[HISTORY: Adopted by the Town Board of the
Town of Saratoga 2-14-1967 by Ord. No. 1. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 400.
A clean, wholesome, attractive environment is
declared to be of importance to the health and safety of the inhabitants
and the safeguarding of their material rights against unwarrantable
invasion and, in addition, such an environment is deemed essential
to the maintenance and continued development of the economy of the
Town of Saratoga and the general welfare of its residents. It is further
declared that the unrestrained accumulation of junk motor vehicles
is a hazard to such health, safety and welfare of the residents of
the Town of Saratoga necessitating the regulation, restraint and elimination
thereof. At the same time, it is recognized that the maintenance of
junkyards as hereinafter defined is a useful and necessary business
and ought to be encouraged when not in conflict with the express purposes
of this chapter.
As used in this chapter, the following terms
shall have the meanings 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, taken
together, equal in bulk to two or more such vehicles; provided, however,
that the term "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.
Activity normally associated with the operation of an automobile
junkyard, including, but not limited to: receiving, sending out, moving,
dismantling or crushing junk cars or parts thereof.
[Added 11-9-2017 by L.L. No. 7-2017]
Over-the-counter sales of used parts to the general public.
[Added 11-9-2017 by L.L. No. 7-2017]
No person shall operate, establish or maintain
a junkyard until he has obtained a license to operate a junkyard business.[1]
[1]
Editor's Note: Former Sections 4, Application
for license; 5, Hearing; 6, License requirements; and 7, Grant or
denial of application, appeal, which immediately followed this section,
were repealed 6-8-1982.
[Amended 6-8-1982; 5-8-2006 by L.L. No. 4-2006]
Licenses for existing junkyards in the Town
of Saratoga shall be renewed upon the payment of the annual license
fee without hearing, provided all provisions of this chapter are complied
with during the license period, the junkyard does not become a public
nuisance under common law and the occupant is not convicted of any
type of larceny or receiving of stolen goods. The annual license fee
for renewal shall be $100.
A.
Before use, a new junkyard shall be completely surrounded
with a fence at least eight feet in height which substantially screens
and with a suitable gate which shall be closed and locked except during
the working hours of such junkyard or when the applicant or his agent
shall be within. Such fence shall be erected not nearer than 50 feet
to a public highway. All motor vehicles and parts thereof stored or
deposited by the applicant shall be kept within the enclosure of the
junkyard except as removal shall be necessary for the transportation
for same in the reasonable course of the business. All wrecking or
other work on such motor vehicles and parts and all burning of same
within the vicinity of the junkyard shall be accomplished within the
enclosure.
B.
Where the topography, natural growth of timber or
other considerations accomplish the purposes of this chapter in whole
or in part, the fencing requirements hereunder may be reduced by the
Town Board upon granting the license; provided, however, that such
natural barrier conforms with the purposes of this chapter.
For the purposes of this chapter the location of junkyards already established shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish the Town Board the information as to location which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until the next April 1, at which time the owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in § 272-5 of this chapter.
Notwithstanding any of the foregoing provisions
of this chapter, no junkyard, hereafter established, shall be licensed
to operate if such yard or any part thereof shall be within 500 feet
of a church, school, hospital, public building or place of public
assembly.
[Added 11-9-2017 by L.L. No. 7-2017[1]]
A.
Any person who shall violate, cause to be violated,
or assist in the violation of any of the provisions of this chapter
shall be subject to conviction by a proper court. He shall also be
subject to a fine not exceeding $250, or imprisonment for a period
not exceeding 15 days, or both such fine and imprisonment for each
and every violation. The issuance of a notice of violation shall signify
the existence of a single violation, and every day the violation exists
beyond the date of compliance, or extension thereof, shall constitute
a separate additional violation.
[Amended 5-8-2006 by L.L.
No. 4-2006]
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this chapter.
