By the adoption of this chapter the Village
Board of the Village of Carthage declares its intent in so doing to
be to regulate, control and license the activities or businesses known
as auto graveyards, junkyards, secondhand materials collection areas,
the processing of used metals for resale and the dumping, storage
and disposal of waste, secondhand or used materials of whatever composition.
Said Village Board hereby declares that such activities or businesses
can constitute a hazard to property and persons and a public nuisance.
The presence of such junkyards is unsightly and tends to detract from
value of surrounding land and property, unless such areas are properly
maintained and operated.
The fee for the license is hereby fixed in the
sum of $50, which sum covers not only the cost of issuing the license
itself, but also the cost of making the necessary inspection of the
premises to ascertain compliance with the regulations hereinafter
prescribed.
Such license 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 shall be effective from the date
of its issuance until the 31st of December of the year of such issuance,
after which a new application for license must be made yearly if the
licensee desires to continue such activity or business.
Such license is personal with the licensee.
It does not go with the title of the land, nor may it be sold, assigned,
transferred or disposed of.
Such license may be revoked by the Village Board
after a public hearing thereon at which the licensee shall have an
opportunity to be heard. Upon revocation of a license, the Village
Board may require the removal of autos, parts and materials left as
above provided 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 Village Clerk of this Village,
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 any
license fee actually paid by the applicant; otherwise, this chapter
shall be fully binding upon and applicable to the holder of such junk
dealer's license.
This chapter shall not apply to dealers who,
in good faith, have established or shall establish a business of buying
and selling new or used motor vehicles, who occasionally, as an instance
of such business, buy or receive in the course of trade secondhand
motor vehicles for sale. This chapter shall, however, include and
apply to all such dealers who wreck or junk such secondhand motor
vehicles.
It shall be unlawful for any person, firm or
corporation carrying on the business of purchasing or selling any
of the materials heretofore mentioned to purchase from any person
under 21 years of age any of the aforesaid materials.
[Amended 8-5-1991 by L.L. No. 2-1991]
Any person committing an offense against any provision of this chapter shall be subject to the penalties set forth in Chapter
5 of this Code and, in addition, shall suffer an immediate forfeiture of his or her license.