[HISTORY: Adopted by the Town Board of the
Town of Stanford 8-8-1963. Amendments noted where applicable.]
By the adoption of this chapter the Town Board
of the Town of Stanford declares its intention to regulate, control
and license the activities or business known as "auto graveyards,"
"junkyards," "secondhand parts collection areas," the processing of
used metals for resale or the dumping, storage or disposal of waste,
secondhand or used materials of whatever composition. Said Town Board
hereby declares that such activities or businesses can constitute
a hazard to property and persons and a public nuisance. Such materials
may be highly flammable and sometimes explosive. Gasoline tanks on
old autos often contain in some quantity combustible gasoline; the
engine and other parts of such autos are frequently covered with grease
and oil, which is flammable. The tires, plastic seats, tops and other
elements of such autos are also flammable. Batteries and other elements
of such autos can contain acids and other matter potentially harmful.
These autos frequently contain sharp metal or glass edges or points
which could cause serious cuts and abrasions. These autos can constitute
attractive nuisances to children. The presence of such junkyards even
in areas zoned for business or industry is unsightly and tends to
detract from the value of surrounding land and property unless such
areas are properly maintained and operated.
As used in this chapter, the following terms
shall have the meanings indicated:
Passenger auto, truck, tractor-truck, trailer, bus, motorcycle
or other vehicle, however propelled, as well as tractors, bulldozers,
machinery and equipment.
An individual, an association, a partnership, a corporation.
No person shall engage in or conduct on real
property within the Town of Stanford, either for himself or any other
person, directly or indirectly as agent, employee or otherwise, any
activity or business, either for profit, or otherwise, at wholesale
or retail, which involves the collection, storage, burning, dumping,
disassembling, dismantling, salvaging, sorting or otherwise handling
or arranging for the sale, resale, storage or disposal or otherwise
of the bodies, engines or parts of autos or other secondhand or used
property of whatever material composed, or any waste material, whether
composed of wood, paper, cloth, cardboard, plastics, metals, stone,
cement or otherwise, without first obtaining a license therefor as
hereinafter provided.
A.
Each applicant for a license hereunder shall execute
under oath an application therefor, to be supplied to him by the Town
Clerk, which shall contain the following information: that the applicant
is over 18 years of age; that he is a citizen of the United States;
whether he has ever been convicted of a felony or misdemeanor; and
such other facts or evidence as is deemed necessary to establish that
he is a person fit and capable of properly conducting the activity
or business for which the license is sought; a description of the
exact type of business he tends to conduct; the nature of the materials
he intends to handle; the number of employees he intends to engage;
and the name and address of the owner or owners of the land and the
nature of the right of occupancy of the applicant to the use of such
land.
[Amended 9-13-1984 as L.L. No. 1984]
B.
At the time of making the application, the applicant
shall submit to and file with the Town Clerk a map or plan of the
real property upon which he intends to conduct such activity or business,
showing the area of such real property which it is proposed to use
for such purpose, the location of the fence required hereunder indicated
thereon, the location of any buildings on such land, the location
of any streets or highways abutting or passing through such land,
the location of any water, sewer or gas mains or laterals available
thereto and the general drainage pattern of such land.
C.
In the application the applicant shall agree that
if granted the license applied for he will conduct such activity or
business pursuant to the regulations hereinafter set forth and that
upon his failure to do so such license may be revoked forthwith.
D.
A person presently engaged in or conducting an activity
or business such as described herein on real property within the Town
of Stanford must apply for a license therefor within 30 days after
the adoption of this chapter. If the place where he conducts such
activity or business presently complies with the requirements such
person must meet to secure a license in the first instance, he shall
be issued a license therefor if he meets the other requirements contained
herein. If the place where he conducts such activity or business does
not presently comply with the requirements a person must meet to secure
a license in the first instance, he may be granted a temporary license
for one year, during which year he must arrange the place where he
conducts such activity or business so that it does then comply with
the requirements a person must meet to secure a license in the first
instance. If at the end of such year such person has not so arranged
his place of activity or business, he shall forthwith cease and desist
engaging in or conducting the same and shall remove from such place
any autos, parts or other materials of the nature described herein.
E.
