[HISTORY: Adopted by the Town Board of the
Town of Westfield 9-4-1969. Amendments noted where applicable.]
This chapter shall be known and may be cited
as "Local Law Providing for Licensing and Regulating of Junkyards."
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 and the general welfare of its citizens. It is further declared
that the unrestrained accumulation of junk motor vehicles and other
secondhand or used property is a hazard to such health, safety and
welfare of citizens of the town, 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
a 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 or for the purpose of reclaiming for use some
or all of the materials therein, whether metal, glass, fabric or otherwise,
or for the purpose of disposing of the same or for any other purpose;
such term shall include any place or storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles. The term
"junkyard" shall also be construed to mean any place of storage or
deposit, whether in connection with a business or not, where there
is accumulated therein and thereon any secondhand or used property
of whatever material it is composed of or any waste material, whether
composed of wood, paper, cloth, cardboard, plastics, metals, stone,
cement or otherwise, which, taken together, exceed in bulk two cubic
yards.
All vehicles propelled or drawn by power other than muscular
power and shall include but not be limited to passenger automobiles,
trucks, tractor-trailers, buses, motorcycles or other vehicles, as
well as tractors, bulldozers and any other self-propelled machinery
and/or equipment.
An individual, an association, a partnership or a corporation.
No person shall operate, establish or maintain
a junkyard until he has obtained:
Application for a license and certificate of approval for the location shall be made in writing to the Town Board, and the application shall be accompanied by a certificate from the Code Enforcement Officer that the proposed location is not within an established district restricted against such uses or is otherwise contrary to the prohibitions of Chapter 185, Zoning. The application shall contain a description and an accurate plan or map of the land to be included within the junkyard.
A hearing on the application shall be held by
the Town Board within the town not less than two nor more than four
weeks from the date of the receipt of the application by the Town
Board. Notice of the hearing shall be given to the applicant by mail,
postage prepaid, to the address given in the application and shall
be published once in a newspaper having a circulation within the town,
which publication shall be not less than seven days before the date
of the hearing.
At the time and place set for hearing, the Town
Board shall hear the applicant and all other persons wishing to be
heard on the application for a license to operate, establish or maintain
a junkyard. In considering such application, it shall take into account
the suitability of the applicant with reference to his ability to
comply with the fencing requirements or other reasonable regulations
concerning the proposed junkyard, to any record of conviction for
any type of larceny or receiving of stolen goods and to any other
matter within the purposes of this chapter.
At the time and place set for hearing, the Town
Board shall hear the applicant and all other persons wishing to be
heard on the application for certificate of approval for the location
of the junkyard. In passing upon same, it shall take into account,
after proof of legal ownership or right to such use of the property
for the license period by the applicant, the nature and development
of traffic flow and surrounding property, such as the proximity of
residences, churches, schools, hospitals, public buildings or other
places of public gathering, and whether or not the proposed location
can be reasonably protected from affecting the public health and safety
by reason of offensive or unhealthy odors, smoke, sounds or dust or
of other causes.
At the hearing regarding location of the junkyard,
the Town Board may also take into account the clean, wholesome and
attractive environment which has been declared to be of vital importance
to the continued general welfare of its citizens by considering whether
or not the proposed location can be reasonably protected from having
an unfavorable effect thereon. In this connection, the Town Board
may consider collectively the type of road serving the junkyard or
from which the junkyard may be seen, the natural or artificial barriers
protecting the junkyard from view, the proximity of the proposed junkyard
to established residential and recreational areas, main access routes,
interstates or other limited access road thereto, as well as the reasonable
availability of other suitable sites for the junkyard.
[Amended 8-4-2010 by L.L. No. 4-2010]
After the hearing, the Town Board shall, within
two weeks, make a finding as to whether or not the application should
be granted, giving notice of its findings to the applicant by mail,
postage prepaid, to the address given on the application. If approved,
the license, including the certificate of approval for the location,
shall be forthwith issued to remain in effect for a period of one
year from the date of issuance. Approval shall be personal to the
applicant and not assignable. The determination of the Town Board
may be reviewed under Article 78 of the Civil Practice Law and Rules.
[Amended 8-4-2010 by L.L. No. 4-2010[1]]
A.
Once approved,
licenses shall be renewed thereafter upon approval of the renewal
application and payment of the annual license fee, without hearing,
provided that all provisions of this chapter have been complied with
during the license period, all conditions of the license imposed by
the Town Board have been met, the junkyard complies with all applicable
federal, state, and local laws, including building codes, and the
junkyard has not become a public nuisance under the common law, the
applicant has not been convicted of any type of larceny or the receiving
of stolen goods.
