[Adopted 7-11-1977; amended in its entirety 6-18-1984]
By the adoption of this article, the Town Board
of the Town of Wappinger declares its intent in so doing to be to
regulate, control and license the activities of businesses known as
"auto graveyards," junkyards, secondhand parts collection areas, the
processing of used metals for resale and the dumping, storage and
disposal of waste, 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 inflammable and sometimes explosive.
Gasoline tanks on old automobiles often contain in some quantity combustible
gasoline; the engine and other parts of such automobiles are frequently
covered with grease and oil which is also inflammable. The tires,
plastic seats, tops and other elements of such autos are also inflammable.
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 value of surrounding land and property unless such
areas are properly maintained and operated.
As used in this article, the following terms
have the meanings indicated:
AUTO
Passenger auto, truck, tractor-truck, trailer, bus, motorcycle
or other vehicle, however propelled, as well as tractors, bulldozers,
machinery and equipment.
PERSON
An individual, an association, a partnership, or a corporation.
No person shall engage in or conduct on real
property within the Town of Wappinger, 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 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.
As used in this article, the following words
shall have the meanings indicated:
JUNKYARD
The same definition and meaning as that set forth in the
General Municipal Law, § 136, Subdivision 2.
The hours of operation of any junkyard within
the Town of Wappinger shall be limited to those hours commencing at
7:00 a.m. and ending at 7:00 p.m.
[Amended 9-13-1999 by L.L. No. 6-1999; 3-22-2004 by L.L. No.
5-2004]
Any person, firm or corporation who or which shall violate any of the provisions of this article or any rule or regulation made pursuant thereto shall be guilty of a violation and shall be punished by a fine in the amount set forth in Chapter
122, Article
V, §
122-20S of the Code or imprisonment for not more than 15 days, or both. In addition thereto, the Town Board, in its discretion, after due notice and opportunity for a hearing, may terminate any license previously issued to any junkyard licensee found guilty of three offenses within 18 months.