Town of Clarkson, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Clarkson Town Board 9-10-1968. Sections 88-7 and 88-11A and B amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable]
GENERAL REFERENCES
Dumps and dumping — See Ch. 59.
Zoning — See Ch. 140.

§ 88-1 Legislative intent.

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 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 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 purpose of this section.

§ 88-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
JUNKYARD
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.
[Amended 11-10-1987 by L.L. No. 3-1987]
OWNERSHIP
Owner, occupant or tenant.
MOTOR VEHICLE
Any vehicle propelled or drawn by power other than muscular power originally intended for use on public highways.
MUNICIPALITY
The Town of Clarkson, Monroe County, New York.

§ 88-3 License required.

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.

§ 88-4 Application for license.

Application for the license and the certificate of approved location shall be made in writing to the Town Board of Clarkson, and the application shall be accompanied by a certificate from the Planning Board that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of the Zoning Ordinance.[1] The application shall contain a description of the land to be included within the junkyard.
[1]
Editor's Note: See Ch. 140, Zoning.

§ 88-5 Hearing on application.

A. 
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.
B. 
At the time and place set for the hearing, the Town 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 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.
C. 
At the time and place set for the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a 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.
D. 
At the hearing regarding location of the junkyard, the Town 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 Town 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.

§ 88-6 Grant or denial of license; assignability; review of determination.

After hearing, the Town Board shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice of their 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 thereafter upon payment of the annual license fee without a hearing, 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.

§ 88-7 License fees. [1]

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 event 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 same.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 88-8 Fencing requirements.

A. 
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height, or preferably a natural barrier, 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 agent shall be within. Contents of the junkyard shall be limited in height not to exceed the eight-foot fencing requirement. 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 chapter in whole or in part, the fencing requirements hereunder may be reduced by the Town Board upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.

§ 88-9 Existing junkyards.

For the purposes of this section, the location of junkyards already established shall be considered approved by the Town Board and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this 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 said Board shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in § 88-8 of this chapter.

§ 88-10 Location restrictions.

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.

§ 88-11 Penalties for offenses.

A. 
Any owner or occupant, agent and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall put into use any lot or land in violation of any statement or plan submitted and approved thereunder or who shall refuse reasonable opportunity to inspect any premises shall, upon conviction, be liable to a fine of not more than $250 or to imprisonment for not more than 15 days, or both. Each and every week that such violation continues shall be deemed a separate and distinct violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The owner or occupant of any lot or land or part thereof where anything in violation of this chapter shall be placed or shall exist and any agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall each be guilty of a separate offense and, upon conviction thereof, shall each be liable to the fine or imprisonment, or both.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
In addition to the foregoing remedies, the Town of Clarkson may maintain an action for an injunction to restrain, correct or abate any violation of this chapter.