he conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instance, he shall be issued a license therefor if he meets the other requirements contained herein. If the place where he conducts such activity or business does not presently comply with the requirements a person must meet to secure a license in the first instance, he may be granted a temporary license for one year, during which year he must arrange the place where he conducts such activity or business so that it does then comply with the requirements a person must meet to secure a license in the first instance. If at the end of such year such person has not so arranged his place of such activity or business, he shall forthwith cease and desist engaging in or conducting the same and shall remove from such place any autos, parts or other materials of the nature described herein.
F. 
If the person conducting such activity or business is not the sole owner thereof, he shall state such fact at the time he applies for his temporary license, and the Town Clerk at the time of issuing such temporary license shall send the owners or each of them a notice of the issuance of such temporary license to such person, together with a copy of this chapter.

§ 68-5 Provisions of license.

A. 
The fee for the license is hereby fixed in the sum of $100, which sum covers not only the cost of issuing the license itself but also the cost of making the necessary inspections of the premises to ascertain compliance with the regulations hereinafter prescribed.
[Amended 4-14-1989 by L.L. No. 1-1989]
B. 
Such license shall be placed and at all times displayed in a conspicuous place at the licensee's place of activity or business for which it is issued.
C. 
Such license shall be effective from the date of its issuance until the 31st day of December of the year of such issuance, after which a new application for license must be made yearly if licensee desires to continue such activity or business.
D. 
Such license is personal with the licensee. It does not go with the title of the land nor may it be sold, assigned, transferred or disposed of.
E. 
Such license may be revoked by the Town Board after a public hearing and notice to the bonding company thereon at which the licensee shall have an opportunity to be heard. Upon revocation of a license the Town Board may require the removal of autos, parts and materials left as above provided in the case of an applicant for a temporary license who fails to qualify for a license. In the event that the licensee fails to comply, the bonding company shall have not more than 30 days to remedy the violation. In the event that the violation is not remedied by either the licensee or the bonding company, the bond shall be forfeited.
[Amended 4-14-1989 by L.L. No. 1-1989]
F. 
In the event that an applicant for a license as provided herein shall have previously been duly issued a valid and effective junk dealer's license by the Supervisor of this Town pursuant to the provisions of Article 6 of the New York State General Business Law, then such applicant shall be entitled to and allowed a credit against the above-provided license fee in the amount of $5, such junk dealer's license fee actually paid by such applicant; otherwise, this chapter shall be fully binding upon and applicable to the holder of any such junk dealer's license.

§ 68-6 Regulations.

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 solid fence of wood or of other opaque 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, and if such area abuts a residential area or public street or highway, such fence shall be 25 feet from the boundary line thereof. All the materials dealt in by the licensee shall be kept within such fence at all times.
D. 
Inside and adjacent to and contiguous with such fence a strip of land at least 10 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. 
The autos, parts and materials dealt in by the licensee shall be disassembled or dismantled by means other than by burning, except pursuant to such regulations as the Town Board may from time to time adopt upon application of a licensee or licensees, they shall be piled or arranged in neat rows so as to permit easy, clear passage through the area.
F. 
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 such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
G. 
When the area is not supervised by the licensee or his employees, the fence shall be locked at a secure gate in a secure manner.
H. 
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 as well as the general public visiting the area.
I. 
The area of the licensed activity or business shall not be used as a dump area nor as a place for the burning and disposal of junk or trash.
J. 
The Town 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.

§ 68-7 Penalties for offenses.

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 chapter shall be deemed to have committed an offense against such chapter 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 chapter, the person violating the same shall be subject to a fine of not more than $1,000 or imprisonment not exceeding one year, or both such fine and imprisonment.
[Amended 4-14-1989 by L.L. No. 1-1989]
C. 
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.
D. 
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue.
E. 
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 chapter.