[HISTORY: Adopted by the Town Board of the Town of Huntington 6-3-1969 as Ch. 7 of the 1969 Code of the Town of Huntington; amended in its entirety 6-4-2002 by L.L. No. 17-2002. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Solid waste management: collection, recycling and disposal — See Ch. 117.
Littering and dumping — See Ch. 133.
Storage of damaged vehicles — See Ch. 156, Art. III.
Waste management — See Ch. 195.
Zoning — See Ch. 198.
A. 
It is declared that the unrestrained accumulation of junk vehicles is a hazard to the health, safety and welfare of inhabitants, visitors and guests in the Town of Huntington. Places in which junk vehicles are stored tend to become overgrown with weeds, littered with rubbish and debris and infested with rats, mice, insects, reptiles and other vermin. It is the intent of the Huntington Town Board to maintain a clean, wholesome, attractive community and environment and to guard against the creation of attractive nuisances to children and conditions which may endanger the health, safety and welfare of Town residents; spread disease; invite plundering: attract vagrants; create fire hazards; reduce the value of property; interfere with the use and enjoyment of private property and interfere with the comfort and well-being of the public. At the same time, it is recognized that the maintenance of junkyards as defined in this chapter in a suitable location, can serve a useful purpose and may need to be accommodated when located in the proper zoning district and not in conflict with the expressed purpose of this chapter.
B. 
This legislation is enacted pursuant to the powers vested in the Huntington Town Board by virtue of § 10 of the General Municipal Home Rule Law, § 136(12) of the General Municipal Law, § 64(23) and § 130(6) and (15) of the Town Law and all other applicable laws, rules and regulations.
For the purposes of this chapter, the following words shall have the meanings indicated:
JUNKYARD
Any nonresidentially zoned parcel or tract of land with or without a building thereon used, operated and/or maintained, in whole or in part, for collecting, storing, depositing, keeping, buying, selling, exchanging, dismantling, handling, compacting, shredding, processing and/or salvaging two or more motor vehicles which are either unregistered, or uninspected, or dismantled (in whole or in part), or in a rusted or wrecked condition, or in such condition or state of disrepair that such vehicle can not be registered immediately without extensive repair, or for which the cost of repair exceeds the book value of the motor vehicle. This chapter is not intended to apply to gas stations, autobody shops or automobile dealerships.
MOTOR VEHICLE
Any vehicle, whether automobile, bus, trailer, truck, mobile home, motorcycle, motor bicycle, minicycle or other contraption propelled or drawn by power other than muscular power, and originally manufactured or intended for use on public highways.
A. 
No person or business entity owning or in possession, in charge and/or in control of nonresidentially zoned property, or any building thereon, shall operate, establish, maintain or permit the use, operation and/or maintenance of a junkyard unless such person or business entity has been issued a license to operate a junkyard by the Huntington Town Clerk and has obtained a certificate of permitted use for the location of such junkyard. In order to be a junkyard conforming to the zoning regulations of the Town of Huntington, it must be situated in an I-5 General Industry District.
B. 
The provisions of this chapter shall not apply to officers or employees of the Town, county, state or federal government, or any subdivision thereof, when such land or building is used, operated and/or maintained for official governmental business.
A. 
All licenses issued pursuant to this chapter, and any renewal thereof, shall be for a period of one (1) year. Said term shall commence upon issuance and shall expire on December 31 of the year issued, unless sooner revoked.
B. 
Applications for renewal of all licenses shall be made to the Huntington Town Clerk no earlier than sixty (60) days prior to the expiration date of the license. An application for renewal of any license made more than thirty (30) days after the expiration date of the license shall be subject to an additional penalty of fifty ($50) dollars.
[Amended 9-27-2005 by L.L. No. 35-2005]
A. 
The proposed location shall not be contrary to or violate the Zoning Ordinance of the Town of Huntington and a license to operate a junkyard shall not be issued unless the applicant has produced a copy of a valid certificate of permitted use; and
B. 
No junkyard shall be licensed to operate if such property, or any part thereof, is located within 500 feet of a place of worship, school, hospital, public building or place of public assembly; and
C. 
