[HISTORY: Adopted by the Common Council of the City of Middletown 5-28-1951
(Ch. 49 of the 1971 Code). Amendments noted where applicable.]
[Amended 5-26-1952; 1-7-2008]
No person, corporation or partnership shall keep a junkyard or junk
shop, or deal or be engaged in the business of collecting or buying old junk,
old automobiles, inoperative automobile bodies, rags, old rope, iron, brass,
copper, pigs of metal, copper wire, brass car journals, tin, lead, slush or
empty bottles, in the City of Middletown, without procuring a license therefor
from the Clerk of said City.
[Amended 12-27-2005 ; 4-23-2007
by L.L. No. 1-2007; 8-13-2007]
Said license fee is hereby fixed at the sum of $300 per year, to be
paid on the first day of July of each year and to be paid for a period of
one year.
Said license shall not be assigned and may be revoked at the discretion
of the Mayor or the Common Council.
Every license granted to a keeper of a junkyard or junk shop shall designate
the place at which the person receiving the same shall do business, and no
persons shall carry on any junkyard or junk shop business at any house or
place other than the one designated in such license.
[Amended 5-26-1952; 4-9-1979; 1-7-2008]
No outdoor junkyard or junk shop shall be licensed unless the same shall
be enclosed by a solid board fence, a solid cinder block or masonry fence
or a solid bark-board fence, or other equal materials as may be approved by
the Commissioner of Public Works, not less than six nor more than nine feet
in height, and said fence is to be of uniform height, and said junk shall
not be piled higher than said fence. Prior to applying for a license, each
applicant shall file with the Commissioner of Public Works of the City of
Middletown plans and specifications specifying the location, height, thickness,
material used or to be used in the construction thereof and the color of paint,
if any, to be used on any fences presently existing or to be constructed.
On approval of said Commissioner of Public Works, he shall issue a certificate
to the applicant, which certificate of approval shall be presented by the
applicant to the City Clerk at the time application is made for the license.
Every junk dealer of a junkyard or junk shop shall, on demand made by
the Chief of Police or any person authorized by him, exhibit any articles
or things in his possession at said junkyard or junk shop.
Every licensed keeper of a junkyard or junk shop shall be entitled to
use in his business one or more carts, wagons or other vehicles, but his name,
place of business and the number corresponding to the number of his license
shall be plainly and conspicuously painted on every vehicle used in his business
in letters and figures of not less than two inches in length.
[Added 7-13-1953]
Burning of automobiles, auto bodies, oil, tires, wire, rags, old rope
or any material other than paper and wood products on junkyard premises shall
be deemed unlawful.
[Added 4-27-1970; amended 4-28-1997]
A.
Purpose. The Common Council hereby determines that the
public health, safety and welfare of the residents of the City of Middletown
require that automobile junkyards in the City be regulated. It is the intent
of the Common Council that automobile junkyards, as defined herein, be regulated
only by the provisions of this section and not by any other provision of this
chapter.
B.
AUTOMOBILE JUNKYARD
MOTOR VEHICLE
Definitions. As used in this section, the following terms
shall have the meaning indicated:
Any place of storage or deposit, whether in connection with another
business or not, where two or more 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; such term shall include any place of storage or
deposit for any such purposes of used parts or waste materials from motor
vehicles which, taken together, equal in bulk two or more such vehicles; provided,
however, that the term "automobile 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.
All vehicles propelled or drawn by power other than muscular power
originally intended for use on public highways.
C.
Permit. No person shall operate, establish or maintain
an automobile junkyard until he has obtained a permit therefor from the Commissioner
of the Department of Public Works of the City of Middletown.
D.
Application for permit. Application for the permit shall
be made in writing to the Commissioner of the Department of Public Works and
shall be accompanied by a site plan showing the location of the proposed automobile
junkyard.
E.
Hearing. A hearing on the application shall be held by
the Commissioner within 45 days of receipt of the application by the Commissioner.
Notice of the hearing time and place shall be given to the applicant by mail
and shall be published in the official newspaper of the City at least five
days prior to the date thereof.
F.
