[HISTORY: Adopted by the Town Board of the Town of Hurley as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-14-1959]
It is hereby declared, pursuant to the authority created by § 136
of the Town Law of the State of New York, that the establishment, maintenance
and operation of junkyards and junk dealers with inadequate regulations for
the conducting of such business is a menace to the health, safety, morals,
welfare and reasonable comforts of the citizens of the town and that the establishment
and maintenance of proper standards for the regulation of junkyards and junk
dealers is essential to the public welfare. Therefore, the provisions hereinafter
prescribed to provide adequate regulations for the conduct of such business
are enacted, and their necessity in the public interest is hereby declared
as a matter of legislative determination.
As used in this article, the following terms shall have the meanings
indicated:
Secondhand materials and used materials of any kind, including rags,
paper, rubbish, old rope, bottles, glassware, crockery, bags, cloth, rubber,
iron, brass, copper, silver, clothing, furniture, machines or the parts thereof
or any repaired, reconstructed, renewed, renovated, partly ruined or damaged
materials, merchandise or personal property, tin, slush or lead, old lumber
and house-wrecking materials. This definition, however, shall not be deemed
to be exclusive. Secondhand materials and articles of similar kind and character
shall be deemed to be included within the foregoing definition.
[Amended 4-8-1999 by L.L. No. 1-1999]
A person who collects, purchases, stores, sells, disposes of, dismantles,
destroys, burns or salvages junk, as defined herein, either exclusively or
incidental to some other business conducted on the premises.
[Amended 4-8-1999 by L.L. No. 1-1999]
Includes an individual, society, club, firm, partnership, corporation
or association of persons, and the singular number shall include the plural
number.
No person shall engage in or conduct business as a junk dealer in the
Town of Hurley, Ulster County, New York without first obtaining a license
therefor as hereinafter provided.
A.
Application. Each person applying for a license shall
submit to the Town Clerk a written application stating the name and address
of the owner of the premises, the name and address of the applicant, the nature
and extent of his or her interest in the business, the location of the premises
where the business is to be conducted, that he or she has never been convicted
of any crime and that he or she is a fit and desirable person and capable
of properly conducting the business for which the license is desired and any
other information requested by the Town Clerk. He or she shall pay to the
Town Clerk at the time of the filing of the application an application fee
in the amount as set forth from time to time by resolution of the Town Board
to defray the cost of processing the application and publishing a notice of
public hearing as hereinafter provided.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Issuance of license. If the Town Clerk finds that the
application contains the necessary information and the application fee has
been paid, the Clerk shall schedule a public hearing to be held by the Town
Board upon notice published once in a newspaper of general circulation within
the town at least 10 days before the hearing. Upon the completion of said
hearing, the Town Board shall give due consideration to the compliance of
the applicant with the provisions of this article, and after the same has
been approved by the Town Board and the license fee paid as hereinafter provided,
the license shall be issued by the Town Clerk.
C.
License fee. The fee for such licenses shall be fixed
in the sum as set forth from time to time by resolution of the Town Board.
Such license shall be placed and at all times displayed in a conspicuous place
at the licensee's place of business. Such license shall be effective
from the date of its issuance until the 31st day of December next succeeding,
unless sooner revoked, and shall not be transferable.
[Amended 4-8-1999 by L.L. No. 1-1999]
D.
Revocation. The Town Board at any time may revoke or
suspend the license granted under the authority of this article, after a hearing
at which the licensee shall be offered an opportunity to be heard, for failure
to comply with any of the terms of this article or any law or regulation relating
to the business of dealing in junk, as defined in this article.
[Amended 4-8-1999 by L.L. No. 1-1999]
Each such license shall be issued subject to compliance by the licensee
with all the requirements of Article 6 of the General Business Law, § 165.40
et seq. of the Penal Law and all other statutes now existing or which may
hereafter be enacted affecting such business or the conduct thereof; subject,
also, to compliance by the licensee with all rules, regulations or orders
now existing or which may hereafter be made by the Town of Hurley respecting
such business or the conduct thereof; and subject, also, to compliance with
the following further requirements:
A.
That no such licensee shall collect or purchase any junk,
metal or secondhand materials or articles of any kind from any person who
is actually or apparently under the age of 21 years.
B.
That each such licensee shall keep a book record of each
article of junk, metal or secondhand materials purchased or collected by him
or her showing the time and place of collection or purchase and the name and
address of the person from whom the same was collected or purchased and shall
not dispose of any such article purchased or collected until the expiration
of five days from the date of purchase or collection.
C.
That such licensee shall not collect or purchase junk,
metals or secondhand materials from any person between the hours of 7:00 p.m.
and 7:00 a.m.
D.
That each such licensee shall permit his or her place
of business, his or her record books and his or her vehicles or conveyances
to be examined or inspected at any time by the police or by any representative
of the Town Board.
E.
That each such licensee shall obtain the permission of
the Fire Chief of the fire district in which the premises are located before
igniting a fire for the disposal of junk, and there shall be at least two
people tending such fires as are authorized by the Fire Chief. Because of
the variable nature of weather conditions, the heavy concentration of inflammable
structures in certain areas and the potential forest fire areas located within
the town, separate permission from the Fire Chief must be obtained for each
day.
F.
