[HISTORY: Adopted by the Town Board of the
Town of Clinton 8-12-1969 by L.L. No. 5-1969. Amendments noted where
applicable.]
A clean, wholesome, attractive environment is
declared to be of importance to the health and safety of the inhabitants
and to 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 is a hazard
to the 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 hereof.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
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 or
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose;
such term will include any place of 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; provided,
however, the term "junkyard" shall not be construed to mean an establishment
having facilities for processing iron, steel, or nonferrous scrap
and whose principal produce is scrap iron, steel or nonferrous scrap
for sale for remelting purposes only.
All vehicles propelled or drawn by power, other than muscular
power, originally intended for use on public highways.
An individual, an association, a partnership or a corporation.
No person shall engage in, operate, establish,
maintain or conduct on real property within the Town of Clinton, either
for himself or for and on behalf of any other person directly or indirectly
as agent, employee or otherwise, any junkyards, without first obtaining
a license and certificate or approved location therefor as hereinafter
provided.
A.
Application for the license and the certificate of
approved location shall be made in writing to the Town Board of the
Town of Clinton, and shall state where the proposed junkyard shall
be located, and if a corporation, the names and addresses of all officers,
stockholders, and employees. The application shall contain a description
of the land to be included within the junkyard, indicating distances
from highways and lot lines.
B.
In the application the applicant shall agree that
if granted the license applied for, he will conduct the activity or
business pursuant to the regulations hereinafter set forth and that
upon his failure to do so, such license may be revoked.
A hearing on the application shall be held within
the municipality 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 the official newspaper, which publication shall not be 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
the 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 and other reasonable regulations
concerning the proposed junkyard, to any record of convictions for
any type of larceny or receiving of stolen goods, and to any other
matter hereof.
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 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 surrounding property, such as the proximity of 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 or smoke, or of other causes.
At the hearing regarding location of the junkyard,
the Town Board may also consider the clean, wholesome and attractive
environment which has been declared to be of vital importance to the
continued general welfare of its citizens and whether or not the proposed
location can be reasonably protected from having an unfavorable effect
thereon. In this connection the Town Board may consider the road servicing
the junkyard, the type of road and whether the junkyard can be seen
from it, the natural or artificial barriers protecting the junkyard
from view, the proximity of the proposed junkyard to establish residential
and recreational areas or main access routes thereto, as well as the
reasonable availability of other suitable sites for the junkyard.
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 approved location, shall
be forthwith issued, to remain in effect until the following April
1. Approval shall be personal to the applicant and not assignable.
Licenses shall be renewed thereafter upon payment of the annual license
fee without hearing, provided all provisions of this chapter are complied
with during the license period, the junkyard does not become a public
nuisance under the common law and the applicant is not convicted of
any type of larceny or the receiving of stolen goods.
The annual license fee shall be as provided
and set forth in the current Fee Schedule Resolution of the Town Board,
to be paid at the time the application is made and annually thereafter
in the event of renewal. In the event the application is not granted,
the fee shall be returned to the applicant. In addition to the license
fee, the applicant shall pay the costs of advertising such application
and such other reasonable costs incident to the hearing as are clearly
attributable thereto; and the license shall be conditioned upon payment
of same.
A.
Before use, a new junkyard shall be completely surrounded
with a fence at least eight feet in height which substantially screens
and with a suitable gate which shall be closed and locked except during
the working hours of such junkyard or when the applicant or his agent
shall be within. Such fence shall be erected not nearer than 100 feet
to the public highway and lot lines. All motor vehicles and parts
thereof stored or deposited by the applicant shall be kept within
the enclosure of the junkyard except as removal shall be necessary
for the transportation of same in the reasonable course of the business.
All wrecking or other work on such motor vehicles and parts shall
be accomplished within the enclosure.
B.
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 and that
no material shall be stored so as to be visible at any property line
of the junkyard.
For the purposes of this chapter the location of junkyards already established shall be considered approved by the Town Board and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish the Town Board the information as to location which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until the next January 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in § 153-11.
Notwithstanding any of the foregoing provisions
of this chapter, no junkyard, hereafter established, shall be licensed
to operate if such yard or any part thereof shall be within 500 feet
of a church, school, hospital, public building or place of public
assembly.
A.
The licensee must personally manage or be responsible
for the management of the activity or business for which the license
is granted.
B.
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.
Inside, adjacent to and contiguous with such fence
a strip of land at least 10 feet in width shall be kept free of all
dry grass, other growth or other combustible materials so as to provide
a fire lane or line around the whole area where the activity or business
of the licensee is being conducted.
D.
The autos, parts and materials dealt in by the licensee
shall be disassembled or dismantled by means other than by burning.
They shall be piled or arranged in neat rows so as to permit easy,
clear passage through the area.
E.
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.
F.
Suitable sanitary facilities within the area 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. Such sanitary facilities
shall be separate and apart from any residence upon the premises.
G.
The area of the licensee's activity or business shall
not be used as a dump area nor as a place for the burning and disposal
of junk or trash.
H.
The Zoning Administrator, the Town Clerk, the Town
Board or any of its representatives shall be granted access to the
area of the activity of business of the licensee at all reasonable
hours to inspect the same for compliance herewith. [1]
I.
In addition to the other requirements herein, before
a license is granted, the applicant shall present to the Town Clerk
a bond in such penal amount as the Town Board shall determine and
approved as to form by the Attorney for the Town, which bond shall
be conditioned for the payment of any civil penalty which might be
imposed against the applicant under the provisions of this chapter
and also shall be conditioned that the applicant will remove all items
and materials, including fencing, from the premises at the termination
of the license period or renewal thereof, or at such time as the business
conducted upon the premises shall be discontinued, either voluntarily
or by action under this chapter or in default thereof licensee shall
be responsible for all costs incurred by the Town in the removal of
all material and items used in the business, including fencing from
the premises upon which the business was conducted.
A.
The owner or licensee of any such place of business
who commits or persists in any acts in violation of the provisions
of this chapter shall be deemed to have committed an offense, and
shall be liable for any such violation and penalty therefor. Each
day such violation shall continue or be permitted to exist shall constitute
a separate violation.
C.
Conviction for any violator shall constitute and effect
an immediate forfeiture of the license.
D.
[2]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 any violation hereof.
E.
Any offense hereunder, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, shall be
deemed a misdemeanor and for such purpose only all provisions of law
relating to misdemeanors shall apply to such violation.
