[HISTORY: Adopted by the Town Board of the Town of Mamakating 4-6-1967.
Amendments noted where applicable.]
By the adoption of this chapter, the Town Board of the Town of Mamakating
declares its intent in so doing to be to regulate, control and license the
activities or businesses known as "auto graveyards," "junkyards" and "secondhand
parts collection areas," the processing of used metals for resale and the
dumping, storage and disposal of waste and secondhand or used materials of
whatever composition. Said Town Board hereby declares that such activities
or businesses can constitute a hazard to property and persons and a public
nuisance. Such materials may be highly flammable and sometimes explosive.
Gasoline tanks on old autos often contain in some quantity combustible gasoline;
the engine and other parts of such autos are frequently covered with grease
and oil which is also flammable. The tires, plastic seats, tops and other
elements of such autos are also flammable. Batteries and other elements of
such autos can contain acids and other matter potentially harmful to humans.
These autos frequently contain sharp metal or glass edges or points upon which
a human could receive serious cuts and abrasions. These autos can constitute
attractive nuisances to children and certain adults. The presence of such
junkyards even in areas zoned for business or industry is unsightly and tends
to detract from the value of surrounding land and property unless such areas
are properly maintained and operated.
As used in this chapter, the following terms shall have the meanings
indicated:
A passenger auto, truck, tractor-truck, trailer, bus, motorcycle
or other vehicle, however propelled, as well as tractors, bulldozers, machinery
and equipment.
An individual, an association, a partnership or a corporation.
No person shall engage in or conduct on real property within the Town
of Mamakating either for himself or for and on behalf of any other person
directly or indirectly as agent, employee or otherwise any activity or business,
either for profit or otherwise, at wholesale or retail, which involves the
collection, storage, burning, dumping, disassembling, dismantling, salvaging,
sorting or otherwise handling or arranging for sale, resale, storage or disposal
or otherwise of bodies, engines or parts of autos or of any other secondhand
or used property of whatever material it is composed or any waste material,
whether composed of wood, paper, cloth, cardboard, plastics, metals, stone,
cement or otherwise, without first obtaining a license therefor as hereinafter
provided.
A.
Each applicant for a license hereunder shall execute
under oath an application therefor to be supplied to him by the Town Clerk
which shall contain the following information:
(1)
That the applicant is over 21 years of age.
(2)
That he is a citizen of the United States.
(3)
Whether he has ever been convicted of a felony or misdemeanor
and such other facts or evidence as is deemed necessary to establish that
he is a person fit and capable of properly conducting the activity or business
for which the license is sought.
(4)
A description of the exact type of business he intends
to conduct and the nature of the materials he intends to handle.
(5)
The number of employees he intends to engage.
(6)
The name and address of the owner or owners of the land
and the nature of the right of occupancy of the applicant to the use of such
land.
B.
At the time of making the application, the applicant
shall submit to and file with the Town Clerk a map or plan of the real property
upon which he intends to conduct the activity or business for which he is
making application for a license hereunder, with the area of such real property
which it is proposed to use for such purpose and the location of the fence
required hereunder indicated thereon, as well as the location of any buildings
on such land and the location of any streets or highways abutting or passing
through such land and the location of any water, sewer or gas mains or laterals
available thereto, as well as the general drainage pattern of such land.
C.
In the application, the applicant shall agree that if
granted the license applied for he will conduct the activity or business pursuant
to the regulations hereinafter set forth and that upon his failure to do so
such license may be revoked forthwith.
D.
A person presently engaged in or conducting an activity
or business such as described herein on real property within the Town of Mamakating
must apply for a license therefor within 30 days of adoption of this chapter.
(1)
If the place where he conducts such activity or business
presently complies with the requirements a person must meet to secure a license
in the first instance, he shall be issued a license therefor if he meets the
other requirements contained herein.
(2)
If the place where he conducts such activity or business
does not presently comply with the requirements a person must meet to secure
a license in the first instance, he may be granted a temporary license for
one year, during which year he must arrange the place where he conducts such
activity or business so that it does then comply with the requirements a person
must meet to secure a license in the first instance. If at the end of such
year such person has not so arranged his place of such activity or business,
he shall forthwith cease and desist engaging in or conducting the same and
shall remove from such place any autos, parts or other materials of the nature
described herein.
(3)
If the person conducting such activity or business is
not the sole owner thereof, he shall state such fact at the time he applies
for his temporary license, and the Town Clerk, at the time of issuing such
temporary license, shall send the owners or each of them a notice of the issuance
of such temporary license to such person, together with a copy of this chapter.
[Amended 10-4-1990 by L.L. No. 7-1990]
The fee for the license is hereby fixed in the sum of $100, which sum
covers not only the cost of issuing the license itself but also the cost of
making the necessary inspections of the premises to ascertain compliance with
the regulations hereinafter prescribed.
Such license shall be placed and at all times displayed in a conspicuous
place at the licensee's place of activity or business for which it is
issued.
Such license shall be effective from the date of its issuance until
the 31st day of December of the year of such issuance, after which a new application
for a license must be made yearly if the licensee desires to continue such
activity or business.
