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:
JUNK DEALER
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.
JUNKYARD or AUTOMOBILE WRECKING YARD
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.
[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.
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.
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.
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.