[HISTORY: Adopted by the Town Board of the
Town of Aurora 12-14-1970. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 116.
A.
On or after the effective date of this chapter, no
person, firm or corporation shall collect, store or keep on any land
or in any yard or open space in the Town of Aurora, Erie County, New
York, outside the Village of East Aurora, any rags, papers, used bottles,
refuse, wrecked or junked automobile or automobiles or other vehicles
or machinery, or parts thereof, or used or secondhand building materials,
old iron, brass or metal of any kind, for sale or otherwise, without
a license issued therefor by the Town Board.
B.
In addition thereto, the junkyard shall be completely
surrounded by a fence at least six feet in height which substantially
screens the enclosed area and with a suitable gate, which shall be
closed and locked except during working hours of the junkyard or when
the applicant or his agent shall be within. Such fence shall be erected
not nearer than 200 feet to a public highway. All automobiles, parts
or other material described herein shall be kept within the enclosure
of this junkyard, except as removal shall be necessary for the transportation
of the same in the reasonable course of this business.
A.
No such license shall be issued by said Town Board
unless there shall be presented to it an application by the person,
firm or corporation who owns or leases the land to be used for the
above-stated purposes.
B.
Application for such license shall be in writing and
sworn to by the applicant and submitted to the Town Clerk and shall
state:
(1)
The name and address of the applicant (if a corporation,
the names and addresses of the president and secretary).
(2)
Whether or not the applicant is the owner or lessee.
(3)
Whether or not the applicant has ever been convicted
of a misdemeanor or felony; if so, the nature and dates of such convictions.
(4)
A certificate from the Building Inspector that the
proposed location is not within an established district restricted
against such use.
Attached to said application shall be the consent
signed by every owner and lessee of real property within 1,000 feet
of the boundaries of said premises proposed to be used for such purposes
by the applicant, measured in a straight line from the boundary of
said premises nearest to each owner's or lessee's property, and in
case the applicant is a lessee, the consent of the owner of said premises.
Such consent shall state that the owners and lessees have no objection
to the use of such premises in the manner proposed by the applicant.
The fee for such license shall be $5, to be
paid to the Town Clerk at the time of issuing the license. All money
received for such license fees shall be put into the general fund
of the Town.
The Town Board shall refuse to issue a license
under this chapter if:
A.
The applicant shall have been convicted of a misdemeanor
or felony which, in the judgment of the Town Board, renders the applicant
unfit or undesirable to use the premises in the proposed manner.
B.
The applicant, in the judgment of the Town Board,
shall be unfit for any reason to properly use the premises in the
proposed manner.
After a public hearing thereon at which the
licensee shall have an opportunity to be heard, the Town Board may
revoke any license issued to any licensee whom the Town Board shall
determine to be unfit for any reason to properly use the premises
or for any violation of this chapter.
Every license issued hereunder shall expire
on December 31 next succeeding the date of issuance.
[Amended 1-22-1990 by L.L. No. 1-1990]
Any person, firm or corporation violating any
of the provisions of this chapter, including failure to obtain the
license required thereby, shall, upon conviction thereof, forfeit
his license, if any issued, and shall be subject to a fine of not
more than $250 or to imprisonment not to exceed 15 days in the Erie
County Penitentiary, or both. Each week that a violation is permitted
to exist shall constitute a separate offense.