B.
The licensee shall submit a renewal application no less than 120 days prior to the expiration date of the current license. Upon receipt of a renewal application, the Town Clerk shall refer the application to the Town Code Enforcement Officer, who shall within 15 days conduct an inspection of the junkyard to determine whether such yard is being operated in accordance with the provisions of the above § 106-11A.
(1)
If the Code Enforcement Officer determines that the junkyard is being operated in accordance with § 106-11A, he shall make a written report of same to the Town Clerk, who shall forthwith issue the renewal license.
(2)
If
the Code Enforcement Officer determines that the junkyard is not being
operated in accordance with § 196-11A, he shall notify the
licensee in writing of the violation(s) and give the licensee 30 days
to cure such violation(s). At the conclusion of the thirty-day period,
or earlier upon the licensee’s request, the Code Enforcement
Officer shall reinspect the junkyard.
(a)
If the licensee has cured the violation(s), the Code Enforcement
Officer shall make a written report of same to the Town Clerk, who
shall forthwith issue the renewal license.
(b)
If the licensee has failed to cure the violation(s), the Code Enforcement Officer shall make written report of same to the Town Board, which shall then hold a hearing on the application in accordance with §§ 106-6 through 106-10 hereof and make a finding as to whether or not the license should be renewed.
[Amended 7-1-1998 by L.L. No. 1-1998]
The annual license fee shall be as set forth
from time to time by the Town Board, to be paid at the time the application
is made and annually thereafter in the event of renewal. In the event
that the application is not granted, the fee shall be returned to
the applicant. In addition to the license fee, the applicant shall
pay to the town the cost of publishing notice of hearing on such application
and such other reasonable costs incident to the hearing as are clearly
attributable thereto, which shall be paid to the Town Clerk prior
to the publication of the notice of hearing. These costs shall not
be refunded if the application is denied.
A.
Before use, a new junkyard shall be completely surrounded
with an opaque fence of wood or other material of uniform color and
appearance. The fence shall be at least eight feet in height with
a suitable gate and entranceway permitting delivery vehicles to be
clear of the highway. The gate shall be closed and locked except during
the working hours of such junkyard or when the applicant or his agent
shall be within.
B.
Such fence shall be erected at least eight feet from
a boundary line of any public street or highway, at least 50 feet
from any existing dwelling house and at least eight feet from any
property line not bordering on any public street or highway.
C.
All motor vehicles and parts thereof, and all secondhand
or used property, as hereinabove defined, stored or deposited by the
applicant shall be kept within the enclosure of the junkyard, unless
removal shall be necessary for the transportation of same in the reasonable
course of business. Motor vehicles shall not be piled higher than
two motor vehicles piled one upon the other, nor to any height higher
than the fence enclosing said junkyard.
D.
All wrecking or other work on such motor vehicles
and parts and other secondhand or used property, as hereinafter described,
shall be accomplished within the enclosure. All burning is prohibited
except as provided for by the Air Pollution Control Act.
E.
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.
[Amended 7-1-1998 by L.L. No. 1-1998]
For the purposes of this chapter, the location
of junkyards already established shall be considered approved by the
Town Board where validly located and the owner thereof deemed suitable
for the issuance of a license. Such license shall be renewed only
upon satisfactory proof that all provisions of this chapter, including
the location and fencing requirements, have been fully complied with.
Notwithstanding any of the foregoing provisions
of this operate chapter, no junkyard, hereafter established, shall
be licensed to 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 7-1-1998 by L.L. No. 1-1998]
The Code Enforcement Officer shall provide notice,
by registered mail, of violation of the provisions of this chapter.
The owner, lessee or licensee of any property or place of business
shall have 60 days to correct such violation, after which time the
Town Board will sue according to the provisions of this chapter.
A.
The owner, lessee or licensee of any property or place
of business who commits or permits any acts in violation of any of
the provisions of this chapter shall be deemed to have committed an
offense against such chapter and also shall be civilly liable for
any such violation. Each day such violation shall continue or be permitted
to exist shall constitute a separate offense and violation subject
to civil penalty.
C.
Conviction for any above-mentioned violations shall
constitute and effect an immediate forfeiture of the license.
D.
Any person violating this chapter shall be subject
to a civil penalty enforceable and collectible by the town in the
amount of $100 for each such offense.
E.
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 such chapter.
