[HISTORY: Adopted by the Town Board of the Town of Pompey 7-8-1968 by L.L. No. 1-1968. Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and 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 of Pompey and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk 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. It is further declared that this chapter is designed to license and regulate junkyards only insofar as they are permitted by Chapter 165, Zoning, as provided in such chapter on the effective date of this chapter or under subsequent amendments, reenactments or replacements of that chapter. This chapter shall not be construed as permitting the creation or operation of junkyards in zoning districts other than those allowed by the aforementioned Chapter 165, Zoning, or by any amendments, reenactments or replacements of that chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- A lot, land or structure, or part thereof, used primarily for the collection, deposit, storage or sale of wastepaper, rags, scrap metal, boxes or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and the sale of the parts thereof. The presence of two or more inoperable or unregistered vehicles, or a substantial amount of the parts thereof, shall constitute a junkyard.
- The Town of Pompey.
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.
Application for the license and the certificate of approved location shall be made, in writing, to the Town Board of the Town of Pompey. The application must be accompanied by a certificate from the Planning Board of the Town of Pompey that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter 165, Zoning, of the Town of Pompey. The certificate shall be obtained by the applicant from the Planning Board in accordance with procedures established by the Planning Board. The application, which shall be in the form of a sworn affidavit, shall contain a description of the land to be included within the junkyard and shall disclose the exact dimensions and boundaries of the land to be so used and the exact size and location of all buildings and structures to be used for junkyard purposes. The application shall be accompanied by a detailed plot plan of the junkyard site and may be accompanied by photographs or other exhibits. Notwithstanding any of the provisions of this chapter, no junkyard 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.
[Amended 12-2-2013 by L.L. No. 6-2013]
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 Town Board. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application at least 20 days before such hearing 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. The applicant, in turn, shall be responsible for notifying, by certified mail, all property owners of record within 1,000 feet of the boundary line of the property to which the application relates of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor. At least seven days prior to such public hearing, the applicant shall file with the Town Clerk an affidavit verifying that notice was properly mailed to nearby property owners. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
At the time and place set for the 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 of convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this chapter.
At the time and place set for the 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 the 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 take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Town 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 and the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of 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 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 January 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed annually as of January 1 in each year 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 Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.
[Amended 12-4-1995 by L.L. No. 5-1995]
The annual license fee shall be in an amount as shall be set from time to time by the Town Board, to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant. The Town, in addition to the license fee, may 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 issuance of the license shall be conditional upon payment of the same.
Before use, every 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 50 feet from the street line, as defined in Chapter 165, Zoning, in effect at the time of the application. All junk 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 the same in the reasonable course of the business. All wrecking or other work on such junk and all burning of the same within the vicinity of the junkyard shall be accomplished within the enclosure and shall not contravene any state or county law relating to air pollution control. Stacking or piling of materials of any kind shall not exceed eight feet in height.
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 to the purposes of this chapter.
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, provided that within 60 days after the effective date of this chapter, such owner shall make application for a license therefor in accordance with requirements for new junkyards and shall furnish the Town Board with satisfactory proof of compliance with § 109-11 of this chapter. Such application shall be accompanied by the license fee prescribed by § 109-10 of this chapter, and such license, when issued, shall be valid until the next January 1. Renewal of such license shall be made in the manner prescribed by § 109-9 of this chapter.
The owner or licensee of any such junkyard who commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense against this chapter and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $1,000 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Amended 12-4-1995 by L.L. No. 5-1995]
Conviction for violation of this chapter shall constitute and effect an immediate forfeiture of the license.
Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue.
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 the violation of this chapter.