The following materials shall be deemed to be
"junk, secondhand materials and used materials" within the meaning
of this chapter. junk of any kind; used or secondhand materials of
any kind, including rags, paper, rubbish, old rope, bottles, glassware,
crockery, bags, cloth, rubber, iron, brass, copper, silver, clothing,
furniture, used motor vehicles or the parts thereof; or any repaired,
reconstructed, renewed, renovated, partly ruined or damaged materials,
merchandise or personal property, tin, slush or lead, old lumber and
house-wrecking materials. This definition, however, shall not be deemed
to be exclusive. Secondhand materials and articles of similar kind
and character shall be deemed to be included within the foregoing
definition.
[Amended 4-5-1982]
The storage and sale of junk as above defined
and the wrecking, junking, dismantling and destruction of automobiles,
trucks and other motor vehicles or any other salvage of material shall
be permitted only in the General Industrial District in the Town of
Tonawanda as defined in the Zoning Local Law of said township.
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 not be lawful 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 16 years of age any of the aforesaid materials.
Any person, firm or corporation now engaged
in the business of operating a junkyard shall, within a period of
one year from the effective date of this chapter, cause the premises
where said business is operated to be tightly enclosed by a solid
fence or wall six feet high.
[Amended 10-20-1997]
The fee for the license required by this chapter
is hereby fixed at the sum of $200 annually, and said license shall
expire on the 31st day of December of each year.
The Town Board, at any time in its discretion,
may revoke or suspend the license granted under the authority of this
chapter for failure to comply with any of the terms of this chapter
or any law or regulation relating to the business of dealing in junk
or secondhand materials as defined in this chapter.
[Amended 5-21-1984 by L.L. No. 8-1984]
A. Any violation by a person, firm or corporation of
any provision of this chapter shall be deemed a violation punishable
by a fine not to exceed $250 or by imprisonment for a period not to
exceed 15 days, or both.
B. Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C. Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
This chapter shall apply to and be effective
in that part of the Town of Tonawanda outside the corporate limits
of the Village of Kenmore, Erie County, New York.