No license shall be issued to any person who has been convicted of any crime or disorderly conduct offense in which deceit, misrepresentation or fraud is an element or any crime or disorderly conduct offense involving theft or receiving stolen goods, or if convicted of engaging in fraudulent or deceptive business practices in a business identical to or similar to the business for which the applicant seeks a license pursuant to this chapter, whether such conviction was as a principal, accessory before or after the fact or co-conspirator, nor shall a license be granted to any business entity if such business entity or a director, principal officer or major stockholder thereof has been convicted of such crime. If, at the time of application, more than five (5) years have elapsed since the date of such a conviction and it appears to the satisfaction of the Huntington Town Clerk, upon the recommendation of the Director of Public Safety, that the convicted person or business entity has conducted himself, herself or itself in a law abiding manner during such period and the association with the junkyard business will not be contrary to the public interest, the Huntington Town Clerk may, in his or her discretion, but is not required to, waive such restriction and issue a license; and
D. 
Where an applicant or a member thereof, if an unincorporated association, or, if a corporation, any director or officer, and any major stockholder thereof has previously been convicted of a violation of the Code of the Town of Huntington exclusive of an offense under this chapter, the Town Clerk shall issue the license, provided that the Director of Public Safety has recommended, in writing, that the license be issued based upon a determination that the code violations in question are minor and not likely to impact on the quality of service provided or otherwise impact on the applicant's ability to comply with the Town Code in the future; and
E. 
No license under this chapter shall be issued to an applicant whose license has been revoked at any time within the two (2) years immediately preceding the time of application for a license; and
F. 
No license shall be issued or renewed until the property has been inspected by the Town and found to be in conformance with all of the provisions of the Code of the Town of Huntington, including all applicable zone regulations.
[Amended 9-23-2008 by L.L. No. 28-2008]
Applications for a license or a renewal thereof shall be accompanied by a non-refundable processing fee of two hundred and fifty ($250) dollars and filed with the Huntington Town Clerk on a form supplied by the Town Clerk. An application for the renewal of a license shall be filed yearly if the applicant wishes to continue such activity. An application for a license or renewal thereof shall be in the form of a sworn and notarized affidavit by the applicant attesting to the truth and accuracy of the information contained therein, to the best of his or her knowledge and belief, including the information set forth herein.
A. 
General Information:
(1) 
The name, residence address and telephone number of each individual owner or, if a business entity, each stockholder, officer, director and partner thereof, together with the New York sales tax identification number for all persons, corporations, partnerships, associations or other business entities; and
(2) 
The trade name, address and telephone number of the business on behalf of which the application is made; and
(3) 
The name, residence address and telephone number of each person employed or intended to be employed in the business as of the time the application is filed; and
(4) 
The Suffolk County Tax Map Number, property address and telephone number of the place where the junkyard is located or is proposed to be carried on; and
(5) 
The name, address and telephone number of the owner or owners of the property under consideration and the nature of the applicant's right to occupy or use the property; and
(6) 
The zoning classification of the property intended to be utilized for the operation of a junkyard; and
(7) 
A statement as to whether the premises comply in all respects with the Zoning Ordinance of the Town of Huntington and the New York State Uniform Codes; and
(8) 
Whether the applicant or a member thereof, if an unincorporated association, or, if a corporation, any director or officer, and any major stockholder thereof has a record of a prior conviction or convictions of any crime or disorderly conduct offense in which deceit, misrepresentation or fraud is an element or any crime or disorderly conduct offense involving theft or receiving stolen goods, or of engaging in fraudulent or deceptive business practices in a business identical to or similar to the business for which the applicant seeks a license pursuant to this chapter. Where there has been such a conviction or convictions, the applicant shall set forth in which court when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court that imposed such conviction(s). If a certificate of relief from civil disabilities has been issued by a court of competent jurisdiction, the applicant shall submit a certified copy of same. The applicant may submit a statement as he, she or it deems necessary to establish that the applicant is fit and capable of properly conducting the activity which the license is sought.
(9) 
Whether the applicant or a member thereof, if an unincorporated association, or, if a corporation, any director or officer, and any major stockholder thereof has previously been convicted of a violation of the Code of the Town of Huntington exclusive of an offense under this chapter. Where there has been such a conviction or convictions, the applicant shall set forth in which court when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court that imposed such conviction(s).
B. 
Identification:
(1) 
Fingerprints.
(a) 
All applicants shall be fingerprinted through, and shall pay the cost for the services of, a New York State Division of Criminal Justice Service-approved statewide vendor-managed civil fingerprint capture system.
