Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamakating 4-6-1967. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 115.
Junked vehicles — See Ch. 189.
Zoning — See Ch. 199.

§ 124-1 Intent.

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.

§ 124-2 Definitions.

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.

§ 124-3 License required.

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.

§ 124-4 License application.

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:
That the applicant is over 21 years of age.
That he is a citizen of the United States.
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.
A description of the exact type of business he intends to conduct and the nature of the materials he intends to handle.
The number of employees he intends to engage.
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.
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.
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.
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.
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.
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.
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.

§ 124-5 License fee.

[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.

§ 124-6 Display of license.

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.

§ 124-7 Term of license.

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.

§ 124-8 Transferability of license.

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.

§ 124-9 Revocation of license.

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.

§ 124-10 Effect on holders of state licenses.

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.

§ 124-11 Regulations.

The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.
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.
The licensee must erect and maintain a substantial fence completely enclosing the premises to be licensed.
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.
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.
All materials dealt in by the licensee shall be kept and worked upon within the fenced area.
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]
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.
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.
In making such determination, the following criteria shall be considered by the Town Board or committee thereof:
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.
That no activity upon the licensed premises shall be visible from any public highway.
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]
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.
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]
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.
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.
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.
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.
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.
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.
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]

§ 124-12 Penalties for offenses.

[Amended 10-4-1990 by L.L. No. 7-1990]
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.
For every violation of any provision of this chapter, the person violating the same shall be subject to the penalties set forth in Chapter 1, General Provisions, Article II, General Penalty.
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.