[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.
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.
As used in this chapter, 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.
[Amended 11-10-1987 by L.L. No. 3-1987]
Owner, occupant or tenant.
Any vehicle propelled or drawn by power other than muscular power
originally intended for use on public highways.
The Town of Clarkson, Monroe County, 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
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.
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.
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.
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.
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.
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.
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.
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]
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]
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.