All of the junk collected shall be kept within a building
or on premises enclosed by a solid, fireproof fence or wall having a height
of six feet so as to contain all of the junk within the bounds of the premises.
G.
No license shall be issued under this article for the
use of lands over which an open stream flows.
A.
Criminal. Any person or corporation violating any of
the provisions of this article shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not exceeding $50 or imprisonment
in the county jail for a period not to exceed 10 days or both such fine and
imprisonment, and where the violation is continuing in nature, each week's
continued violation shall constitute a separate and additional violation.
[Amended 4-8-1999 by L.L. No. 1-1999]
B.
Civil. The Town of Hurley may elect to proceed to collect
a civil penalty for the violation of this article, in which event the penalty
shall be $100, which sum shall include all expenses of the town, including
attorneys fees.
C.
Revocation of license. Any person who, or whose servant,
agent, employee or officer, shall be convicted of any violation of this article
shall forfeit his or her license as a junk dealer forthwith, and the license
may be permanently forfeited by resolution of the Town Board.
[Adopted 1-31-1966]
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 state 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 state 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 article.
For the purposes of this article, the following terms shall have the
meanings indicated:
Any place of storage or deposit, whether in connection with another
business or not, 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.
All vehicles propelled or drawn by power other than muscular power
originally intended for use on public highways.
A city of less than 1,000,000 in population, town or village.
No person shall operate, establish or maintain a junkyard until he or
she 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
shall be made in writing to the governing board of the municipality where
it is proposed to locate the junkyard, and, in municipalities having a zoning
ordinance and a zoning board, 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 such zoning ordinance.[1] 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 municipality not
less than two nor more than four weeks from the date of the receipt of the
application by the legislative body. 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
municipality, which publication shall be not less than seven days before the
date of the hearing.
At the time and place set for hearing, the governing 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 suitability of the applicant
with reference to his or her ability to comply with the fencing requirements
or other reasonable regulations concerning the proposed junkyard, to any record
of convictions for any type of larceny or receiving of stolen goods, and to
any other matter within the purposes of this section.
At the time and place set for hearing, the governing board shall hear
the applicant and all other persons wishing to be heard on the application
for certificate of approval for the location of the junkyard. In passing upon
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 buildings or other places 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.
At the hearing regarding location of the junkyard, the governing 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 from having an unfavorable effect thereon. In
this connection, the governing 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 view, 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 the hearing, the governing body shall give notice of their finding,
as to whether or not the application should be granted, 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 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 article 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 governing body may be reviewed under Article
78 of the Civil Practice Law and Rules.
[Amended 4-8-1999 by L.L. No. 1-1999]
The annual license fee shall be as set forth from time to time by resolution
of the Town Board 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. A municipality, 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 same.
A.
Before use, a new junkyard shall be completely surrounded
with a fence, at least eight feet in height, which substantially screens 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 or her agent shall be
within. Such fence shall be erected not nearer than 50 feet from a public
highway. All motor vehicles and parts thereof stored or deposited by the applicant
shall be kept within the enclosure of the junkyard, except as removal shall
be necessary for the transportation of same in the reasonable course of the
business. All wrecking or other work on such motor vehicles and parts and
all burning of same within the vicinity of the junkyard shall be accomplished
within the enclosure.
B.
Where the topography, natural growth of timber or other
considerations accomplish the purposes of this article in whole or in part,
the fencing requirements hereunder may be reduced by the legislative body,
upon granting the license, provided that within two weeks, a finding is made
that such natural barrier conforms with the purposes of this article.
This section shall not be construed to effect or supersede Chapter 210, Zoning, or any other ordinances for the control of junkyards now in effect or hereafter enacted in any municipality within the proper exercise of the police power of such a municipality and shall not be deemed to apply to any municipality which has any ordinance or regulation to license or regulate junkyards.
This article is intended to supersede Article I of this chapter only so far as it pertains to junk automobiles, and all other provisions of said previously enacted ordinance are to remain in full force and effect.
For the purposes of this article, the location of junkyards already established shall be considered approved by the governing board of the municipality where located and the owner thereof deemed suitable for the issuance of a license. Within sixty days from the passage of this section, however, the owner shall furnish the governing board with the information as to location which is required in an application, together with the license fee, and the governing board shall issue him or her a license valid until the next April first, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this article, including the fencing requirements set forth in § 115-17 of this article.
Notwithstanding any of the foregoing provisions of this article, no
junkyard hereafter established shall be licensed to operate of such yard,
or any part thereof, within 500 feet of a church, school, hospital, public
building or place of public assembly.
The Planning Board of the Town of Hurley shall be the governing board
and is hereby authorized to conduct the hearings on any application for a
license herein. The Chairperson of said Planning Board shall set the date,
time and place of the hearing.
Said Planning Board shall refer any violations of this article to the
proper law enforcement authorities for prosecution.
The owner or licensee of any such junkyard who commits any acts in violation
of any of the provisions of this article shall be liable for any such violation
and for the penalty therefor. Each day such violation shall continue or be
permitted to exist shall constitute a separate violation.
[Amended 4-8-1999 by L.L. No. 1-1999]
Any person or corporation violating any of the provisions of this article
shall be guilty of a misdemeanor and, upon conviction, shall be punishable
by a fine of not more than $200 or by imprisonment for not more than 30 days
or by both such fine and imprisonment.
