[HISTORY: Adopted by the Town Board of the
Town of Walworth 5-6-1982 by L.L. No. 1-1982. Amendments noted where
applicable.]
This chapter shall apply to every person who
shall be engaged in business as a junk dealer as hereinafter defined.
A clean, wholesome, attractive environment is
declared to be of importance to the health and safety of the inhabitants
of this Town 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 and the general welfare of its inhabitants. The outdoor
storage of junked or wrecked motor vehicles or parts thereof and other
scrap or waste material is detrimental to the health, safety and general
welfare of the Town. Such storage also endangers the person and property
of members of the community, since fuel tanks of junked automobiles
containing gasoline or gasoline fumes may easily explode and the accumulation
of waste material, unless regulated, can cause serious fire and safety
hazards and the harboring of vermin or may have serious environmental
effects.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
Any person who shall carry on the business of buying, selling, storing or processing any of the articles enumerated in § 99-4 at a place of business of a junkyard or automobile wrecking yard as defined below.
In addition to the definitions contained in § 180-4 of this Code, any place of storage or deposit, whether in connection with another business or not, where junked motor vehicles, wrecks or parts thereof and other waste material are bought, sold, stored, dismantled, processed for salvage or otherwise handled for any other related purpose.
No person shall engage in or conduct the business
of junk dealer within the Town of Walworth, either for himself or
for and on behalf of any other person, directly or indirectly as agent,
employee or otherwise, either for profit 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 junked or wrecked motor vehicles or of any other secondhand
or used property of whatever material it is composed or of 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.
A.
Information required.
(1)
Each
applicant for a license hereunder shall execute under oath an application
therefor, to be supplied by the Town and obtained from the Town Clerk's
office, and submit that to the Building Inspector's office, which
application shall contain the following information:
(a)
The full name of the applicant. If the applicant
is an individual, his or her address; if a partnership, the names
and addresses of all partners; if a corporation, the names and addresses
of all officers, stockholders and directors.
(b)
The applicant shall set forth for each person listed under Subsection A(1)(a) above a record of conviction, except for traffic violations, and the nature, date, court and disposition of each such conviction.
(c)
The applicant shall list any and all previous
applications to the Town or any other town to carry on this proposed
business or a similar business and the disposition of the application
and, if denied or terminated, the reason why denied or terminated.
(d)
The applicant shall set forth a list of any
zoning, building or junkyard violations or citations which have been
issued by any state or municipal government where the applicant has
transacted business or has been associated with a similar business
and give the state, the municipality and the reason for the citation
and the final disposition of the violations or citations.
(e)
The applicant shall list all organizations or persons who have a financial interest in the real property or the inventory or the business and, if the organization is other than a licensed banking institution in the State of New York, furnish the information under Subsection A(1)(a), (b), (c) and (d) above with regard to each.
(f)
The applicant shall list all names or assumed
names or corporate names under which the applicant has done business
or with which the applicant has been connected in the previous 10
years and the address of each business.
(g)
The applicant shall state the name of the proposed
business and, if an assumed name, proof of compliance with the law
or, if a corporation, proof of incorporation and current status of
the corporation.
(h)
The applicant shall state that the applicant
shall be responsible for the proper maintenance of the junkyard or
automobile wrecking yard and its upkeep during the license period.
(i)
An
application fee.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(j)
Such other information as may be required by
the Town Board, including, but not limited to, for example, evidence
of compliance and/or licensing required by any state and/or federal
agency having jurisdiction over such matters.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The applications shall be signed and sworn to before
a notary public or other officer authorized to administer oaths.
B.
The renewal of each license may incorporate by reference
any previous information submitted but will also set forth any known
citations, violations or complaints made to the Town or any state
or county official. The annual renewal fee is set forth at the Town
of Walworth Fee Schedule on file with the Walworth Town Clerk, which
fee shall be determined by Town Board resolution.
[Amended 9-1-1994 by L.L. No. 1-1994; 11-5-2015 by L.L. No. 5-2015]
C.
The license issued is not transferable nor may a third
party lease the premises and attempt to operate under the license.
A change in ownership of the real property or the business including
a change of ownership of at least 25% (including shares of stock in
the corporation owning the real property or the business) shall require
the approval by the Town of a new application prior to the effective
date of change. Where required by state and/or federal law and/or
Department of Agencies thereof, the property must also be declared
to be free from any hazardous waste and/or other materials. All associated
costs shall be the responsibility of the property owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Map or plan. At the time of making the application,
the applicant shall submit to and file with the Building Inspector
a map or plan of the real property upon which he/she intends to conduct
the activity or business for which he/she is making application for
a license hereunder with the area of such real property which it is
proposed to be used 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. This requirement shall be in addition
to any requirements set forth in any other chapter or section of the
Code of the Town of Walworth.