[Amended 2-10-2015 by L.L. No. 9-2015]
(b) 
Any felonies and/or misdemeanors on the applicant's record shall disqualify the applicant from obtaining a license or permit, unless after submission of a certificate of relief from disabilities as provided for in Article 23 of the Correction Law, the Town Clerk determines that issuance of a license would not endanger the health, safety and welfare of the residents of the Town of Huntington.
[Amended 2-10-2015 by L.L. No. 9-2015]
(c) 
Criminal Justice Services shall return any criminal record discovered or a statement that no such record exists to the Town Clerk.
(d) 
New fingerprints for each renewal period may be waived by the Town Clerk, unless the license has lapsed for a period of time in excess of two (2) years.
[Amended 2-10-2015 by L.L. No. 9-2015]
(2) 
Photographs.
(a) 
Two identical photographs of the applicant, and in the case of a corporation or other business association, its principal officer or director, or major shareholder, or partner thereof, taken no longer than sixty (60) days prior to submission of the application, which shall be two (2) inches by two (2) inches in size, showing both head and shoulders of the applicant.
(b) 
New photographs for each renewal period may be waived by the Town Clerk.
C. 
Documentation:
(1) 
Certified copies of certificates on file with the New York State Secretary of State or other appropriate officer, if applicant employs a trade or assumed name, such as a D/B/A, corporation or partnership, under which the business is operated. A business entity formed outside the State of New York shall produce a certified copy of a certificate evidencing its right to do business within the State of New York; and
(2) 
A copy of the most current deed to the premises if the applicant is the owner thereof or a copy of a written lease or other document evidencing the applicant's right to possess or use the premises for a term at least as long as the term of the license. If the applicant is not the owner, then the application shall also be accompanied by a sworn and notarized affidavit of the owner of the premises evidencing the owner's consent to the operation of a junkyard at said location by the applicant; and
(3) 
A true and accurate copy of the latest survey and a site plan showing the precise location of all fencing (or proposed fencing) and buildings thereon. The site plan shall also show the precise portion of the property which will be devoted to the operation of a junkyard; and
(4) 
A true and accurate copy of Certificates of Occupancy and/or Certificates of Approval for all structures on the property; and
(5) 
Certificate of Permitted Use to operate a junkyard at said location issued by the Town of Huntington. The issuance of a Certificate of Permitted Use to operate a junkyard in no way guarantees the issuance of a license by the Town Clerk to operate a junkyard.
(6) 
Two (2) photographs of the property and the exterior of all buildings and structures thereon taken no more than sixty (60) days prior to the filing of the application.
D. 
Such other information as may be deemed necessary by the Huntington Town Clerk to effectuate the purposes of this chapter and to fairly and reasonably determine whether a license to operate a junkyard should be issued.
E. 
Modification. In the event of any change in circumstances relevant to the operation of a junkyard or of the information contained in the application, the Huntington Town Clerk shall be notified in writing within five (5) days after the same has been effected. Any false or misleading statements in any license application shall be grounds for revocation of the license by the Town Board.
A. 
Upon receipt of a complete application for a license or renewal thereof and payment of the applicable fee pursuant to this chapter, the Town Clerk shall refer such application to the Director of the Department of Public Safety, who shall make an investigation of the prospective licensee for the purpose of determining the suitability of the applicant for licensing. Such investigation shall include, but shall not be limited to, a search for any criminal record of the applicant, its principals, and any other factor deemed necessary and relevant in processing the application.
B. 
The Director of Public Safety, upon completion of the investigation, shall submit his or her written recommendation as to whether a license should be issued by the Town Clerk and in the event of a recommendation to deny the application, a statement of the reason or reasons for such denial. The Town Clerk may accept the recommendation of the Director. The Town Clerk shall notify the applicant within ten (10) days of receipt of such recommendation as to whether the application is granted or denied. In the event the application is granted, the license shall be issued forthwith upon compliance with all applicable requirements. In the event the application is denied, notice of denial of a license shall be given in writing by certified mail, return receipt requested to the address shown on the application. Such denial shall set forth the grounds therefor and advise the applicant of the right to an appeal hearing before the Town Board or a duly appointed hearing officer as set forth in § 130-8(E) herein. The applicant shall have twenty (20) days from receipt thereof to submit a written request to the Town Clerk for an appeal hearing and may at his or her discretion, provide the Clerk with any relevant information in response to that set forth in the Clerk's notice of denial.
[Amended 9-27-2005 by L.L. No. 35-2005]
[Amended 9-27-2005 by L.L. No. 35-2005]
A. 
