Village of Carthage, NY
Jefferson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 94-13 Definitions.

As used in this article, the following terms shall have the meanings indicated:
A place of more than 100 square feet of area on any lot, where waste, discarded or salvaged materials are bought, sold, exchanged, baled, cleaned, packed, disassembled or handled, including auto-wrecking yards, house-wrecking yards, scrap-processing yards and places or yards for used or salvaged house-wrecking and structural steel materials and equipment, as distinguished from such uses when conducted entirely within a completely enclosed building and as distinguished from pawnshops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment and the processing of used, discarded or salvaged materials as part of manufacturing operations.
Any person, firm or corporation who operates a junkyard, including auto wreckers and scrap processors.

§ 94-14 Promulgation of rules and regulations.

The Village Board shall, consistent with the express standards, purposes and intent of this chapter, promulgate, adopt and issue such interpretations, procedural rules, regulations and forms as are in the Village Board's opinion necessary to effective administration and enforcement of the provisions of this article. These interpretations, rules, regulations and forms shall be available to the public at the office of the Village Clerk. Such rules, regulations and forms shall be effective upon filing with the Village Clerk as a communication to the Village Board.

§ 94-15 Restrictions on licensing and operation.

Every license granted hereunder shall designate the place in which said licensee shall be authorized to carry on business, and such business shall not be conducted at any other place than the one so designated.
No person, firm or corporation shall operate or maintain a junkyard or a vehicle in connection therewith unless the vehicle and the junkyard shall bear in a conspicuous place, visible from the rear of such vehicle and from the front of the place of business, a sign on which shall be set forth in conspicuous letters and figures the name, address and number of the license. The sign at the place of business shall comply with applicable zoning district regulations regarding signs.
No license shall be issued or renewed, nor shall the operation of a junkyard be permitted, until the following conditions are met:
Junkyards shall be established and maintained pursuant to the standards of this article.
The Village Clerk shall have the power, either personally or through a duly authorized member of his staff, to enter and inspect all junkyards in the Village during normal business hours in order to ensure compliance with all laws, rules and regulations.
No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes. The loose storage of paper and the spilling of flammable or other liquids into streams or sewers is prohibited.
All materials shall be stored in such a manner as to prevent the breeding or harboring of rats, insects or other vermin. Where necessary, this shall be accomplished by enclosure in containers, raising of materials above the ground, separation of types of materials, preventing the collection of stagnant water, extermination procedures or other means. Professional monthly exterminating services shall be required, and a log indicating the dates and findings of such professional services shall be maintained on the premises. Upon proper inspection and investigation, waiver of any portion of these requirements may be made by the Village Board.
Stores of rubber shall not be permitted to accumulate so as to create a hazard.
If burning is to be conducted on the premises when permitted by applicable law, it shall be carried on in an incinerator acceptable to the Zoning Board. The standards of the State of New York and other applicable standards relating to air pollution shall be adhered to.
Fire hazards shall be prevented by organization and segregation of stored materials, with particular attention to the separation of combustibles, where necessary, by the provision of adequate aisles for escape and fire fighting and by other necessary measures.
All paper, rags, cloth and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings, except that securely baled paper may be stored unenclosed.
All junkyard materials and activities not within fully enclosed buildings shall be surrounded by a solid, stable fence or wall of acceptable design to be at least eight feet in height, surfaced so as to be resistant to damage from the elements and from stored materials and erected and maintained in a manner that will provide effective screening of the premises. Any gate in such fence shall be similarly constructed and maintained (except that a view hole may be left in each such gate for the purpose of preventing vandalism, theft and other crime) and shall be kept locked at all times when the facility is not in operation.
Any junkyard existing at time of adoption of this chapter not having a fence or gate as required by this subsection shall be provided with such, unless, upon written application of a junkyard operator, the Zoning Board waives the requirement of solid fencing due to the location of the junkyard, unusual topography or the nature of the operation. The Zoning Board shall make or cause to be made a complete investigation and inspection of the junkyard before granting a waiver.
Such a waiver shall clearly state the reasons therefor, a description of the boundaries of the junkyard and a description of the area where the modification is to be permitted. Such a waiver shall also state any alternative fencing which has been found to be acceptable.
In no instance shall the solid-fencing requirement be waived for part of any junkyard which abuts or faces a dwelling or a residentially zoned district.
The boundaries of any facility or operation shall at all times be clearly delineated.
All structures, including fences on the premises, shall be kept in good repair and painted, junkyards policed, storage piles kept neat and operations carried on in a safe and orderly manner. Storage piles shall be so maintained as to not create a safety hazard and shall be of such size and stability as will prevent them from falling by reason of the elements or the activities of the junkyard operator.