Conduct of hearing and permit criteria. At the time and
place set for the hearing, the Commissioner shall hear the applicant and all
other persons wishing to be heard on the application for the permit to operate,
establish or maintain the automobile junkyard. In considering such application,
the Commissioner shall take into account:
(1)
The suitability of the applicant with reference to:
(a)
His ability to comply with the fencing requirements or
other reasonable regulations concerning the proposed automobile junkyard;
(b)
Any record of convictions for any type of larceny or
receiving of stolen goods;
(c)
Any previous violations involving an automobile junkyard;
and
(d)
Any other matter within the purposes of this section.
(2)
The location of the automobile junkyard, including but
not limited to:
(a)
Proof of legal ownership or right to such use of the
property for the permit period by the applicant;
(b)
The nature and development of surrounding property, such
as the proximity of churches, schools, hospitals, public buildings or other
places of public gathering; and
(c)
The feasibility of preventing the automobile junkyard
from adversely affecting the public health and safety by reason of offensive
or unhealthy odors, smoke, noise or other causes.
(3)
Aesthetic considerations, including but not limited to:
(a)
The feasibility of preventing the automobile junkyard
from adversely affecting the environment of the surrounding neighborhood;
(b)
The type of road servicing the automobile junkyard or
any road from which the junkyard may be seen;
(c)
The natural or artificial barriers protecting the automobile
junkyard from view;
(d)
The proximity of the automobile junkyard to established
residential and recreational areas or main access routes thereto; and
(e)
The reasonable availability of other suitable sites for
the automobile junkyard.
G.
Grant or denial of application; appeal. Within 10 business
days of the closure of the hearing, the Commissioner shall issue a written
decision to the applicant as to whether the application has been granted or
denied. The Commissioner shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental to the
establishment, operation or maintenance of the automobile junkyard. Such conditions
shall be consistent with the spirit and intent of this section and shall be
imposed for the purpose of minimizing any adverse impact such automobile junkyard
may have on the neighborhood or community. The decision of the Commissioner
shall be published in the official newspaper of the City no later than five
business days after its issuance. Any person aggrieved by the decision of
the Commissioner may appeal such decision to the Zoning Board of Appeals within
30 days of the issuance of the decision.
H.
Duration of permit. All permits issued under this section
shall be valid for a period of one year and shall be personal to the applicant
and not transferable or assignable. The permit does not run with the land.
I.
Renewal of permit. Permits shall be renewed by the Commissioner
upon payment of the annual license fee without hearing, provided that all
provisions of this section are complied with during the permit period, the
automobile 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. If the Commissioner determines there is reasonable cause
not to renew a permit, the Commissioner shall so notify the applicant within
10 business days of receipt of the renewal application by the Commissioner.
Within 10 business days, the applicant may request a hearing before the Commissioner.
During this hearing process, the applicant will be issued a temporary permit
which shall expire 60 days after the final decision of the Commissioner. The
aforesaid hearing shall be public, and the applicant may be represented by
counsel and shall be able to call witnesses in his behalf. The Commissioner
shall act as hearing officer and in his or her discretion may decide not to
renew the permit if, upon substantial evidence, the Commissioner determines
that the subject automobile junkyard constitutes a public nuisance or is not
in compliance with the provisions of this section.
J.
Revocation of permit. Any violation of the provisions
of this section shall be grounds for revocation of any permit issued hereunder.
If the Commissioner determines there is reasonable cause to revoke a permit,
the Commissioner shall so notify the permit holder. Within 10 business days
of receipt of such notice, the permit holder may request a hearing before
the Commissioner. The aforesaid hearing shall be public, and the permit holder
may be represented by counsel and shall be able to call witnesses in his behalf.
The Commissioner shall act as hearing officer and in his or her discretion
may decide to revoke the permit if, upon substantial evidence, the Commissioner
determines that the subject automobile junkyard has been operated in violation
of any of the provisions of this section. The decision of the Commissioner
shall be mailed to the permit holder and published in the official newspaper
of the City no later than five business days after its issuance. Any person
aggrieved by the decision of the Commissioner may appeal such decision to
the Zoning Board of Appeals within 30 days of the issuance of the decision.
K.
