[HISTORY: Adopted by the Town Board of the Town of Schaghticoke 7-11-1984. Sections
78-5A, 78-6C and K and 78-7B amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
By the adoption of this chapter the Town Board of the Town of
Schaghticoke declares its intent in so doing to be to regulate, control
and license the activities or businesses known as "auto graveyards,"
"junkyards," "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 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 also 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 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 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 other than farm machinery and equipment.
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered 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 purpose of used
parts or waste material 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
produce is scrap iron, steel or nonferrous scrap for sale for resmelting
purposes only, nor an establishment which garages all vehicles within
buildings at all times. For purposes of this definition, it shall
be presumed that any vehicle unregistered for more than six months
is no longer intended for legal use on public highways.
B.
No person shall engage in or conduct on real property within the
Town of Schaghticoke, either for himself or for and on behalf of 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 sale, resale, storage or disposal or otherwise of:
(1)
Bodies, engines or parts of autos;
(2)
Any other secondhand or used property of whatever material it is
composed; or
(3)
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.
C.
No person, without first obtaining a license therefor as hereinafter
provided, shall store or keep on real property within the Town of
Schaghticoke, either for himself or for and on behalf of any other
person directly or indirectly as agent, employee or otherwise, any
item of farm machinery and equipment no longer in serviceable or usable
condition unless said item is both used by the owner as a source of
used parts for his farm operation and located on said farm premises
so as not to be readily observed by persons traveling on adjacent
highways or waterways.
D.
Exemptions.
(1)
Regardless of any provisions of this chapter hereinbefore stated
or hereinafter set forth, no license shall be required of an operator
of a garage or repair shop enterprise for:
(a)
The storing at his place of business of motor vehicles upon
which he is working, owned by his customers and which are to be returned
to his customers upon the completion of the work.
(b)
The storing of a number not in excess of 10 unregistered or
secondhand motor vehicles for any other purpose, provided that said
motor vehicles are stored on the said operator's premises in
an orderly manner removed from public view in a way reasonable under
the circumstances of the operator's premises.
(2)
To obtain such an exemption, such operator shall file each license
year with the Clerk of the Town of Schaghticoke a certificate stating
that such operator conducts a garage or repair shop open for business
to the public at a certain specified location.
(3)
No person engaged in the selling of new or used motor vehicles, machinery
or equipment shall be required to obtain a license for the storing,
depositing and exhibiting of said motor vehicles, machinery or equipment,
as long as said motor vehicles, machinery or equipment are in a salable
condition.
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:
(1)
That the applicant is over 18 years of age.
(2)
That he is a citizen of the United States.
(3)
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.
(4)
A description of the exact type of business he intends to conduct.
(5)
The nature of the materials he intends to handle.
(6)
The number of employees he intends to engage.
(7)
The name and address of the owner or owners of the land and the nature
of the right of occupancy of the applicant in the use of such land.
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 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 and
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 streets or highways abutting or passing through 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.
C.
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 forthwith.
D.
A person presently engaged in or conducting an activity or business
such as described herein on real property within the Town of Schaghticoke
must apply for a license therefor within 60 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 six months,
during which time 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 six-month period such person has not 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.
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 to 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.
A.
The fee for the license is hereby fixed at $25 plus the costs of
advertising, which sum covers not only the cost of the license itself
but also the cost of making the necessary inspections of the premises
to ascertain compliance with the regulations hereafter prescribed.
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 shall be effective from the date of its
issuance until the last 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.[1]
B.
Such license is personal with the licensee. It does not pass with
the title of the land nor may it be sold, assigned, transferred or
disposed of. Such license may be revoked by the Town Board after a
public 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 left as above provided in
the case of an applicant for a temporary license who fails to qualify
for a license.
A.
The licensee must personally manage or 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 premises to assure the proper and safe conduct of such activity
or business, to minimize the fire hazard therefrom and to prevent
improper trespass thereon by children and others.
C.
The licensee must erect and maintain an eight-foot fence which completely
surrounds and substantially screens the junkyard and is 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 no nearer than 50
feet to the boundary line thereof. All the materials dealt in by the
licensee shall be kept within such fence at all times.[1]
D.
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
or other growth or other combustible materials so as to provide a
fire lane for and around the whole area where the activity or business
of the licensee is to be conducted.
E.
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.
F.
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.
G.
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.
H.
The area of the licensee's activity or business shall not be
used as a dump area nor a place for the burning and disposal of junk
or trash.
I.
Operations resulting in noises causing an annoyance or disturbance
to neighbors shall not begin before 8:00 a.m. and shall cease before
10:00 p.m.
J.
Any or all of the foregoing may be modified or eliminated by appropriate
action of the Town Board where the applicant can demonstrate need
or necessity of such modification or elimination by reasons of business
activity, isolated location or for any other reason.
A.
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.
Each day such violation shall continue or be permitted to exist shall
constitute a separate violation.
B.
For every violation of any provision of this chapter, the person
violating the same shall be subject to a fine of not more than $250
or to imprisonment not exceeding 15 days, or both such fine and imprisonment.[1]
C.
Conviction for any above-mentioned violation shall result in an immediate
forfeiture of the license.
D.
Any person violating this chapter shall be subject to a civil penalty
enforceable and collectible by the town in the amount of $500 for
each such offense. Such penalty shall be collectible by and in the
name of the town for each day that such violation shall continue.
E.
In addition to the above-provided penalties and punishment, 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
or to restrain by injunction the violation of such chapter.
