[HISTORY: Adopted by the Town Board of the
Town of Greenport 4-24-2001 by L.L. No. 5-2001. Amendments noted where applicable.]
A.
This chapter is to combine provisions in Chapters 48 and 78[1] of the Town Code into one law regulating junkyards in
the town. Prior to this chapter the provisions regulating junkyards
were codified in two separate chapters of the Town Code. These chapters
contained inconsistent criminal and civil penalties for violations.
The intent of this chapter is to create uniform provisions concerning
the storage of junk in the Town of Greenport.
B.
The Town recognizes that although there is some utility to junkyards,
junkyards are unsightly, detrimental to surrounding property values,
frequently breeding grounds for vermin and insects, attractive nuisances
for children, and potential environmental hazards. The Town adopts
this chapter pursuant to its powers to regulate activities that affect
the health, safety, and welfare of the Town's inhabitants. This
chapter regulates the establishment of new junkyards and the continued
use of existing junkyards.
As used in this chapter, the following terms shall have the
meanings indicated:
As used in this chapter, means any waste, whether solid or
liquid, or any neglected or discarded materials of any kind, whether
dismantled or not, which are ready for destruction or which have been
collected or stored whether for salvage, sale, or conversion to another
use. "Junk" shall not include materials or objects held and to be
used in a manufacturing process or any article or material which unaltered
and without reconditioning may be used for its original purpose.
Any vehicle that in its present state is inoperable on a
public highway or is unregistered and shall include an "inoperable
motor vehicle" as that is defined in the Property Maintenance Code
of New York State. "Junk vehicles" shall also include boats, trailers,
recreational vehicles, trailers or campers which are in a state of
disrepair or in an inoperable condition.
Any area of over 400 square feet which is not enclosed by
a fully enclosed structure and on which is stored or placed junk and/or
more than two junk vehicles or parts from junk vehicles which, taken
together, equal in a bulk two or more such vehicles.
Any natural person or persons or any corporation, company,
or partnership.
It shall be a violation of this chapter for a person to operate
a junkyard, to maintain a junkyard or to allow a junkyard to be located
on real property over which that person has ownership, possession,
or control without a junkyard license. This license requirement shall
apply to all new junkyards and to all existing junkyards effective
January 1, 2015. The Town shall issue licenses for a calendar year
only, and a license shall be valid until December 31 of the year in
which the license was issued. Renewal license applications shall be
on a form approved by the Town and shall be submitted to the Town
by December 1, 2014, and thereafter by December 1 of the calendar
year prior to the effective date of the renewal license.
A person applying to create a junkyard after the effective date
of this chapter shall submit a written application to the Town Clerk
for a license together with a license fee. The form of the application
and the fee shall be determined by resolution of the Town Board. The
application form shall request the following information:
A.
The name, residence, address and telephone number of each person
who will have an ownership interest in the junkyard. If the application
is on behalf of a corporation or LLC, the application shall list each
person who is a corporate officer or LLC member.
B.
The address and location of the proposed junkyard and the person
who is the owner of the real property on which it is to be located.
The application shall be accompanied by a scaled survey map of the
property on which the junkyard is to be located. The map shall show
the boundaries of the parcel on which the junkyard is to be located,
the proposed boundaries of the junkyard, and the location of fencing
to be installed pursuant to this chapter. The map shall also show
the location of any existing or proposed structures on the parcel,
the proposed ingress and egress to the junkyard, and shall show the
location of adjoining parcels and the names of record of adjoining
owners as listed in the real property tax rolls.
C.
Recent photographs of the area where the junkyard is to be located,
the access road to the junkyard, and any significant natural or manmade
features that the applicant intends to use as screening or a barrier
in the junkyard.
D.
A narrative description of the operation of the proposed junkyard.
This description shall include a detailed recital of the process the
applicant shall use to remove and dispose of fluids and other materials
removed from junk vehicles.
E.
The names and addresses of other junkyards in which any person listed
on the application has an ownership interest.
F.
The date of any conviction for a person listed on the application
for a property-related offense or crime and the name of the court
in which the conviction occurred.
G.
The existence of any licenses or permits previously issued by any
local or state government to any persons who will have an interest
in the junkyard which concern the handling of junk or junk vehicles.
H.
A completed Part I of a long form Environmental Assessment Form.
Existing junkyards shall submit a license application to the Town Clerk on an application form to be determined by the Town. The application shall contain the information listed in § 78-4 above, with the exception of the information required in Subsection C, D, F, and G. An existing junkyard license application shall not be subject to a public hearing.