If the person conducting such activity or business
is not the sole owner thereof, he shall state such fact at the time
he applies for his temporary license, and the Town Clerk at the time
of issuing such temporary license shall send each owner a notice of
the issuance of such temporary license, together with a copy of this
chapter.
A.
The fee for the license is hereby fixed in the sum
of $25, which sum covers not only the cost of issuing the license
itself but also the cost of making the necessary inspections of the
premises to ascertain compliance with the regulations hereinafter
prescribed.
B.
Such license shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity or business
for which it is issued.
C.
Such license shall be effective from the date of its
issuance until the 31st day of December of the year of such issuance,
after which a new application for license must be made yearly if licensee
desires to continue such activity or business.
D.
Such license is personal with the licensee. It does
not go with the title of the land nor may it be sold, assigned, transferred
or otherwise disposed of.
E.
Such license may be revoked by the Town Board after
a hearing thereon at which the licensee shall have an opportunity
to be heard. Upon revocation of a license the Town Board may require
the removal of autos, parts and materials as above provided in the
case of an applicant for a temporary license who fails to qualify
for such license.
F.
In the event that an applicant for a license as provided
herein shall have previously been duly issued a valid and effective
junk dealer's license by the Supervisor of this Town pursuant to the
provisions of Article 6 of the New York State General Business Law,
then such applicant shall be entitled to and allowed a credit against
the above-provided license fee in the amount of $5.
A.
The licensee must personally manage and be responsible
for the management of the activity or business for which the license
is granted.
B.
The licensee must maintain an office and a sufficient
number of employees on the licensed premises to assure the proper
and safe conduct of such activity or business, to minimize the fire
hazard thereof and to prevent improper trespass thereon by children
and others.
C.
The licensee must erect and maintain a six-foot wire
fence of close mesh or one made of wood or of other material adequate
to prohibit the entrance of children and others into the area of the
activity or business and to contain within such fence the materials
dealt in by the licensee, and if such area abuts a residential area
or public street or highway, such fence shall be 25 feet from the
boundary line thereof and, further, if such area abuts a residential
area or public street or highway, such fence shall include either
screening so as to maintain the character of the neighborhood and
not interfere with or limit in any way the function of any adjacent
or nearby property, or such area adjacent to the fencing shall be
adequately landscaped as to adequately obscure the junkyard from view
from said adjacent residential property and public street or highway.
All materials dealt in by the licensee shall be kept within such fence
at all times. Such fence shall be of first class material, workmanship
and design. The Building Inspector of the Town of Stanford shall determine
the adequacy of such screening material and design.
[Amended 3-14-1985 by L.L. No. 2-1985]
D.
Inside and adjacent to and contiguous with such a
fence a strip of land at least 10 feet in width shall be kept free
of all dry grass or other growth and other combustible material so
as to provide a fire lane or line around the whole area where the
activity or business of the licensee is being conducted.
E.
The autos, parts and materials shall be piled or arranged
in neat rows so as to permit easy, clear passage through the area.
F.
There shall be maintained at each such place of activity
or business for which a license is issued at least one fire extinguisher
of approved design and capacity for each 40,000 square feet of the
area. Each such fire extinguisher shall be hung or mounted in a conspicuous
place, clearly marked and available, and shall be kept charged and
in usable condition at all times.
G.
When the area is not supervised by the licensee or
his employees, the fence shall be locked at a secure gate in a secure
manner.
H.
Suitable sanitary facilities shall be available, connected
to approved public sewers or septic tanks, for the use and convenience
of the customers and employees of the licensee.
I.
The area of the licensee's activity or business shall
not be used as a dump area nor as a place for the burning and disposal
of junk or trash.
J.
The Building Inspector of the Town of Stanford shall
have access to the area of the activity or business of the licensee
at all reasonable hours to inspect the same for compliance herewith.
[Amended 3-14-1985 by L.L. No. 2-1985]
[Amended 9-13-1984 as L.L. No. 1984]
Any person committing an offense against the
provisions of this chapter shall be guilty of a violation under the
Penal Law and, upon conviction thereof, shall be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both. Each day such offense shall continue or shall be permitted
to exist shall constitute a separate violation.
