The Village Board of the Village of Sylvan Beach, in order to promote
the general health, safety and welfare of its inhabitants and to safeguard
their material rights against unwarrantable invasion and in the exercise of
its police powers to promote the same, after due consideration and hearing
all opposed and in favor, does hereby find that the general health, welfare
and interest of the public will be protected and promoted by the adoption
of this chapter.
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 state and general welfare of its citizens. It is further
declared that the unrestrained accumulation of junk motor vehicles is a hazard
to such health, safety and welfare of the citizens of the state, 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:
ABANDONED
Shall have its normal meaning within the law.
JUNKYARD
Includes:
A.
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, the purpose
of reclaiming for use some or all of the materials therein, whether metal,
glass, plastic or otherwise, for the purpose of disposing of the same or for
any other purpose;
B.
Any place of storage or deposit for any such purposes of used parts
in waste material from motor vehicles which, taken together, equal in bulk
two or more such vehicles;
C.
Where any two vehicles are abandoned, discarded or dumped; or
D.
Where any other discarded or abandoned machines, machinery, casting,
scrap iron or waste metal shall be stored, maintained for sale, abandoned,
discarded or dumped.
PERSON
Includes any individual, society, club, firm, partnership, corporation
or any other association of persons, and the plurals of the same.
UNREGISTERED
Denotes the status of a motor vehicle when an appropriate and valid
registration of any state or other entity granting registrations recognized
by the State of New York is not in effect for the vehicle. Failure to bear
an appropriate license plate and registration sticker or other lawful proof
of registration shall give rise to a presumption that the vehicle is "unregistered."
Application for the license and the certificate of approved location
shall be made, in writing, to the Village Board. The application shall be
accompanied by a certificate from the Zoning Board that the proposed location
is not within an established district restricted against such uses or otherwise
contrary to the prohibitions of such Zoning Ordinance or local law. The application shall contain a description of the land to be
included within the junkyard.
Notwithstanding any of the foregoing provisions of this chapter, no
junkyard hereafter established, or any part thereof, shall be licensed to
operate within 500 feet of a church, school, hospital, public building or
place of public assembly and no closer than 100 feet from any other property
line.
Any person violating any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $250 for each offense or imprisonment not exceeding 15
days, or both such fine and imprisonment. Each week's continued
violation of the provisions of this chapter shall constitute a separate offense.
The provisions of this chapter may be enforced by any duly authorized
peace officer and/or Codes Enforcement Officer and/or their duly authorized
assistants.