Upon determining that the information provided by the applicant
is complete and upon the Town Board's completion of the environmental
review of the application under SEQRA, the Town Board shall notice
the application for a public hearing. The Town shall cause notice
of the time, date, and place of the hearing on the application to
be published once in the Town's newspaper of record at least
five days before the date of the hearing and also be posted on the
Town's website within such time. The Town Board, in its discretion,
may retain the services of consultants to review and comment upon
the application and may require the applicant to deposit funds with
the Town in accordance with the Town's escrow law for the review
of the application by the Town's consultants.
The Town Board shall consider the following factors in determining
whether to issue a new junkyard license:
A.
Whether persons listed in the application have a history of violations
of the junkyard laws of the Town or of other municipalities or any
criminal convictions of property-related offenses;
B.
Whether the property on which the applicant proposes the junkyard
is suitable for a junkyard both aesthetically, topographically, and
environmentally and has adequate ingress and egress for a junkyard;
C.
Whether the information provided by the applicant complies with the information required in § 78-4 above;
D.
Whether any aspect of the proposed junkyard poses a risk to the health,
safety or welfare of the public or a danger to the environment;
E.
Whether the applicant has truthfully and accurately provided information
on the junkyard license application;
F.
The proximity of the junkyard to a school, church, health care facility,
or a location of historical or environmental significance.
Within 62 days of the close of the public hearing on the license,
the Town Board shall determine whether to issue a junk yard license
to the applicant. The Town Board may impose conditions upon the issuance
of the license which are reasonably related to the operation of the
junkyard. A junkyard license will be valid only until December 31
of the year in which it is issued, at which time it will expire. The
license shall be in a form approved by resolution of the Town. A decision
by the Town Board to deny a license shall be a final determination.
The owner or operator of junkyard in existence at the time this chapter is adopted shall submit a renewal license application to the Town on or before December 1, 2014, and each December 1 thereafter. An existing junkyard shall conform to the standards set forth in § 78-11 below on or before January 1, 2015. The owner of any existing junkyard shall permit the Code Enforcement Officer to conduct an inspection of the junkyard to determine compliance with § 78-11. Failure to permit such an inspection will be grounds for the Town's refusal to issue a renewal license.
A license application for an existing junkyard shall be determined
by the Town Code Enforcement Officer within 15 days of submission
by the applicant. The Code Enforcement Officer shall review the application
and may inspect the existing junkyard to determine compliance with
the standards for junkyards contained in this chapter. The Code Enforcement
Officer may either grant the application, in which case a renewal
license shall be issued, or deny the application. A denial of the
application shall be in writing and shall set forth the grounds for
the denial. In the event the Code Enforcement Officer denies the application,
the applicant may appeal the denial to the Town Board by submitting
a letter of appeal to the Town Clerk within 30 days of the applicant's
receipt of the denial letter. The applicant may appear before the
Town Board and be heard on the denial. The Town Board may either affirm
the denial or may determine to issue a renewal license. The decision
of the Town Board shall be a final determination.
The following standards shall apply to both new and existing
junkyards:
A.
Each junkyard shall be completely enclosed within a fence that is
a minimum of eight feet in height or an all-season, natural barrier
that functions as a fence with an entrance only through a suitable
gate which shall be closed and locked except when the junkyard is
staffed and open for business. The gate shall not be wider than reasonably
necessary for the conduct of the licensed business. The fence facing
any public highway, street or road, and for the first 500 feet back
from the point where such fence turns substantially away from the
street, road or highway, shall be opaque and constructed of wood or
similar approved material and be at least eight feet in height. Such
fence shall be erected at least 30 feet from the closest edge of the
highway, 50 feet from any existing dwelling on adjacent property,
and 25 feet from each property line. 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 provides a year-round visual barrier
in conformance with the purposes of this chapter.
B.
Inside, adjacent to and continuous with such above-referenced fence,
applicant shall maintain a strip of land at least 10 feet in width
which shall be kept free of all dry grass, junk, plant growth or other
combustible material so as to provide a fire break around the entire
area where business activity is conducted.
C.
All junk as hereinabove defined, stored either permanently or temporarily
by the applicant, shall be kept within the enclosure of the junkyard,
which shall then be conducted only during reasonable business hours.
D.
No junk shall be piled to any height above six feet.
E.
The junkyard, together with all things therein, shall at all times
be maintained in a sanitary condition and arranged in neat rows so
as to permit easy, clean passage and inspection of the premises.
F.
No water shall be allowed to stand in any place on the premises in
such manner as to afford a breeding place for mosquitoes.
