[HISTORY: Adopted by the Town Board of the Town of Wawayanda 4-4-1968. Amendments noted where applicable.]
Solid waste — See Ch. 152.
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Town and to the safeguarding of their material rights against unwarrantable invasion, and in addition, such 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 section.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- Any place of storage or deposit (whether in connection with another business or not, except the business of farming) 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.
- MOTOR VEHICLE
- Any vehicle propelled or drawn by power other than muscular power, originally intended for use on public highways.
- NO LONGER IN CONDITION FOR LEGAL USE ON THE PUBLIC HIGHWAYS
- Any motor vehicle without a current New York State inspection sticker or any motor vehicle with a current New York State inspection sticker or out-of-state inspection sticker or registration in condition such that it would not pass inspection for a New York State inspection sticker at the time of any alleged violation under the provisions of this chapter.
The provisions of this chapter will not apply to motor vehicles actually used in pursuance of the business of farming.
The provisions of this chapter will not apply to genuine antique motor vehicles located on property owned by a member of a nationally recognized antique motor vehicle association.
No person shall operate, establish or maintain a junkyard until he has obtained a license, as hereinafter provided, to operate a junkyard business.
Application for license shall be made in writing to the Town Board. The application shall be submitted with a survey map of the land proposed to be used as a junkyard, showing the location of bounding roads and the names of abutting property. Abutting property shall include, inter alia, property directly across any road from the applicant's property. The application shall also contain a description of the type, height and location of fencing proposed to be used by the applicant.
A hearing on the application shall be held not less than two or 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 not be fewer 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 following:
Personal qualification of the applicant. The Town Board will consider:
The suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard;
Any record of conviction of the applicant for any type or larceny or receiving of stolen goods; and
Any other matter within the scope of the legislative intent of this chapter.
Location requirements. 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 building or other place 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.
Aesthetic considerations. 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 form 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 the 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 other suitable sites for the junkyard.
After hearing, the Town Board shall, within one month or at its next regular meeting, 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 shall be forthwith issued to remain in effect until the following January first. Approval shall be personal to the applicant and not assignable. 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 Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.
The annual license fee shall be $500 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 may also charge the applicant with the cost of advertising and any other reasonable costs incident to the hearing and may make the license conditional upon payment of said charge.
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens the junkyard contents 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 100 feet from a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the fence 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 motor vehicles and parts and all burning of the same within the vicinity of the junkyard shall be accomplished within the fence enclosure.
In the discretion of the Town Board, the requirement for fencing may be waived or the fencing requirement may be reduced, particularly where the topography, natural growth of timber or other considerations accomplish the purposes of this chapter.
For the purpose 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. Within 60 days from the passage of this chapter, however, the owner shall furnish the Town Board the information as to location, etc., which is required in § 108-4 hereof, together with the license fee, and the Town Board shall issue him a license valid until the next January first, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in § 108-9 of this chapter. However, the Town Board may, for good cause shown, grant such owner a period of time, not to exceed one year from the date of issuance to such owners of this first license under this chapter, in which to comply with the fencing requirements set forth in § 108-9 of this chapter.
Notwithstanding any of the foregoing provisions of this chapter, no junkyard hereafter established shall be licensed to operate is such yard or any part thereof shall be within 500 feet of a church, school, hospital, public building or place of public assembly.
The owner or lessee of a building or premises where a violation of any of the provisions of this chapter is committed or shall exist or any other person who commits or takes part or assists in any such violation or who maintains any building or premises or any part thereof in which any violation shall exist or be committed shall be guilty of a violation against this chapter, punishable by a fine of not more than $100 or by imprisonment not to exceed 15 days, or both, and such offense for the purpose of conferring jurisdiction upon courts and judicial officers generally, shall be deemed a misdemeanor, and for such purpose only, provisions of law relating to misdemeanors shall apply to such violation. Each week's continued violation after notice thereof shall have been given as herein provided shall constitute a separate violation. Such notice shall be in writing signed by the Town Clerk and shall be served upon the person or persons committing such violation, either personally or by registered mail addressed to such person or persons at his or their last known addresses. In addition, the Town shall have such other remedies as are provided by law to restrain, correct or abate any violation of this chapter.