The Town Board or a duly appointed hearing officer as set forth in § 130-8(E) shall hear and determine all such appeals after a hearing.
B. 
All requests for an appeal hearing from a denial of a license or a renewal thereof shall be in writing and shall be filed with the Huntington Town Clerk accompanied by the sum of three hundred fifty dollars ($350.) to cover the cost of the hearing and of processing the appeal. Notice of the hearing shall be mailed to the applicant at the address shown on the application not less than ten (10) days prior to the hearing date by regular and certified mail, return receipt requested.
C. 
At the hearing, the applicant shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. The applicant may present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing. All witnesses shall be sworn and examined under oath and all hearings shall be recorded.
D. 
Town Board Action. Where the Town Board presides over the hearing it may sustain the determination of the Town Clerk to deny a license or to deny an application to renew a license or may reverse the determination, in whole or in part, with or without conditions. The Town Board shall render its findings and determinations at the next regularly scheduled Town Board meeting following the hearing. The Town Clerk, with the assistance of the Town Attorney, shall notify the applicant of the Board's determination by certified mail, return receipt requested within three (3) business days after such determination by the Town Board. The decision of the Town Board shall be filed with the Town Clerk and shall be final, subject to review by a court of competent jurisdiction.
E. 
Administrative Hearing Officer. The Town Board may appoint an administrative hearing officer to conduct an appeal hearing on the denial of a junkyard license or a denial of a renewal thereof, or to determine whether a license which has been issued should be revoked or suspended. It is the intention of the Town Board to protect the legal rights of the public by insuring that due process is delivered as expeditiously as possible by providing for an administrative hearing officer to alternatively preside over such appeals or hearings. In order to accomplish this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12) of the Municipal Home Rule Law, § 136(1) and § 137 of the Town Law and any other applicable provision of law now or hereafter enacted, to supersede and/or expand upon the applicable provisions of § 137 of the Town Law, and any other applicable or successor law, in order to permit an appointed administrative hearing officer to preside over appeals or hearings required to be held under this Chapter.
F. 
If the hearing is held by the hearing officer, he shall file his/her written findings and recommendations with the Town Board no later than thirty (30) days from the close of the hearing. As in the case of the Clerk's determination, the hearing officer shall send his/her written findings and recommendations to the applicant by regular or certified mail no later than thirty (30) days from the close of the hearing. The Town Board may accept the recommendations of the hearing officer in whole or in part, and render its decision as in § 130-8(D). The determination of the Town Board following a hearing by the hearing officer shall be mailed by the Town Clerk as in § 130-8(D).
A. 
Any license issued hereunder may be revoked or suspended by the Town Board, upon the written recommendation of the Director of Public Safety and/or the Huntington Town Clerk, after a hearing and under the following conditions:
[Amended 9-27-2005 by L.L. No. 35-2005]
(1) 
If fraud, misrepresentation or false statement is contained in the application for a license or renewal thereof; or
(2) 
If fraud, misrepresentation or a false statement is made in the course of carrying on the business of a junkyard; or
(3) 
Any violation of this chapter; or
(4) 
If the licensee or a member thereof, if an unincorporated association, or, if a corporation, any director or officer, and any major stockholder thereof is convicted of any crime involving moral turpitude including robbery, burglary, theft, receiving stolen goods, dishonesty, fraud, deceit or misrepresentation; or
(5) 
If, in the judgement of the Director of Public Safety and/or the Town Clerk, the licensee conducts, maintains and/or operates or permits the maintenance and/or operation of a junkyard in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Revocation hearing. A hearing shall be conducted by the Town Board or a duly appointed hearing officer as set forth in § 130-8(E) to consider whether to revoke or suspend a license issued pursuant to this chapter. Said hearing shall be processed and conducted as set forth in § 130-8.
[Amended 9-27-2005 by L.L. No. 35-2005]
C. 
The decision of the Town Board shall be filed with the Town Clerk and shall be final, subject to review by a court of competent jurisdiction.
D. 
No person or business entity shall operate and/or maintain or permit the operation and/or maintenance of a junkyard when the license to operate has been revoked, suspended or has expired.
[Amended 9-27-2005 by L.L. No. 35-2005]
Before use, every junkyard shall be completely surrounded by a fence at least eight feet in height or as otherwise determined by the Zoning Board of Appeals which substantially screens the enclosure of the premises and conceals the motor vehicles or parts thereof, and contains a suitable gate which shall be closed and locked except during the business hours of such junkyard. All motor vehicles and parts thereof shall be kept within the enclosure of the junkyard. All wrecking or other work shall be done within the enclosure.
