[HISTORY: Adopted by the City Council of the City of Newburgh 1-11-1971. Amendments noted where applicable.]
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 City and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk motor vehicles and other junk is a hazard to such health, safety and welfare of citizens of the City 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 section.
As used in this chapter, the following terms shall have the meanings indicated:
- Consists of scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap materials and their alloys, old or secondhand motor vehicles, bones, rags, used cloth, used rubber, used rope, used tinfoil, old or used machinery, used tools and appliances, used fixtures, used lumber, used boxes or crates, used pipe or pipe fittings, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition but are subject to being dismantled.
- Consist of buildings, structures or premises where the above-named materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled. It shall also include any place of storage or deposit, whether in connection with another business or not, where 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, and includes any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal a complete vehicle; 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 originally intended for use on public highways.
- The City of Newburgh.[Amended 6-13-1988 by L.L. No. 4-1988]
No person shall operate, establish or maintain a junkyard until he has obtained a license to operate a junkyard business and has obtained a certificate of approval for the location of such junkyard.
[Amended 6-13-1988 by L.L. No. 4-1988]
Application for the license and the certificate of approved location shall be made in writing to the Council of the City, and the application shall be accompanied by a certificate from the Zoning Board of Appeals that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibition of the Zoning Ordinance. The application shall contain a description of the land to be included within the junkyard.
A hearing on the application shall be held within the municipality not less than two nor more than four weeks from the date of the receipt of the application by the legislative body. 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 a newspaper having a circulation within the municipality, which publication shall be not less than seven days before the date of the hearing.
At the time and place set for the hearing, the Council of the City 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, it 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 conviction 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 Council of the City 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, it 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 Council of the City 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 Council of the City 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 hearing, the Council of the City shall, within two weeks, 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 be forthwith issued to remain in effect until the following April 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed 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 applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Council of the City may be reviewed under Article 78 of the Civil Practice Law and Rules.
[Amended 6-13-1988 by L.L. No. 4-1988]
The annual license fee shall be as set forth in Chapter 163, Fees, of this Code, to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant.
Before use, a new junkyard shall be completely surrounded by a fence at least eight feet in height which substantially screens it and which has 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 to a public highway. All junk 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 junk motor vehicles and parts 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 reduced by the legislative body, upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.
[Amended 6-13-1988 by L.L. No. 4-1988]
This chapter shall not be construed to affect or supersede zoning ordinances or any other ordinance for the control of junkyards now in effect or hereafter enacted in the City within the proper exercise of the police power of the City.
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Council of the City 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 the Council of the City the information as to location which is required in an application, together with the license fee, and Council of the City shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing and height limitation of a twenty-foot-high stacking of junk cars, metals and any other materials defined under § 198-2, and, also, a six-foot side yard requirement shall be observed at all times to ensure safety of surrounding properties.
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.
[Amended 6-13-1988 by L.L. No. 4-1988; 9-28-1998 by Ord. No. 12-98]
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.