Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southampton as Ch. 41 of the 1979 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 164.
Landfills, transfer stations and scavenger waste — See Ch. 205.
Noise — See Ch. 235.
Property maintenance — See Ch. 261.
Junked and abandoned vehicles — See Ch. 316.
Zoning — See Ch. 330.

§ 199-1 Definitions.

Certain words and terms when used in this chapter, unless otherwise expressly stated or unless the contents or subject matter otherwise require, are defined as follows:
JUNK
Old or secondhand metals, secondhand materials including wood, rope, rubber, paper, cloth, rugs and empty bottles but not excluding other items, old automobiles and trucks not serviceable with minor repairs, equipment and machinery as may be sold as metal. Any automobile or truck which has been dented, twisted or put into an unserviceable condition is deemed to be "junk" for the purpose of this chapter.
[Amended 7-10-1990 by L.L. No. 19-1990]
JUNK BUSINESS
The business of buying, selling, dealing in, storing or handling junk.
JUNK DEALER
Any person, association, partnership or corporation engaged in the business of buying, selling, dealing in, storing or handling junk.
MOTOR VEHICLE JUNK BUSINESS
Includes the storage or the buying of secondhand motor vehicles, parts and accessories for the purpose of remodeling, dismantling and reselling the same or the buying, storage or selling of parts of secondhand motor vehicles or tires or the assembling of secondhand motor parts.
[Amended 4-14-1998 by L.L. No. 7-1998]
MOTOR VEHICLE JUNKYARD
Includes any place of storage or deposit, whether in connection with a 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 for any purpose, and such term shall include any place of storage or deposit, for any purpose, of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles.

§ 199-2 License required.

[Amended 7-10-1990 by L.L. No. 19-1990]
It is prohibited to engage in the junk and/or motor vehicle junk business or store, keep or maintain junk or maintain a motor vehicle junkyard without a license granted as provided herein.[1]
[1]
Editor's Note: Former § 41-3 of the 1979 Code, Storage of Vehicles, which immediately followed this section, was deleted 7-10-1990 by L.L. No. 19-1990.

§ 199-3 License application.

A. 
The applicant must submit to the Public Safety Administrator an application in affidavit form, and the application must include the following information:
[Amended 7-10-1990 by L.L. No. 19-1990; 5-14-1991 by L.L. No. 6-1991; 6-24-2008 by L.L. No. 38-2008]
(1) 
The location of the premises.
(2) 
The type of fence to be constructed or utilized, subject to the approval of the Town as to its sufficiency and size.
(3) 
The zoning classification of the premises and whether the premises comply with Ch. 330, Zoning, in all respects.
(4) 
The earliest date at which continuous operation of the junk business on the premises began, whenever the premises have already been so used.
(5) 
Whether the applicant has been convicted of a felony or a misdemeanor and, if so, full details as to the nature of the crime, the court in which the conviction was obtained and the sentence imposed.
B. 
The activities may not be extended beyond the premises for which the license is issued. If additional premises are used for junk storage and if the premises were not included in the previous application, the applicant must file a supplementary application including all of the information and in the same form and subject to the same conditions as the original application. If such supplementary application is duly approved, a supplementary license will be issued without further cost.

§ 199-4 Issuance of license.

A. 
Upon receipt of an application for a license, the Public Safety Administrator shall cause an investigation to be made of the material facts contained therein and shall forward a report to the Town Board. If, after such investigation, the Town Board, in its discretion, determines that the applicant is duly qualified to operate a junk business in the Town of Southampton, then a license to transact such business shall be issued by the Town Board. However, the license may be revoked by the Town Board, in its discretion, whenever it may determine that the holder of the license fails to comply with the terms of this chapter and such other fair and reasonable conditions as the Town Board may have imposed as a condition to the granting of the license. The Town Board may impose such additional conditions to the issuance of any license as is necessary to protect the health, safety, welfare and property values of the property owners and residents of the Town.
[Amended 7-10-1990 by L.L. No. 19-1990; 4-14-1998 by L.L. No. 7-1998; 6-24-2008 by L.L. No. 38-2008]
B. 
Every junk dealer's license shall expire on December 31 of the year of its issue.
[Amended 5-14-1991 by L.L. No. 6-1991]
C. 
A license may be refused or revoked if the applicant or holder shall have been or is convicted of a misdemeanor or felony which, in the judgment of the Town Board, renders the applicant unfit or undesirable to carry on the business of a junk dealer. The Town Board may also refuse a license to any person who, in its judgment, shall be deemed unfit to conduct the business of a junk dealer.
[Amended 7-10-1990 by L.L. No. 19-1990; 4-14-1998 by L.L. No. 7-1998]
D. 
Any false statement made in an application or violation of any of the provisions of this chapter or of any of the statutes, rules or regulations or orders aforesaid shall constitute a cause for rejection or revocation of such license. In addition thereto, the Town Board may, for any other good and sufficient cause, reject any such license application.

§ 199-5 Fees.

[Amended 1-10-1989 by L.L. No. 2-1989; 4-14-1992 by L.L. No. 11-1992; 9-14-2010 by L.L. No. 30-2010]
Every licensee shall pay an annual fee of $350 in an amount to be established, and changed as needed, by resolution of the Southampton Town Board, payable with the application for the license. Every license shall expire on the 31st day of December of the year of its issue, regardless of the date of its issue. The aforesaid fee shall not include the fee of $5 established by Article 6 of the General Business Law.

