[HISTORY: Adopted by the Town Board of the
Town of South Bristol 2-10-1976 as L.L. No. 1-1976. Amendments noted
where applicable.]
This chapter shall be known as the "Junkyard
Law of the Town of South Bristol."
A.
AUTOMOTIVE GRAVEYARDS
CODE ENFORCEMENT OFFICER
INOPERATIVE
JUNKYARD
MOTOR VEHICLE
OPERATOR
OWNER
PERSON
TOWN
TOWN BOARD
For the purposes of this chapter, the words and terms
hereinafter listed shall be defined as follows:
Any lands or premises where two (2) or more unlicensed and/or
inoperative motor vehicles are stored or parked, except that the term
shall not include any such premises where such unlicensed and inoperative
motor vehicles are stored or parked within a completely enclosed building
or garage.
The official designated by the Town Board of the Town of
South Bristol to administer the provisions of this chapter.[1]
That the article to which the term relates is not capable
of functioning or operating or being used for the purposes for which
it was manufactured or created; however, the term shall not apply
to an article which has been dissembled solely for purposes of making
repairs to restore it to operating condition. For purposes of this
chapter, an article shall be deemed and presumed to be "inoperative"
if it is not restored to operating condition within twenty (20) days
after being determined by the law enforcement officer to be inoperative.
An open area where waste, discarded or salvaged materials
are accumulated, deposited, stored, baled, cleaned, packed, dissembled,
handled, bought, sold or exchanged, and shall include automobile wrecking
or dismantling yards, automobile graveyards, house wrecking yards,
used lumber yards and all other places or yards used for assembling,
handling, buying, selling or exchanging of salvaged house structural
materials and equipment. The term "junkyard" shall not include pawnshops
and establishments for the sale, purchase and storage of used automobiles,
trucks, farm machinery and equipment, furniture and household appliances
in operating condition and the providing of used, discarded or salvaged
materials as a part of manufacturing or farming operations actually
conducted upon the premises where such materials are stored. The term
"junkyard" shall include an establishment having facilities for processing
iron, steel or nonferrous scrap and whose principal product 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 designed and intended for use on public highways.
The person actually using lands and premises as a junkyard.
The person in whom is vested the title and ownership of the
lands and premises on which a junkyard is maintained.
An individual, group of individuals, partnership, corporation,
society, club, firm, venture or association.
The Town of South Bristol and any hamlets located therein.
The lawfully elected governing body of the Town of South
Bristol, Ontario County, New York.
B.
Words used in the present tense include the future
tense, and words used in the singular number include the plural number.
Pronouns used in the masculine gender shall also include the feminine
gender.
A.
It shall be unlawful for any person to use or permit
the use of the lands and premises in the town as a junkyard, except
as hereinafter provided.
B.
Established junkyards. 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 sixty (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 September 1, at which time such owner may apply for a renewal as herein provided. Such owner shall comply with the fencing requirements established under § 99-4C and D of this chapter within six (6) months after the effective date of this chapter and shall apply for and obtain annual renewal permits as required by this chapter.
C.
No junkyard shall be established after the effective
date of this chapter upon lands or premises in the town unless the
owner of the lands and premises and the operator of the junkyard shall
have first applied for and obtained a permit for such junkyard, as
herein provided.
D.
On and after the effective date of this chapter, no
junkyard shall be enlarged or expanded to cover any lands or premises
in addition to those for which a valid permit has been issued unless
the owner of the lands or premises and the operator of the junkyard
shall have first applied for and obtained a permit for such junkyard,
as herein provided.
A.
Every junkyard location within the Town of South Bristol
shall be located on a well-drained site suitable for such purposes
with adequate entrance and exit roads at least thirty (30) feet in
width.
B.
No junkyard shall be established or maintained if
such junkyard or any part thereof shall be within one thousand (1,000)
feet of a church, school, hospital, public building, place of public
gathering or within a residential district.
C.
Before use, except as herein provided, every junkyard
shall be completely surrounded with a fence at least eight (8) feet
in height, which fence shall be a tight board fence or an equivalent
fence to be approved by the Code Enforcement Officer with suitable
gates which shall be closed and locked except during the working hours
of such junkyard or when the permittee or his agents or employees
shall be actually within the premises.[1]
D.
Each fence and enclosure shall be set back at least
one hundred (100) feet from the center line of any highway abutting
the lands or premises upon which the junkyard is located and shall
be set back at least one hundred (100) feet from any adjoining boundary
line or to conform with county or state highway setback regulations.
The owner-operator shall maintain the approved junkyard and setbacks
in an orderly fashion.
A.
All junk shall be kept within the fence enclosing
the junkyard, except as removal may be necessary for transportation
of junk in the ordinary course of business; however, such removal
is not to exceed twenty-four (24) hours.
B.
All wrecking or dismantling operations shall be performed
and accomplished within the fence enclosing the junkyard.
C.
No burning of junk shall be permitted in the junkyard
at any time.
D.
No operator of a junkyard shall purchase any junk
from a minor, knowing or believing such person to be a minor.
E.
The fence enclosing the junkyard area should be maintained
in good repair at all times.
F.
Each operator of a junkyard shall maintain a daily
record, in a bound book written in ink or indelible pencil, of each
item of junk purchased and the price paid therefor and the name, residence
address, age and occupation of the person from whom purchased and
the date and hour of such purchase. Such record shall be available
at the junkyard at all reasonable times to law enforcement officers.
No entry in the daily record shall be altered, changed or obliterated.
G.
