[HISTORY: Adopted by the Town Board of the Town of Fishkill 7-6-1981 by L.L. No. 13-1981. Amendments noted where applicable.]
It shall be lawful for any person, firm or corporation, upon obtaining a license therefor and complying with the rules and regulations as provided in this chapter and in the provisions of Article 6, § 136, of the General Municipal Law of the State of New York, to operate an automobile junkyard.
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk motor vehicles is a hazard to such health, safety and welfare of citizens of the Town, necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of junkyards, as hereinafter defined, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit, for any such purposes, of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; provided, however, that the term "junkyard" shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only.
- MOTOR VEHICLE
- All vehicles propelled or drawn by power other than muscular power and originally intended for use on public highways.
No person, firm or corporation shall operate, establish or maintain a junkyard until he has obtained:
Application for the license and the certificate of approved location shall be made in writing to the Town Board of the Town of Fishkill, which application shall set forth that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter 150, Zoning. The application shall contain a description of the land to be included within the junkyard.
A hearing on the application shall be held at the next regularly scheduled meeting of the Town Board or, in the event that said meeting should be less than two weeks from the application, then at the next regularly scheduled meeting. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application, and shall be published once in the official paper of the Town of Fishkill, which publication shall not be less than seven days before the date of the hearing.
At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, said Board shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard, to any record of convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this chapter.
At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junkyard. In passing upon same, said Board shall take into account, after proof of legal ownership or right to such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering, and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke or of other causes.
At the hearing regarding location of the junkyard, the Town Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens, by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection the Town Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.
After the hearing, the Town Board shall at the next regularly scheduled meeting make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall forthwith be issued, to remain in effect until the following January 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewable thereafter upon payment of the annual license fee without hearing, provided that all provisions of this chapter are complied with during the license period, the junkyard does not become a public nuisance under the common law and the licensee is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.
The annual license fee shall be as provided for in Chapter 68, Fees. The amount of fees will be paid at the time the application is made and annually thereafter in the event of renewal. In the event the application is not granted, the fee shall be returned to the applicant. The Town Board, in addition to the license fee, shall assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the license conditional upon payment of same.
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens and with a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected not nearer than 50 feet from a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard, except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and all burning of same within the vicinity of the junkyard shall be accomplished within the enclosure.
Where the topography, natural growth of timber or other considerations accomplish the purposes of this chapter in whole or in part, the fencing requirements hereunder may be reduced by the Town Board upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.
This chapter shall not be construed to affect or supersede the provisions of Chapter 150, Zoning, or any other ordinances for the control of junkyards now in effect or hereafter enacted by the Town Board or other governing municipality within the Town of Fishkill or the Legislature of the State of New York, within the proper exercise of the police power of such Town Board.
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish to the governing body the information as to location which is required in an application, together with the license fee; and the governing body shall issue to him a license valid until the next January 1, at which time such owner may apply for renewal as herein provided. Such owner shall then show compliance with all other provisions of this chapter as deemed appropriate by the Town Board, including the fencing requirements set forth in § 96-12.
Notwithstanding any of the foregoing provisions of this chapter, no junkyard hereafter established shall be licensed to operate if such yard or any part thereof shall be within 500 feet of a church, school, hospital, public building or place of public assembly.
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.