By the adoption of this chapter, the Town Board of the Town of Union
Vale 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.
The 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 are 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 distract
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.
CUSTOMARY FARMING OPERATIONS
The production, preservation, processing and sale of agricultural
products, livestock and poultry and dairy products.
GARAGE, PUBLIC
Any garage other than a private garage operated for gain and which
is used for storage, repair, rental, greasing, washing, servicing, adjusting
or equipment of automobiles other than motor vehicles.
NONCONFORMING USE
Legal use of land which does not conform to the regulations of this
chapter.
PERSON
An individual, association, partnership or corporation.
The fee for the license shall be in the sum as set from time to time
by resolution of the Town Board, 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.
Such license and/or exemption certificate 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.
Such license may be revoked by the Town Board after a public hearing
hereon, 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 material left as provided above in the case of an applicant for
a temporary license who fails to qualify for a license.
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 the Town of Union Vale, 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.
In addition to the above-provided penalties and punishments, 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 this chapter.