[HISTORY: Adopted by the Town Board of the Town of Jerusalem 6-12-1976.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
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 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 for exterior storage or deposit, whether in connection with
another business or not, of:
Wastepaper, rags, scrap metal, waste building material and all other
materials, appliances or farm equipment no longer intended for use which cover
over 100 square feet of area or which, in the aggregate, weigh over 300 pounds
and which are visible from any public highway; or
Wastepaper, rags, scrap metal, waste building material and all other
materials, appliances or farm equipment no longer intended for use which cover
over 500 square feet of area or which, in the aggregate, weigh over 5,000
pounds; or
Two or more unregistered, old or secondhand motor vehicles and/or boats
no longer intended or in condition for legal use upon the highways or waterways
of the state, whether for the purpose of resale of 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; or
One or more abandoned mobile homes or trailers no longer intended or
in condition for use as a dwelling, whether for the purpose of resale of 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.
Provided, however, that the term "farm equipment" in the above definition
shall not include farm equipment no longer intended for use if such equipment
is owned by a farmer who stores such equipment upon his property and uses
such equipment for spare parts.
No person shall operate, establish or maintain a junkyard until he has obtained a license to operate a junkyard business and has obtained a certificate of approval for the location of such junkyard from the Jerusalem Town Board. No junkyard shall be operated, established or maintained except in Agricultural-Residential and General Business Districts as defined in Chapter 160, Zoning.
The application for a license and a certificate of approval shall be
in writing on a form prescribed and supplied by the Town of Jerusalem.
A hearing on the application shall be held within the Town, not less
than two nor more than four weeks from the date of the receipt of the application
by the legislative body. Notice of the hearing on the application shall be
given and shall be published once in a newspaper having a circulation within
the municipality, which publication shall be not less than seven days before
the date of the hearing.
At the time and place set for the hearing, the governing 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 surrounding property. However, no junkyard hereafter established
shall be licensed to operate if such junkyard or part thereof shall be within
500 feet of a church, school, hospital, public building or place of assembly.
At the hearing regarding location of the junkyard, the governing 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 the citizens of the Town by considering whether or not the proposed
location can be reasonably protected from having an unfavorable effect thereon.
In this connection, the governing board may consider collectively the type
of road servicing 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
or main access routes thereto, as well as the reasonable availability of other
suitable sites for the junkyard.
After the hearing, the governing board shall, within two weeks, make
a finding as to whether or not the application should be granted, giving notice
of its finding to the applicant by mail, postage prepaid, to the address given
on the application.
A.
If approved, the license, including the certificate of
approved location, shall be forthwith issued to remain in effect until the
following April 1.
B.
Approval shall be personal to the application and not
assignable.
C.
Licenses shall be renewed thereafter upon payment of
the annual license fee without hearing, provided that 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 determination of the governing board may be reviewed under Article
78 of the Civil Practice Law and Rules.
[Amended 9-20-2006 by L.L. No. 5-2006]
The Town Board may establish by resolution a fee to be paid by the applicant
for the license and annually thereafter if the license is granted. If the
application is not granted, the fee shall be returned to the applicant.
A.
All junkyards, either new or existing, shall be completely
surrounded with a fence of sufficient height to substantially screen them,
which fence shall be equipped 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. A berm of sufficient height may be substituted
for the fence or part of the fence.
[Amended 9-20-2006 by L.L. No. 5-2006]
B.
All motor vehicles and parts thereof stored or deposited
by the applicant shall be kept within the enclosure of the junkyard, except
as removal may 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 and all burning of same within the vicinity of the junkyard shall
be accomplished within the enclosure. No material shall be so placed that
it, or any part of it, is higher than the top of the fence or outside of the
fence.
[Amended 9-20-2006 by L.L. No. 5-2006]
C.
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 legislative body
upon granting the license; provided, however, that such natural barrier conforms
to the purposes of this chapter.
Before any license or certificate of approval is granted for any junkyard,
whether new or established, the Board shall be satisfied that there exist,
both inside and outside the junkyard, sufficient fire lanes to allow fire-fighting
equipment to easily reach all parts of the junkyard. The Board shall consult
with the Chief of the appropriate Fire Department in this matter.
[Amended 9-20-2006 by L.L. No. 5-2006]
All junkyards existing at the time when this local law becomes effective
shall comply with the requirements of this chapter within one year of such
time. In case of hardship, the Town Board may grant a temporary variance from
the requirements on such reasonable conditions as the Board may deem just
and appropriate.
[Amended 12-29-1992 by L.L. No. 3-1992]
Any person violating any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine of $250 or by imprisonment for 15 days, or both.
[Amended 9-20-2006 by L.L. No. 5-2006]
This chapter shall be enforced by the Code Enforcement Officer.