G.
No garbage or other waste liable to give off a foul odor or attract
vermin shall be kept on the premises, nor shall any refuse or garbage
of any kind be kept on the premises unless such is junk as defined
herein and is in use in the licensed business.
H.
No junk or other material shall be burned on the premises, except
in accordance with the other applicable provisions of the law governing
the burning of refuse or junk.
I.
No junkyard shall be allowed to become a nuisance, nor shall any
junkyard be operated in such a manner as to become injurious to the
health, safety or welfare of the community or of any residents.
J.
No drums, barrels, tanks or other vessels containing any kind of
liquid shall be stored outdoors at any time, except those tanks used
regularly in the conduct of the applicant's business and in compliance
with all applicable regulations.
K.
Licensee shall permit inspection of the business premises by any
member or any representative of the Town Board, Town Planning Board,
Town Supervisor, Town Code Enforcement Officer or his designee or
their agents or employees.
L.
Licensee shall drain any fluids from junk vehicles upon their placement
in the junkyard. Any vehicle fluids shall be disposed of pursuant
to the requirements of the New York Environmental Conservation Law
and licensee shall retain and make available for inspection to the
Code Enforcement Officer all records relating to the storage and disposal
of vehicle fluids.
M.
There shall be maintained at each place of activity or business for
which a license is issued at least one fire extinguisher of approved
design and capacity for each 40,000 square feet of area. Such fire
extinguisher shall be mounted or placed in a conspicuous place and
clearly marked.
N.
Suitable sanitary facilities shall be available for use by patrons,
visitors and employees of such business. A port-a-john or other similar
device and proof of a valid enforceable maintenance contract for such
device shall be presumed suitable under this provision.
O.
Sufficient off-street parking shall be provided for licensee's
customers.
By applying for or receiving a junkyard license, an applicant
and license holder indicates his or her consent to inspections conducted
by the Code Enforcement Officer or other representatives of the Town.
No person shall refuse entry to the Town Code Enforcement Officer
or his designee or other Town officer attempting to enter any premises
for the purpose of inspection. Such entry shall be permitted not only
to areas open to the public but also to all other areas.
A junkyard license is neither assignable nor transferable and
is valid only for the person(s) listed on the license.
It is a violation of this chapter for the license holder to operate or maintain a junkyard that does not comply with the standards set forth § 78-11. Upon determining the existence of such a violation, the Code Enforcement Officer shall send by registered mail, return receipt requested, a notice of violation setting forth the grounds for the notice. The notice shall be sent to the address listed in the real property tax records for the owner of the parcel on which the junkyard is located and to the address listed on the junkyard application if such an application is on file with the Town. The notice shall identify the violation and provide that the property owner shall have 30 days from receipt of the notice to remedy the violation. A failure to remedy the violations within such thirty-day period shall subject the license holder and property owner to the penalties and sanctions set forth in this chapter, including the revocation of the junkyard license.
An act or omission constituting a violation of this chapter,
including operation of a junkyard without a license, may be prosecuted
in the local Town court by the issuance of an appearance ticket by
the Code Enforcement Officer. Each week a violation continues shall
constitute a separate and distinct offense. A conviction for a first
offense shall be punishable by a maximum fine of up to $250. A conviction
for a second offense shall be punishable by a maximum fine of $500
and/or a term of imprisonment of 15 days. A conviction for a third
offense shall be punishable by a maximum fine of $1,000 and/or a term
of imprisonment of 30 days.
If a junkyard licensee is convicted of two or more offenses
under this chapter, the Town Board may revoke or refuse to renew the
junkyard license. Prior to a license revocation or a renewal refusal,
the Town Board shall send by certified mail, return receipt requested,
a notice to the licensee's address listed on the license informing
the licensee of the Town Board's intention to revoke or refuse
to renew the junkyard license and providing the licensee with the
opportunity to appear and be heard at a Town Board meeting.
In addition to any other fine or penalty imposed under this
chapter, a violation of this chapter shall subject the person violating
this chapter to a civil penalty in the sum of $250, and when the violation
is continuous, each week of violation shall constitute a separate
and distinct violation; a civil penalty may be recovered by the Town
in a civil action.
Notwithstanding any other remedy available to the Town, the
Town may commence and maintain a civil action in the courts of the
State of New York seeking all judicial relief available against a
junkyard that is in violation of this chapter. This relief shall include
a civil fine, money damages, or injunctive relief. Furthermore, nothing
in this chapter is intended to limit the nature of the claims that
may be brought in such an action.