Upon cessation of junkyard operations or upon suspension or revocation of a junkyard permit as provided in § 99-7C and D of this chapter and upon forfeiture of a junkyard permit as provided in § 99-8D of this chapter, the owner of the lands and premises and the operator of the junkyard shall, within thirty (30) days from the date of cessation of operations or suspension or revocation of permit or forfeiture of the permit, remove all junk from said lands and premises.
A.
Permit application.[1]
(1)
An application for a junkyard permit shall be filed
with the Town Board by delivering said application to the Code Enforcement
Officer together with a permit fee in an amount as set forth from
time to time by resolution of the Town Board. Current fees are on
file in the office of the Town Clerk.
(2)
The application for a junkyard permit shall be made
on forms to be furnished by the Town Code Enforcement Officer and
shall set forth the following information and statements:
(a)
Name and address of each operator of the junkyard.
(b)
Name and address of each owner of the land and
premises on which junkyard operations are to be conducted.
(c)
A survey or plot plan prepared by a licensed
surveyor or engineer within ninety (90) days prior to the application
showing the lands or premises on which junkyard operations are to
be conducted together with the locations of all entrances, exits and
walkways. All linear measurements of boundaries shall be set forth
in terms of feet and inches.
(d)
A detailed statement as to the type of fence
to be erected, the manner in which it is to be erected and the time
when erection is to be completed.
(e)
A detailed statement of the record of criminal
convictions of each owner of the lands or premises and of each operator
of the proposed junkyard.
(f)
If a owner is a person other than the operator
of the junkyard, a verified statement by each owner that the operator
is authorized to maintain or operate the junkyard and that each owner
shall be responsible for full compliance with the provisions of this
chapter.
(g)
A verified statement by each operator that he
shall be responsible for full compliance with the provisions of this
chapter.
B.
Hearing on application.
(1)
A hearing on the application for a junkyard permit duly filed pursuant to Subsection A(1) above shall be held by the Town Board not less than two (2) nor more than four (4) weeks from the date of the receipt of the application by the Town Board. Notice of the hearing shall be given to each applicant by mail, postage prepaid, to the address given in the application and shall be published once in the official newspaper of the town not less than seven (7) days before the date of the hearing.
(2)
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 junkyard permit. In considering the application,
the Board shall take into account the legal proof of ownership of
the lands or premises; the suitability of the applicant with reference
to ability to comply with fencing requirements and regulations for
operation of the junkyard; any record of convictions of the owner
or operator for any type of larceny or receiving of stolen property;
the nature and development of surrounding property, such as the proximity
and location of schools, churches, hospitals, public buildings or
other places of public gatherings; the proximity to established residential
areas; whether the proposed use will create hazards or dangers to
the public or to persons in the vicinity from traffic or traffic congestion;
whether the proposed location can be reasonably protected from affecting
the public health and safety by reason of offensive or unhealthy odors,
noise or other causes; and any other matter within the purpose of
this chapter.
(3)
The Town Board shall, within two (2) weeks after the
holding of the public hearing, make a finding as to whether or not
the application is to be granted and shall give notice of its finding
to the applicant by mail, postage prepaid, to the address on the application.
C.
On or before the first day of September next succeeding
the effective date of this chapter and on or before the first day
of September in each year thereafter, every person owning or operating
a junkyard for which a permit has been issued shall apply for and
obtain an annual renewal permit.
D.
Application for renewal.
(1)
The application for an annual renewal permit shall
be filed with the Town Board by delivering said application to the
Town Clerk together with a permit fee in an amount as set forth from
time to time by resolution of the Town Board. The current fees are
on file in the office of the Town Clerk.[2]
(2)
(3)
Each annual renewal permit shall expire on the last
day of August following the issuance thereof.
E.
No public hearing shall be required to be held by
the Town Board with respect to the granting of an annual renewal permit.
F.
A permit shall be denied where any owner of the lands
or premises or any operator of the junkyard has, within five (5) years
prior to filing the application for a permit, been convicted of any
type of larceny or the receiving of stolen property.
G.
No junkyard permit shall be transferable.
H.
All permit fees required to be paid pursuant to this
section shall be retained by the Town Board in the event that the
application is denied. No permit fee shall be prorated by reason of
the date on which either the application is made or the permit is
issued.
A.
Before any permit required under this chapter shall
be issued by the Town Board, the law enforcement officer duly appointed
by the Town Board to enforce the provisions of law shall make an inspection
of the junkyard premises to determine that all of the requirements
of this chapter have been complied with and shall file with the Town
Board a written report of such inspection.
B.
The law enforcement officer shall have the right at
any reasonable time to enter any junkyard or other premises used for
junkyard purposes to inspect the same for the purpose of determining
whether the requirements of this chapter are being complied with.
C.
If upon inspection it shall be found that any person
has violated any provision of this chapter, the Town Board shall have
the right and power to revoke or suspend any junkyard permit and order
the cessation of junkyard operations upon the premises after ten (10)
days' written notice mailed, postage prepaid, to the owner and the
operator of the junkyard at the address given in the permit and after
a public hearing before the Town Board held not less than five (5)
days after public notice of such public hearing.
D.
A junkyard permit shall be revoked upon the conviction
of the operator of the junkyard of any type of larceny or the receiving
of stolen property.
A.
Any person violating any provision or this chapter
shall be guilty of a violation and, upon conviction thereof, shall
be punishable by a fine not to exceed $250 for each violation.
[Amended 10-10-1994 by L.L. No. 1-1994; 6-14-2021 by L.L. No. 3-2021]
B.
Each and every week during which a violation of the
provisions of this chapter shall continue shall constitute a separate
and distinct violation.
C.
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 the terms and provisions of this chapter or to restrain
by injunction the violation of this chapter.
D.
Conviction of a violation of this chapter shall constitute
and effect an immediate forfeiture of the junkyard permit.