Permit fee. The annual permit fee shall be $300 to be
paid at the time the application is made and annually thereafter in the event
of renewal.
[Amended 12-27-2005]
L.
Fencing.
(1)
Fence. An automobile junkyard shall be completely surrounded
with a nontransparent fence at least eight feet in height but not more than
12 feet in height which substantially screens the junkyard and with a suitable
gate which shall be closed and locked except during the working hours of such
junkyard or when the permit holder or his agent shall be within.
(2)
Distance from public highway. The fence shall be erected
not nearer than 75 feet to a public highway or adjoining property line; provided,
however, that where the present area of business of an automobile junkyard
already established at the effective date of this section is less than 75
feet from a public highway or adjoining property line, the fence must be set
to enclose the present area of business and must be not less than 10 feet
from any public highway or adjoining property line.
(3)
Stacking. No motor vehicle or part thereof or any other
material stored in an automobile junkyard shall be placed or stored for any
period of time in such a manner as to exceed the height of the fence surrounding
the junkyard.
(4)
Work within fence. All motor vehicles and parts thereof
stored or deposited by the permit holder shall be kept within the fence enclosing
the automobile junkyard, except as removal shall be necessary for the transportation
of the same in the reasonable course of the business. No loading or unloading
of motor vehicles or parts thereof may take place outside the fence enclosing
the junkyard. No motor vehicles or parts thereof may be left, deposited or
stored for any period of time outside the fence enclosing the junkyard. All
wrecking and other work on all motor vehicles and parts shall take place within
the fence enclosing the junkyard.
(5)
Building. Where the entire business or activity is conducted
within a building or buildings so that the same is completely enclosed within
the building or buildings, then, upon application, the Commissioner in his
discretion may waive the provisions of this section requiring a fence.
M.
Hours of operation. No automobile junkyard shall conduct
operations or any work whatsoever except between the hours of 8:00 a.m. and
6:00 p.m. on Monday through Saturday. No operations or work is permitted on
any Sunday. No motor vehicles or parts thereof may be deposited by any person
at the automobile junkyard except during the permitted hours of operation.
N.
Prohibited operations. No motor vehicle or part thereof
may be disassembled or dismantled in any automobile junkyard unless all gasoline,
fuel, explosive material or any automobile fluid is first removed. Any automobile
gasoline or other fluid must be stored and disposed of in accordance with
rules and regulations promulgated by the New York Department of Environmental
Conservation. No burning of any type is permitted in any automobile junkyard.
O.
Established automobile junkyards. Within 45 days of the
effective date of this section, all owners and operators of automobile junkyards
already established at the effective date of this section must apply to the
Commissioner of the Department of Public Works for a permit pursuant to the
provisions of this section. If the established junkyard presently complies
with all of the provisions of this section, then the Commissioner shall issue
a permit to the applicant. If the established junkyard does not presently
comply with all of the provisions of this section, the Commissioner in his
discretion may give the applicant a period of not longer than 180 days to
bring his or her junkyard into compliance with the provisions of this section.
Upon the applicant's compliance within such time period, the Commissioner
shall issue a permit to the applicant. In the event of noncompliance within
such time period, the Commissioner in his discretion may reject the application
and order the junkyard to cease operations.
P.
Prohibited locations. Notwithstanding any of the foregoing
provisions of this section, no automobile junkyard shall be established after
the effective date of this section within 500 feet of a church, school, hospital,
public building or place of public assembly.
[Added 5-26-1952; amended 4-27-1970; 4-28-1997]
The provisions of this chapter shall be enforced by and on the complaint
of the Commissioner of the Department of Public Works or his designee.
[Amended 4-27-1970; 10-13-1992; 4-28-1997]
Any person who violates any of the provisions of this chapter shall
be guilty of an offense within the meaning of the Penal Law of the State of
New York and, upon conviction thereof, shall be subject to a fine of not less
than $250 nor more than $750 or by imprisonment for a period not exceeding
15 days, or both such fine and imprisonment. Each day that a violation is
permitted to exist shall constitute a separate offense. In addition to the
above-described penalties, the City of Middletown may also maintain an action
or proceeding in the name of the City in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation of any
of the provisions of this chapter.