Such license is personal with the licensee. It does not go with the
title of the land, nor may it be sold, assigned, transferred or disposed of.
Such license may be revoked by the Town Board after a public hearing
thereon, at which the licensee shall have an opportunity to be heard. Upon
revocation of a license, the Town Board may require the removal of autos,
parts and materials left as above provided in the case of an applicant for
a temporary license who fails to qualify for a license.
In the event that an applicant for a license as provided herein shall
have previously been duly issued a valid and effective junk dealer's
license by the Supervisor of this town pursuant to the provisions of Article
6 of the New York State General Business Law, then such applicant shall be
entitled to and allowed a credit against the above-provided license fee in
the amount of $5, such junk dealer's license fee actually paid by such
applicant; otherwise, this chapter shall be fully binding upon and applicable
to the holder of any such junk dealer's license.
A.
The licensee must personally manage or be responsible
for the management of the activity or business for which the license is granted.
B.
The licensee must maintain an office and a sufficient
number of employees on the premises to assure the proper and safe conduct
of such activity or business, to minimize the fire hazard therefrom and to
prevent improper trespass thereon by children and others.
C.
The licensee must erect and maintain a substantial fence
completely enclosing the premises to be licensed.
(1)
Such fence shall be at least six feet high and shall
be constructed of wood or close wire mesh, which fence shall substantially
screen the area inside the same and shall be equipped with a suitable gate
which shall be closed and locked, except during working hours on the premises
or when the licensee or his agent is upon the premises.
(2)
Such fence shall be not closer than 50 feet to any public
highway and not closer than 25 feet to any side or back line of the premises.
(3)
All materials dealt in by the licensee shall be kept
and worked upon within the fenced area.
(4)
Around such fenced area, trees or shrubs must exist or
be planted and must be maintained which will camouflage the fenced-in area
and the fence itself from public view off of the premises; this requirement
shall apply both to new and to existing licensees and shall be complied with
by existing licensees on or before July 1, 1980.
[Added 7-5-1979 by L.L. No. 2-1979]
(5)
Where topography, natural growth of timber or shrubs
provide a natural barrier to a view of the licensed premises and the applicant
for a license desires a waiver of the fencing provision of these regulations,
the applicant for a license shall so state on his application.
(a)
The Town Board of the Town of Mamakating or a committee
thereof designated by the Supervisor for such purpose shall thereupon inspect
the premises to be licensed without fencing requirements to ascertain whether,
in fact, natural screening will effectuate the purposes of this chapter.
(b)
In making such determination, the following criteria
shall be considered by the Town Board or committee thereof:
[1]
That all activity on the licensed premises shall be conducted
no less than 200 feet from any side line or front line of the property.
[2]
That no activity upon the licensed premises shall be
visible from any public highway.
[3]
The safety of the location in regard to the general public,
and especially children, if operation without a fence were to be permitted.
[Added 7-5-1979 by L.L. No. 2-1979]
(c)
If the above criteria are found by the Town Board or
committee thereof to be met, the Town Board or committee thereof shall endorse
upon the license application the words "Natural Barrier Screening Permitted,"
and the license shall be issued without requiring fencing, provided that the
applicant complies with all other provisions of this chapter.
(6)
Anything herein contained to the contrary notwithstanding,
no new area shall be licensed after August 1, 1979, unless such area is screened
from view from other properties, public highways and public areas by virtue
of topography and/or trees and shrubs existing at the time of the application,
whether planted or natural.
[Added 7-5-1979 by L.L. No. 2-1979]
(7)
Inside and adjacent to and contiguous with such fence,
a strip of land at least 10 feet in width shall be kept free of all dry grass
or other growth or other combustible material so as to provide a fire lane
or line around the whole area where the activity or business of the licensee
is being conducted.
D.
The autos, parts and materials dealt in by the licensee
shall be disassembled or dismantled by means other than by burning. They shall
be piled or arranged in neat rows so as to permit easy, clear passage through
the area.
E.
There shall be maintained at each such 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. Each such
fire extinguisher shall be hung or mounted in a conspicuous place, clearly
marked and available.
F.
When the area is not supervised by the licensee or his
employees, the fence shall be locked at a secure gate in a secure manner.
G.
Suitable sanitary facilities shall be available, connected
to approved public sewers or septic tanks, for the use and convenience of
the employees of the licensee, as well as the general public visiting the
area.
H.
The area of the licensee's activity or business
shall not be used as a dump area nor as a place for the burning and disposal
of junk or trash.
I.
The town constables, the code enforcement officers or
the Town Board or any of its representatives shall be granted access to the
area of the activity or business of the licensee at all reasonable hours to
inspect the same for compliance herewith.
[Amended 10-4-1990 by L.L. No. 7-1990]
[Amended 10-4-1990 by L.L. No. 7-1990]
A.
The owner or licensee of any such place of business who
commits or permits any acts in violation of any of the provisions of this
chapter shall be deemed to have committed an offense against such chapter
and also shall be liable for any such violation or the penalty therefor.
C.
Conviction for any above-mentioned violation
shall constitute and effect an immediate forfeiture of the license.
