[HISTORY: Adopted by the Board of Trustees
of the Village of Coxsackie 5-20-1970 by L.L. No. 2-1970. Amendments noted where
applicable.]
GENERAL REFERENCES
Junk storage — See Ch.
78.
Property maintenance — See Ch.
106.
Solid waste — See Ch.
126.
Abandoned vehicles — See Ch.
143.
A clean, wholesome, attractive environment is
declared to be important 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
state 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 state 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.
As used in this chapter, the following terms
shall have the meanings indicated:
JUNKYARD
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, 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
All vehicles propelled or drawn by power, other than muscular
power, originally intended for use on public highways.
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 governing board
of the municipality where it is proposed to locate the junkyard, and,
in municipalities having a Zoning Ordinance and a Zoning Board, the
application shall be accompanied by a certificate from the Zoning
Board that the proposed location is not within an established district
restricted against such uses or otherwise contrary to the prohibitions
of such Zoning Ordinance. The application shall contain a description
of the land to be included within the junkyard.
A. A hearing on the application shall be held within
the municipality not less than two nor more than four weeks from the
date of the receipt of the application by the legislative body.
B. 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 municipality, which publication shall be not less than seven days
before the date of the hearing.
At the time and place set for hearing, the governing
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 conviction 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 hearing, the governing
board shall hear the applicant and all other persons wishing to be
heard on the application for certificate of approval for the location
of the junkyard. In passing upon 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 governing 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 governing
board may consider collectively the type of road servicing the junkyard
or from which the junkyard may be seen, the nature or artificial barriers
protecting the junkyard from view, 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 the hearing, the governing body 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
April 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 governing board may be reviewed under Article
78 of the Civil Practice Law and Rules.
The annual license fee shall be $25, 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. A municipality, 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 may make the license conditional
upon payment of same.
A. Before use, a new 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
to a public highway. All motor vehicles and parts thereof 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 same in the reasonable course of the business. All wrecking or
other work on such motor vehicles and parts and all burning of same
within the vicinity of the junkyard shall be accomplished within the
enclosure.
B. 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
legislative body, 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 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 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 §
79-11 of this chapter.
Notwithstanding any of the foregoing provisions
of this chapter, no junkyard hereafter established 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.
[Added 12-12-1979 by L.L. No. 27-1979]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be guilty
of an offense punishable by a fine not exceeding $100, and each week
that such violation is carried on or continues shall constitute a
separate violation.