It is hereby determined that the operation of junkyards in the vicinity of dwellings, buildings and wooded areas, including, but not limited to, the burning of inflammable parts of automobiles, paper and other waste materials, constitutes a public nuisance, a constant fire menace and a danger to the public health, safety and welfare of the residents of the Town of Warrensburg, and that the unrestrained accumulation of junk motor vehicles is a hazard to such health, safety and welfare of the residents of the Town of Warrensburg and creates an environment which tends to discourage sound continued development of the economy of the Town of Warrensburg and is against the public interest.
[HISTORY: Adopted by the Town Board of the Town of Warrensburg 8-3-1983. Amendments noted where applicable.]
As used in 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 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. Such term shall 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, that 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. It shall also include operations performed and carried on, wholly or in part, outside of a fully enclosed building or structure, for the acquisition, purchase, storage, conversion, dismantling, processing or resale of all types of used machinery, appliances, equipment, metal, rags, paper, fabrics, rubber and any of their combinations.
All vehicles propelled or drawn by power other than muscular power and originally intended for use on public highways.
Includes a natural person, corporation, firm, partnership or association of persons.
[Amended 7-10-1996 by L.L. No. 1-1996]
No junkyard shall be established or operated within 100 feet of the boundary line of any public highway, street, avenue or place in the Town of Warrensburg nor within 500 feet of a dwelling, school, church, hospital, public building or place of public assembly or other building.
Every junkyard established and operated shall have the entire area of lands used in any manner in connection with such junkyard enclosed within a tight board or sheet metal fence not less than eight feet in height, and such fence shall be painted either green or another color which will fairly blend with the surroundings. No advertising matter of any kind shall be attached to or painted on any fence enclosing a junkyard.
Vehicles or other waste material within a licensed junkyard shall not be piled or stacked to a height where the same shall be visible over the top of the fence.
No burning of waste material shall be done in a licensed junkyard, unless a permit for such burning shall have been issued by the Environmental Conservation Department of the State of New York or other state agencies having jurisdiction.
Application for the license and the certificate of approved location shall be made, in writing, to the Town Board of the Town of Warrensburg by filing of the application with the Town Clerk. The application shall contain a description of the land to be included within the the junkyard.
A hearing on the application shall be held by the Town Board 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 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 or other reasonable regulations concerning the proposed junkyard, to any record or convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this section.
After a hearing, the Town Board shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice of their finding 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[1] 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 Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.
[1]
Editor's Note: A fee schedule is on file at the office of the Town Clerk.
[Amended 7-10-1996 by L.L. No. 1-1996]
The annual license fee, as set forth from time to time by resolution of the Town Board, shall be paid at the time the application is made and annually thereafter, in the event of renewal. In event that the application is not granted, the fee shall be returned to the applicant. The Town Board, in addition to the license fee, shall assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing, as are clearly attributable thereto, and may make the license conditional upon payment of the same.
[1]
Editor's Note: A fee schedule is on file at the office of the Town Clerk.
[Amended 7-10-1996 by L.L. No. 1-1996]
The operation of a junkyard in the Town of Warrensburg without a license therefore issued by the Town Clerk, pursuant to resolution adopted by the Town Board or the Town of Warrensburg or by any portion of this chapter, shall constitute an offense punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each week of operation of an unlicensed junkyard shall constitute a separate offense and a separate violation of this chapter. In addition to the foregoing penalties, the Town Board of the Town of Warrensburg may bring an action in a court of competent jurisdiction to compel the holder of a junkyard license to comply with the provisions of this chapter and may, by resolution, refuse to renew a junkyard license if the holder thereof shall refuse or fail to comply with the provisions of this chapter.
For the purposes of this section, the location of junkyards already established shall be considered approved by the governing board of the municipality where located 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 governing board the information as to location which is required in an application, together with the license fee, and the governing board shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this section, including the fencing requirements set forth in § 129-5.