§ 199-6 Standards and conditions.

A. 
Each such license shall be issued subject to compliance by the licensee with all the requirements of Article 6 of the General Business Law, Article 165 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 Southampton respecting such business or the conduct thereof; and subject, also, to compliance with the following further requirements:
[Amended 7-10-1990 by L.L. No. 19-1990]
(1) 
That no such licensee shall collect or purchase any junk, metal or secondhand materials or articles of any kind from any person who is under the age of 16 years.
(2) 
That such licensee shall not engage in the junk business between the hours of 7:00 p.m. and 6:00 a.m., except for the purposes of accepting for storage a motor vehicle brought from an accident scene by an authorized tow truck operator pursuant to a police request.
[Amended 7-13-1993 by L.L. No. 22-1993]
(3) 
That such licensee shall permit his place of business, his record books and his vehicles and conveyances to be examined and inspected at any reasonable time by the Town Supervisor or his designee, for the purpose of ascertaining whether the provisions of this chapter are being observed.
[Amended 5-14-1991 by L.L. No. 6-1991]
B. 
Acceptance of such license shall constitute an agreement by the licensee to comply with all such requirements, orders, rules, regulations and statutes.

§ 199-7 Fencing.

[Amended 5-14-1991 by L.L. No. 6-1991]
A. 
The entire perimeter of the premises shall be surrounded by a fence at least seven feet in height of substantial and permanent construction. The fence shall be constructed of wood, aluminum, metal clad or such other material as shall be approved by the Building Inspector.
B. 
Any portion of the fence that shall face a public highway shall be opaque so as to obstruct the view of the junk from public view. Any portion of the junkyard property that adjoins other property shall be screened either by opaque constructed fencing seven feet high or by planted or natural greenery or the natural topography of the land so as to accomplish the purposes of this section, namely, screening the junk from view.
C. 
The fences, gates and doors shall be kept in good order and in a neat and maintained condition.[1]
[1]
Editor's Note: Former § 41-8B of the 1979 Code, which immediately followed this section and which limited signs, was deleted 7-10-1990 by L.L. No. 19-1990.

§ 199-8 Maintenance of premises.

A. 
The premises upon which the business is to be conducted or upon which junk is stored shall be so:
(1) 
Graded and maintained that no surface waters will collect upon them.
(2) 
Maintained as to be kept reasonably free of rodents and any other disease-carrying animals.
B. 
In no event shall unprocessed automobile bodies be piled so as to exceed the height of 25 feet. Materials stored within six feet of the fence shall be restricted in height to the height of the fence.

§ 199-9 Exterior standards.

A. 
The exterior of the premises shall be kept in a neat and orderly condition, free of debris, paper, etc.
B. 
No junk cars, junk material or ashes and debris shall be piled, stored or otherwise left by the owner or operator of the establishment outside the fenced area, and any such junk or junk material that should be left by others outside the establishment shall be removed by the owner and operator of the establishment prior to 5:00 p.m. of the day upon which the same may be left, except that if the same may have been left on a Sunday or holiday, then the same shall be removed by 5:00 p.m. on the next succeeding business day.[1]
[1]
Editor's Note: Former § 41-11 of the 1979 Code, Burning, which immediately followed this section, was deleted 7-10-1990 by L.L. No. 19-1990.

§ 199-10 Penalties for offenses.

[Amended 7-10-1990 by L.L. No. 19-1990]
Any applicant for a license as hereinabove described who knowingly makes a false statement in such application shall be guilty of a misdemeanor and shall be liable to a fine of not more than $1,000 or imprisonment for a term of not more than one year, or both. Any person who shall violate or neglect or refuse to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be liable to a fine of not more than $1,000 or imprisonment for a term of not more than one year, or both.[1]
[1]
Editor's Note: Former § 199-11, Variances, amended 7-10-1990 by L.L. No. 19-1990, was repealed 5-14-1991 by L.L. No. 6-1991, which local law also renumbered former § 199-12, Revocation of licenses, as § 199-11.

§ 199-11 Revocation of licenses.

A. 
Whenever there is filed with the Public Safety Administrator a signed written request for revocation of a particular license for good cause or, without such request, whenever the Town Board shall deem desirable, the Board may, after investigation, in the exercise of its judgment and discretion:
[Amended 6-24-2008 by L.L. No. 38-2008]
(1) 
Notify the party filing the request that the same is rejected; or
(2) 
Publish in one or more newspapers, published in the Town, a ten-day notice of public hearing before the Board on the matter and give 10 days' notice of said hearing by certified mail addressed to the license holder at the licensed premises; or
(3) 
Give 10 days' notice by certified mail addressed to the license holder at the licensed premises of a private hearing before the Board.
B. 
Such 10 days' notice shall be given by ordinary mail to the person filing the request.
C. 
After the hearing, the Board shall:
(1) 
Within 60 days, file a decision with the Town Clerk rejecting the request; or
(2) 
Within 60 days, file with the Town Clerk a decision revoking the license complained of; or
(3) 
Within 60 days, file with the Town Clerk a notice, in writing, suspending decision for a period of not more than eight months to allow the licensee to correct the defects and conditions complained of.
D. 
The minutes of any hearing, public or private, shall be filed with the Town Clerk.
E. 
As a condition to the granting of any license (and the application therefor shall contain such an agreement on the applicant's part), the applicant shall covenant and agree to assume all expenses of any proceeding before the Town Board and at any proper court whenever the final decision results in revocation of the license.