E.
Agreement to comply with regulations. In the application,
the applicant shall agree that if granted the license applied for,
he/she will conduct the activity or business pursuant to the regulations
hereinafter set forth and that upon his or her failure to do so, such
license may be revoked forthwith.
F.
Bond. Such application shall be accompanied by a bond to the Town of Walworth, approved as to form by the attorney for the Town, in the penal sum of $5,000 with sufficient surety or securities or sufficient collateral security, conditioned for the due observance during the term of the license of any and all provisions of this chapter and the Code of the Town of Walworth which are now in force or may hereafter be adopted by the Town Board respecting the collection, buying, selling or otherwise dealing in articles enumerated in § 99-4.
[Amended 9-1-1994 by L.L. No. 1-1994]
A.
Upon the filing of the application and the bond as provided in the preceding section, the Town Board may, upon approval of such application after investigation thereof and of such bond as to sufficiency of surety or sureties or collateral security and the payment to the Town of the license fee hereinafter provided, issue to the applicant a license to engage in business as provided in § 99-4. No license shall be refused except for a specific reason, including but not limited to past performance as an operator of such a business and/or his or her record of compliance with the codes and regulations of the Town and any previous town, and for the protection of public safety, health, welfare or morals.
B.
All licenses shall state clearly the location of the
junk business, the date of issuance and expiration of the license
and the name and address of the licensee.
C.
No applicant to whom a license has been refused or
whose license has been terminated shall make further application until
a period of at least six months shall have elapsed since the last
previous rejection unless he/she can show that the reason for such
rejection no longer exists.
D.
Any license granted hereunder shall not be deemed
to waive any provision of the Code of the Town of Walworth.
[Amended 9-1-1994 by L.L. No. 1-1994]
Every junk dealer as defined in § 99-3 shall pay an annual license fee as set forth from time to time by Town Board resolution.
A.
All licenses shall be issued as of January 1 and shall
continue in force until December 31 next succeeding the date of issuance
thereof, unless sooner revoked by the Town Board.
B.
Each applicant shall file the renewal application
not less than 60 days prior to the expiration of the existing license.
If it is an initial application for a license, the application must
be filed at least 60 days prior to the date the business is expected
to commence.
Each junk dealer while exercising his or her
license shall exhibit the same whenever requested to do so by a police
officer or other official of the Town. No license shall be used by
any person other than the original licensee, and any holder of such
license who permits it to be used by any other person and any person
who uses such license granted to any other person shall be guilty
of a violation of this chapter. Whenever a license shall be lost or
destroyed without fault on the part of the holder or his or her agent
or employee, a duplicate license in lieu thereof under the original
application and bond may be issued by the Town Board in its discretion,
upon filing of a sworn affidavit providing the loss of such license.
A.
Licensee to be responsible. The licensee must personally
manage or be responsible for the management of the activity or business
for which the license is granted.
B.
Office and employees. 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.
C.
Fencing. Notwithstanding any other provision of this
Code of the Town of Walworth, every junkyard shall be completely surrounded
with a fence at least eight feet in height which substantially screens
by any opaque, permanent material and with a suitable gate which shall
be closed and locked except during the working hours of such yard
or when the applicant or his or her agent shall be within. Such fence
shall be erected not nearer than 50 feet to a public highway. All
junked motor vehicles and waste material stored or deposited by the
applicant or third parties shall be kept within the enclosure of the
junkyard except as removal shall be necessary for the transportation
of the same in the reasonable course of the business, but in no event
shall any automobiles, parts or material be allowed to remain outside
of the fenced enclosure overnight. All processing and dismantling
shall be accomplished within the enclosure.
D.
Fire lanes. Inside and adjacent to and contiguous
with such fence a strip of land at least 12 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.
E.
Other provisions. The applicant must comply with all
other provisions of the Code of the Town of Walworth.
F.
Burning prohibited; location of material.
(1)
No materials shall be burned.
(2)
The junked motor vehicles, parts and materials dealt
in by the licensee shall be arranged in neat rows so as to permit
easy, clear passage through the area.
(3)
Open storage of junked motor vehicles and other waste
material shall be separated by twelve-foot lanes at least every 50
feet in width and 75 feet in depth and shall not be stored closer
than 12 feet to any building or structure.
(4)
Access lanes shall be adequately graded and drained
to prevent seasonal flooding and shall be prepared and covered with
a material to make them operable in all seasons, sufficient to support
emergency vehicles.
(5)
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.
G.
Waste facilities.
(1)
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.
(2)
A collection or holding tank shall be constructed
with a collection system to prevent contaminated runoff of other substances
from leaving the premises, except in trucks approved and licensed
for that purpose by the State of New York Department of Environmental
Conservation.
