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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
