The purpose of this chapter is to regulate, control and license those
activities or businesses known as "vehicle dismantlers," "automobile graveyards,"
"junkyards" and "secondhand parts collection areas."
This chapter shall supersede the provisions of § 136 of the
General Municipal Law.
As used in this chapter, the following terms shall have the meanings
indicated:
AUTOMOBILE JUNK
Junked, scrapped, ruined, dismantled or wrecked motor vehicles or
parts therefrom, including batteries and tires.
JUNKED MOTOR VEHICLES
A.
Any motor vehicle which is:
(1)
Wrecked, without reasonable likelihood of repair;
(4)
Partially dismantled, so as to be inoperable, without a reasonable likelihood
of timely repair.
B.
For purposes of this chapter, the following facts, if proven, shall
constitute presumptive evidence that a motor vehicle is a junked motor vehicle:
(1)
The vehicle is unregistered; and
(2)
Such motor vehicle cannot move under its own power, and
(3)
Such vehicle has not moved under its own power for a period in excess
of three months.
C.
The above presumption may be rebutted upon a showing that the vehicle
is either 1) a bona fide antique or 2) a bona fide racing vehicle.
JUNKYARD
Any place for the outdoor storage or deposit of six or more junked
motor vehicles, as defined in this chapter, whether for resale or sale of
used parts therefrom or for use of some or all of the materials therein, whether
metal, glass, fabric, or otherwise or for disposing of the same. "Junkyard"
shall include any place of outdoor storage or deposit of used parts or waste
materials from junked motor vehicles or automobile junk, derived from such
junked motor vehicles, which, taken together, equals in volume at least 100
cubic feet; also any land or structure used for collection, storage, sale
or disposal of automobile junk, or other discarded materials derived from
junked motor vehicles.
MOTOR VEHICLE
Any automobile, truck, tractor, trailer, bus, motorcycle, recreational
vehicle, or other powered vehicle, intended for travel on the public highways.
PERSON
An individual, association, partnership or corporation.
No person shall, within the City of Canandaigua, 1) operate any junkyard
or 2) engage in or conduct, directly or indirectly, as agent, employee or
otherwise, at wholesale or retail, any operation which involves the collection,
storage, burning, dumping, disassembling, dismantling, salvaging, sorting,
handling or arranging, for sale, resale, storage or disposal of junked motor
vehicles as defined in this chapter, without first obtaining a junkyard license
as hereinafter provided.
Junkyards established in the City of Canandaigua, as of the effective
date of this chapter, shall conform to the requirements of this chapter within
three years from the date of its enactment. Such junkyards shall be considered
approved for the first of said three years after enactment, providing that
the operator of such junkyard shall apply for a license within 60 days of
the adoption of this chapter. During the second and third year after enactment
of this chapter, such operator shall be granted, after submitting a completed
application, a temporary license to operate, providing that during said first
year, such operator has submitted and had approved by the City Council of
the City of Canandaigua a timetable of compliance with this chapter, and that
said timetable of compliance is being adhered to during the second and third
year of operation. The City Council shall have the right to grant any operator
affected by this section a variance where proof is supplied that unique preexisting
conditions exist. Any application for variance must be made to the City Council
within the first three years after enactment of this chapter.