[HISTORY: Adopted by the Board of Trustees of the Village of Green Island 3-28-1977 by L.L. No. 1-1977. Amendments noted where applicable.]
By the adoption of this chapter, the Village Board of the Village of Green Island declares its intent in so doing to be to regulate, control and license the activities or businesses known as "auto graveyards," "junkyards" and "secondhand parts collection areas," the processing of used metals for resale and the dumping, storage and disposal of waste, secondhand or used materials of whatever composition. Said 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; and the engine and other parts of such autos are frequently covered with grease and oil which is also flammable. The tires, plastic seats, tops and other elements of such autos can contain acids and other matter potentially harmful to humans. These autos frequently contain sharp metal or glass edges or points upon which a human could receive serious cuts and abrasions. These autos can constitute attractive nuisances to children and certain adults. The presence of such junkyards, even in areas zoned for business or industry, is unsightly, is both a noise and air-pollution hazard, results in increased truck traffic through the Village streets and tends to detract from the value of surrounding land and property unless such areas are properly maintained, policed and operated.
As used in this chapter, the following terms shall have the meanings indicated:
- A passenger car, truck, tractor truck, trailer, bus, motorcycle or any other vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment.
- A lot, land or structure, or part thereof, used primarily
for the collection, storage and/or sale of wastepaper, rags, scrap
metal or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or autos and automotive vehicles not in
running condition and for the sale of parts thereof, except as accessory
to a principle industrial use of the lot. Storage of two or more inoperative
motor vehicles shall constitute a junkyard. Lack of current New York
State inspection stickers on motor vehicles shall be prima facie evidence
that the motor vehicles are inoperative.[Amended 12-19-1988 by L.L. No. 1-1988]
- An individual, an association, a partnership, a company or a corporation.
No person shall engage in or conduct on real property within the Village of Green Island, either for himself or for and on behalf of any other person, directly or indirectly as agent, employee or otherwise, a junkyard, auto graveyard or 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 sale, resale, storage or disposal or otherwise of secondhand autos, the bodies, engines or parts of such autos or of any other secondhand or used property of whatever material it is 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 person who shall permit the collection or storage outside of a building of two or more inoperative autos for a period of more than 30 days shall be considered as engaged in the operation of an auto graveyard and shall be required to obtain a license pursuant to the terms of this chapter, except that a person may collect or store up to and including five autos as herein defined on his own property, provided that such autos are not visible from any street, highway or real property owned by another person, without being required to obtain the license provided by this chapter. An auto shall be considered as inoperative if, after five days' written notice from the Village Clerk, the owner of the auto or the owner of the land upon which said auto rests does not secure a New York State motor vehicle inspection certificate or, in the alternative, meet the necessary inspection requirements to obtain a New York State motor vehicle inspection certificate.
[Amended 12-19-1988 by L.L. No. 1-1988]
Each applicant for a license hereunder shall execute, under oath, an application therefor to be supplied to him by the Village Clerk, which shall contain the following information:
That the applicant is over 21 years of age.
A description of the exact type of business he intends to conduct and the nature of the materials he intends to handle.
The number of employees he intends to engage.
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.
Whether or not the applicant has a valid junk dealer's license issued pursuant to Article 6 of the New York State General Business Law and whether or not it is an application for a temporary license.
At the time of making the application, the applicant shall submit to and file with the Village Clerk a map or plan of the real property upon which he intends to conduct the activity or business for which he is making application for a license hereunder, with the area of such real property which it is proposed to use for such purpose, the location of the fence required hereunder indicated thereon as well as the location of any buildings on such land and the location of any water, sewer or gas mains or laterals available thereto as well as the general drainage pattern of such land.
In the application, the applicant shall agree that, if granted the license applied for, he will conduct the activity or business pursuant to the regulations hereinafter set forth and that, upon his failure to do so, such license may be revoked as herein provided.
A person presently engaged in or conducting an activity or business such as described herein on real property within the Village of Green Island must apply for a license therefor within 30 days of the adoption of this chapter. If the place where he conducts such activity or business presently complies with the requirements a 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 such 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. Anything in this chapter to the contrary notwithstanding, the applicant must comply with § 105-6A in order to be granted a temporary license, off-street or off-highway parking.
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 Village Clerk, at the time of issuing such temporary license, shall send the owners, or each of them, a notice of the issuance of such temporary license to such person, together with a copy of this chapter.
Fees for licenses, including temporary licenses, shall be as set forth from time to time by resolution of the Board of Trustees, which sum shall cover 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.
[Amended 12-19-1988 by L.L. No. 1-1988]
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.
Such license, except a temporary 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 annually if the licensee desires to continue such activity or business. A temporary license shall be effective for one year from the date of its issuance.
Such license may be revoked by the Village Board for any violation of this chapter, after a public hearing thereon at which the licensee shall have an opportunity to be heard. Upon revocation of a license, the Village Board may require the removal of autos, parts and materials left as above provided in the case of an applicant for a temporary license who fails to qualify for a license.
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 Village Clerk of this Village, 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, such junk dealer's license fee actually paid by such applicant. This chapter shall be fully binding upon and applicable to the holder of any such junk dealer's license.
The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.
The licensee must maintain an office and a sufficient number of employees on the premises to assure the proper and safe conduct of such activity or business, to minimize the fire hazards therefrom and to prevent improper trespass thereon by children or others.
The licensee must erect and maintain a six-foot wire fence of close mesh or a six-foot fence made of tight wood or of other material adequate to prohibit the entrance of children and others into the area of activity or business and to contain within such fence the materials dealt in by the licensee. Such fence shall be not less than 25 feet from the boundary lines of the property, but not less than 125 feet from the boundaries of any public street or highway. That side of the area 125 feet from the boundaries of any public street or highway which is the side nearest the street or highway and parallel or closest to being parallel to the street or highway shall be made only of tight wood unless and until the licensee elects to and does not plant three rows of conifer trees of at least six feet in height and not over six feet apart, which rows shall be between said street or highway and his wooden fence and proximate to his wooden fence in which case, and as soon as the trees have reached said height, the licensee may substitute a wire mesh fence or fence of another material.
The wire fence substituted for the wooden fence may be maintained in place of the wooden fence only so long as the three rows of conifer trees are maintained at a minimum height of six feet.
Inside and adjacent to and contiguous with such fence, a strip of land at least 10 feet in width shall be kept free of all dry grass, brush or other growth or 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.
The autos, parts and other materials dealt in by the licensee shall be piled or arranged in neat rows so as to permit easy, clear passage through the area.
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 area. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
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.
Suitable sanitary facilities shall be available, connected to approved public sewers or septic tanks, for the use and convenience of the employees of the licensee as well as the general public visiting the area.
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.
The Police Department, the Fire Department, the Village Clerk or members of the Village Board of Trustees or any of the municipality's representatives shall be granted access to the area of the activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith.
Sufficient parking shall be provided off the public street or highway for licensee's customers, who shall not be served if their vehicles are left standing or parked in the said streets or highways.
The hours of operation of such activity or business shall be such so as not to disturb residents in the vicinity thereof with early morning or late evening loud, reverberating noises or sounds from blasts, crashings, thrashings, bangings, etc.
The owner or licensee of any such place of business 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 such chapter and also shall be liable for any such violation or the penalty therefor.
For every violation of any provision of this chapter, the person violating the same shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Amended 12-19-1988 by L.L. No. 1-1988]
In addition to the above-provided penalties and punishment, the Village Board may also maintain an action or proceeding in the name of the Village of Green Island in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.