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.
No person, firm or corporation shall carry on or conduct the business of junkyard operator in the Village without having obtained a license from the Village Clerk.
No person, firm, corporation, partnership, association, trust or any type of business enterprise shall carry on the business of secondhand dealer without obtaining a license from the Village Clerk.
Each applicant for a license hereunder shall execute, under oath, an application therefor to be supplied to him by the Village Clerk, which shall contain the following information: that the applicant is over 21 years of age, that he is a citizen of the United States, whether he has ever been convicted of a felony or misdemeanor and such other facts or evidence as are deemed necessary to establish that he is a person fit and capable of properly conducting the activity or business for which the license is sought; a description of the exact type of business he intends to conduct, the nature of the materials he intends to handle; the number of employees he intends to engage; and the name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to the use of such land.
At the time of making the application, the applicant shall submit to and file with the Village Clerk a map or plan of the real property upon which he intends to conduct the activity or business for which he is making application for a license hereunder; with the area of such real property which it is proposed to use for such purpose, the location of the fence required hereunder indicated thereon, as well as the location of any buildings on such land and the location of any street or highways abutting or passing through such land and the location of any water, sewer or gas mains or laterals available thereto, as well as the general drainage pattern of such land.
In the application, the applicant shall agree that if granted the license applied for, he will conduct the activity or business pursuant to the regulations hereinafter set forth and that upon his failure to do so, such license may be revoked forthwith.
A person presently engaged in or conducting an activity or business such as described herein, on real property within the Village of Carthage, must apply for a license therefor within 30 days of the adoption of this chapter. If the place where he conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instance, he shall be issued a license therefor if he meets the other requirements contained herein. If the place where he conducts such activity or business does not presently comply with the requirements a person must meet to secure a license in the first instance, he may be granted a temporary license for one year, during which year he must arrange the place where he conducts such activity or business so that it does then comply with the requirements a person must meet to secure a license in the first instance. If at the end of such year such person has not so arranged his place of such activity or business, he shall forthwith cease and desist engaging in or conducting the same and shall remove from such place any autos, parts or other materials of the nature described herein.
If the person conducting such activity or business is not the sole owner thereof, he shall state such fact at the time he applies for his temporary license, and the Village Clerk, at the time of issuing such temporary license, shall send the owners or each of them a notice of the issuance of such temporary license to such person, together with a copy of this chapter.
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.