(3)
Equipment specifically designed to reclaim refrigerant from air-conditioning
systems must always be on site and operable.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(4)
Records for the disposal of tires, vehicles and other waste materials
found in junkyards must be kept at the site and available for inspection
upon request.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
H.
Access to Town officials. Police officers, any member
of the Town Board or any of its representatives, in particular the
Zoning Enforcement Officer, 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.
I.
Standards of performance.
(1)
The applicant at all times shall comply with the performance
standards required of all businesses within an industrial zone.
(2)
The hours of operation shall be not before 7:00 a.m.
and not after 6:00 p.m. on any day of the week and not before 9:00
a.m. and not after 2:00 p.m. on Saturday and Sunday of each week.
(3)
Vermin control, grounds, buildings, and waste material shall be maintained free of insect, vermin and rodent harborage and infestation. The junk dealer shall engage in adequate measures to control any rodent harborage, and shall maintain records thereof (subject to inspection as requested). If such grounds, buildings, and waste materials are not maintained free of insect, vermin and rodent harborage and infestation, the Town may take such appropriate actions as necessary under § 99-12, Revocation of license.
[Amended 6-17-1982 by L.L. No. 2-1982;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
No junk dealer shall carry on the business at or from
any other place than the one designated in the license therefor nor
shall he/she continue to carry on business after such license has
been revoked or has expired.
B.
No person licensed under the provisions of this chapter
shall, during the continuance of such license, use, exercise or carry
on the business or trade of a pawn broker nor shall any pawn broker
receive a license under the provisions of this chapter.
C.
No license as junk dealer shall be granted to any
person who shall have been convicted of a violation of this Code of
the Town of Walworth within five years of the date of application;
or who has been cited for a violation of this Code which has not been
resolved to the satisfaction of the appropriate agency within 10 days
of receipt of the citation; or who shall have been a member of an
association or an officer of a corporation which shall have been so
convicted; also any person who shall have been convicted of a felony
or of knowingly receiving stolen goods or a member of any association
or partnership or an officer of any corporation which shall have been
so convicted or so cited for a violation of the Code.
D.
No person shall be granted a license to conduct the
business of junk dealer who does not have valid licenses and/or permits
for associated activities as are required by New York State, federal
governmental agencies and/or any other agency having jurisdiction
over such matters.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town Board may, at any time, for such cause
as it, upon investigation, deems sufficient, revoke any license granted
under the provisions of this chapter. Whenever any license shall be
so revoked, no refund of any unearned portion thereof shall be made
and no license shall be granted to any person whose license has been
so revoked within a period of five years from the date of such revocation.
Notice of such revocation and the reason or reasons therefor, in writing,
shall be served by the Town Clerk upon the person named in the application
by mailing the same to the address given in the application and upon
filing a copy of such with the Town Clerk.
A.
Keeping of records. Every junk dealer shall keep,
in such form as the State of New York and/or federal governmental
agencies and/or the Town of Walworth may prescribe, and written in
ink or indelible pencil, a daily record of all articles purchased,
the name, residence, and occupation of the person from whom each article
was purchased and the name of the employer, if any, of such person;
also the date of such purchase and price paid. The records shall be
open to inspection at all reasonable times by any law enforcement
officer or other authorized official of the Town. No entry in such
records shall be changed, erased, or defaced in any way.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Reports to Police Department. Every junk dealer, upon
being served with a written notice so to do by any police agency,
shall report to the party requesting the same, on blank forms to be
furnished by the police agency, an accurate description of all goods,
articles or things purchased or received by him or her in the course
of business as a junk dealer at such time and during such period of
time specified in the notice, stating the amount paid for and the
name, residence and general description of the person from whom such
goods, articles or things were received.
C.
Lost or stolen goods. If any goods, articles or things
whatsoever shall be advertised in any newspaper having general circulation
in the Town as having been lost or stolen, and the same or any answering
the description advertised or any part or portion thereof shall be
or come into the possession of any junk dealer, he/she shall give
information thereof, in writing, to the Sheriff's Department or State
Police and state from whom the same was received. Any junk dealer
who shall have or receive any goods, articles or things lost or stolen
or alleged or supposed to have been lost or stolen shall exhibit the
same on demand to any police officer or to any official of the Town.
The Building Inspector shall enforce this chapter,
and he/she and any of his or her subordinates or agents shall be granted
access to any junkyard and all areas therein within the control of
the junk dealer at all reasonable times, upon exhibiting proper credentials.
[Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No.
5-1999]
Each violation of any provision of this chapter
shall constitute a violation, pursuant to the Penal Law, and, upon
conviction, shall be punishable by a fine of not more than $250 or
by imprisonment for not more than 15 days, or both.