A license shall be placed and at all times displayed in a conspicuous location at the licensed premises. A license is personal to the licensee and does not follow ownership of the land nor may a license be sold, assigned or transferred to one other than the licensee.
A. 
It shall be unlawful for a licensee under this chapter to operate and/or maintain a junkyard other than at the place of business designated in the license. A licensee shall have the right to change the location of the premises used as a junkyard, upon the following conditions:
(1) 
The new location complies with the Zoning Ordinance of the Town of Huntington; and
(2) 
The licensee notifies the Town Clerk and Director of Public Safety, in writing, of the street address and Suffolk County Tax Map Number of the new location; and
(3) 
Submits a copy of the most current deed to the new location if the licensee is the owner thereof or a copy of a written lease or other document evidencing the licensee's right to possess or use the premises for a term at least as long as the term of the license. If the licensee is not the owner, then the submission shall also be accompanied by a sworn and notarized affidavit of the owner of the new location evidencing such owner's consent to the operation of a junkyard at said location by the licensee; and
(4) 
Submits a true and accurate cony of the latest survey and a site plan showing the precise location of all fencing (or proposed fencing) and buildings thereon. The site plan shall also show the precise portion of the property which will be devoted to the operation of a junkyard; and
(5) 
Submits two (2) photographs of the property and the exterior of all buildings and structures thereon taken no more than sixty (60) days prior thereto; and
(6) 
Submits a true and accurate copy of Certificates of Occupancy and/or Certificates of Approval for all structures at the new location; and
(7) 
Submits a true and accurate copy of the Certificate of Permitted Use to operate a junkyard at the new location issued by the Town of Huntington. The issuance of a Certificate of Permitted Use to operate a junkyard at the new location in no way guarantees the issuance of a license by the Town Clerk to operate such junkyard.
B. 
If all other applicable requirements are met, upon presentation of such proof and the payment of an administrative fee of one hundred ($100) dollars, the Town Clerk shall, upon the recommendation of the Director of Public Safety, issue a new license for the unexpired term of the original license evidencing the right to operate at the new location.
Every person or business entity having a license under this chapter shall maintain the premises being utilized as a junkyard in the manner prescribed herein:
A. 
Such premises shall at all times be maintained so as not to constitute a nuisance or a menace to the health, safety and welfare of the community and surrounding residents, or a place infested with insects, rodents and other vermin; and
B. 
No garbage or other organic waste and no paper, rubbish, rags or other flammable articles or materials shall be stored at such premises; and
C. 
Whenever any motor vehicle shall be received in such premises as junk, all gasoline and oil shall be drained and removed therefrom in the manner prescribed by law and none shall be permitted to remain upon the premises; and
D. 
Motor vehicles shall be stored and arranged in a neat and orderly fashion and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water upon the premises and to facilitate access for fire-fighting and inspection purposes; and
E. 
Such premises shall be obscured from public view by a method acceptable to the Town and no license shall extend the area of any junkyard nor add a new facility or building structure without the proper permits and certificates.
F. 
No motor vehicle shall be stored or placed in any part of the property other than the portion designated for such purpose on the application for a license.
A. 
The Director of Public Safety or his designee may inspect the junkyards of all persons or business entities licensed under this chapter at least once a year to determine whether such yards are being operated in accordance with the provisions of this chapter and other applicable provisions of law.
B. 
No person shall refuse entry to the Director of Public Safety or his designee attempting to enter any premises for the purpose of such inspection. Such entry shall be permitted not only to areas open to the public but also to all other areas within the premises.
[Amended 9-27-2005 by L.L. No. 35-2005; 11-6-2019 by L.L. No. 56-2019]
(A) 
The owner of the land and/or the licensee of any such place of business who commits or permits any acts in violation of any provision of this chapter shall be deemed to have committed an offense against this chapter, and shall upon conviction thereof, be subject to a fine of not less than five hundred ($500) dollars and not more than two thousand five hundred ($2,500) dollars. Any person or entity found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein. Each day, or part thereof, such violation continues or is permitted to exist following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Bureau of Administrative Adjudication shall constitute a separate violation, punishable in like manner.
(B) 
Any person or entity convicted of an offense or found by the Bureau to have violated this chapter shall be subject to an immediate revocation of a license issued under this chapter.
(C) 
In addition to the criminal and civil penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.