[HISTORY: Adopted by the Common Council of the City of Cortland 4-1-1975 by L.L. No.
2-1975. Amendments noted where applicable.]
As authorized by the provisions of the Municipal Home Rule Law,
Article 2, § 10; General City Law, Article 2A, § 20;
and General Municipal Law, Article 6, § 136, the Common
Council enacts the following chapter regulating scrap metal processing
facilities (hereinafter sometimes referred to as "facility" or "facilities")
and junkyards in the City.
A clean, wholesome, attractive environment is declared to be
of importance 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 City and the general
welfare of its residents. It is further declared that the unrestrained
accumulation of scrap metal and junk of all types is a hazard to such
health, safety and welfare of residents of the City necessitating
the regulation, restraint and elimination thereof. At the same time,
it is recognized that the maintenance of scrap metal processing facilities
and 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.
A.
SCRAP METAL PROCESSING FACILITIES and JUNKYARD
(1)
(2)
(3)
JUNK
MOTOR VEHICLE
PERSON
For purposes of this chapter, the following terms shall have the
meanings indicated:
Any of the following or any combination of the following:
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,
or 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; or
Any establishment having facilities for processing iron, steel
or nonferrous scrap and whose principal product is scrap iron, steel
or nonferrous scrap for sale or remelting purposes; or
Any place of storage or deposit where scrap iron or old or used
machinery or metals, rags, bottles, rope, newspaper and paper products
are held and the principal purpose or business of said place is the
reclaiming for use some or all of the materials therein, or the principal
purpose or business of said place is for the resale or the disposing
of the same. For the purposes of this subsection, a place of storage
or deposit shall not include any establishment which as an incident
to its principal business produces, uses or stores any of the aforesaid
items as a consequence of, or in connection with, its principal business.
Any item or combination of items described in Subsections
(1) through (3) of the definition of "scrap metal processing facilities"
and "junkyard."
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
Includes a natural person or persons, corporations, partnerships,
unincorporated associations or any other organization of two or more
persons.
B.
Nothing in the definition of "scrap metal processing facilities" and "junkyard" shall limit the prohibitions against the placing, throwing, depositing, discharging or accumulation of refuse and litter in whatever form upon real property in the City as provided in Chapters 181 and 241 of the Code of the City of Cortland.
[Amended 1-6-1981 by L.L. No. 1-1981]
A.
No person shall operate, establish or maintain a junkyard or facility
until they have:
(1)
Obtained a license to operate a scrap metal processing facility or
a junkyard business; and
(2)
Obtained a certificate of approval for the location of such facility or junkyard. A person shall be entitled to be licensed to operate a scrap metal processing facility if more than half their business includes activities described in Subsection A(2) of the definition of "scrap metal processing facilities" and "junkyard" above.
B.
The provisions of this chapter shall not apply to any person who conducts all of their activities as defined in § 164-3 above within a permanent building which is completely enclosed on all sides with solid walls except for necessary doors, windows and like openings and which is completely covered by a roof.
Application for the license and certificate of approved location
shall be made in writing to the Common Council, and the application
shall be accompanied by a certificate from the Zoning Board of Appeals
that the proposed location is not within an established zoning district
restricted against such uses or otherwise contrary to the prohibitions
of such Zoning Ordinances. The application shall contain a description
of the land which is to comprise the junkyard or facility.
A hearing on the application shall be held by the Common Council
not less than two nor more than four weeks from the date of the receipt
of the application by the Common Council. Notice of the hearing shall
be given to the applicant by mall, postage prepaid, to the address
given in the application and shall be published once in the official
newspapers of the City, which publication shall be not less than seven
days before the date of the hearing.
At the time and place set for the hearing, the Common Council
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 or facility. In considering such application, the Common
Council shall take into account the suitability of the applicant with
reference to their ability to comply with the fencing requirements
or other reasonable regulations concerning the proposed junkyard or
facility, to any record of convictions 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 the hearing, the Common Council
shall hear the applicant and all other persons wishing to be heard
on the application for certificate of approval for the location of
the facility or junkyard. In passing upon the application, the Common
Council shall take into account, after proof of legal ownership or
right to the 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 gatherings; 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 other causes.
At the hearing regarding location of the facility or junkyard,
the Common Council 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 on the continued general welfare. In
this connection, the Common Council may consider collectively the
type of road servicing the facility or junkyard or from which the
facility or junkyard may be seen, the natural or artificial barriers
protecting the facility or 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 facility or junkyard.
After hearing, the Common Council shall within two weeks 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,
including the certificate of approved location, shall be forthwith
issued to remain in effect until the following 31st day of December
next succeeding the day on which it was granted. Approval shall be
personal to the applicant and not assignable. Licenses shall be renewed
thereafter upon payment of the fee without hearing, provided all provisions
of this chapter are complied with during the license period, the facility
or junkyard does not become a 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 Common Council 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 the application is not granted, the fee shall be returned
to the applicant. The City, in addition to the license fee, may assess
the applicant with the costs of advertising the application and such
other reasonable costs incident to the hearing as are clearly attributable
thereto and may make the license conditional upon payment of the same.
A.
Before use, a new facility or junkyard shall be completely surrounded with a permanent opaque 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 the facility or junkyard or when the applicant or their agent shall be within. The fence shall be erected not nearer than 50 feet from a public highway. All items defined in § 164-3 above shall be kept within the enclosure of the facility or junkyard except as removal shall be necessary for the transportation of same in the reasonable course of business. All wrecking and other work shall be accomplished within the enclosure. All items defined in § 164-3 above shall be placed in such a manner as not to exceed six feet in height within 50 feet of the inside of the enclosure of the facility or junkyard; and in any other part of the facility or junkyard, shall be placed in such a manner as not to exceed 16 feet in height.
B.
Where the topography, natural growth of timber or other considerations
accomplish the purposes of this section in whole or in part, the fencing
requirements hereunder may be reduced by the legislative body upon
granting the license; provided, however, that the natural barrier
conforms with the purposes of this chapter.
For the purposes of this chapter, the location of facilities or junkyards already established shall be considered approved by the Common Council and the person operating or maintaining a scrap metal processing facility or junkyard as defined in § 164-3 shall furnish the Common Council the information as to location which is required in an application together with the license fee, and the Common Council shall issue them a license valid until the following 31st day of December next succeeding the day on which it was granted, at which time the person may apply for renewal as herein provided. If more than half of the business activity of the facility includes activities described in § 164-3A(2) under the definition of "scrap metal processing facilities" and "junkyard" above, the person shall be entitled to a license to operate a scrap metal processing facility. The person shall comply with all other provisions of this chapter including the fencing and height requirements set forth in § 164-12 hereof.
Notwithstanding any of the foregoing provisions of this chapter,
no facility or junkyard hereafter established shall be licensed to
operate if the junkyard or any part thereof shall be within 500 feet
of a church, school, hospital, public building or place of public
assembly.
A.
Any person who shall violate any of the provisions of this chapter
shall be guilty of an offense punishable by a fine not to exceed $500
or by imprisonment for a definite term not to exceed 15 days, or by
both such fine and imprisonment. Each day that a violation is carried
on or continues shall constitute a separate violation.
[Amended 5-4-2010 by Res. No. 101-2010]
B.
Conviction for any above-mentioned violation shall constitute and
effect an immediate forfeiture of the license.
C.
Any person violating this chapter shall be subject to a civil penalty
enforceable and collectible by the City in the amount of $500 for
each such offense. Such penalty shall be collectible by and in the
name of the City for each day that such violation shall continue.
[Amended 5-4-2010 by Res. No. 101-2010]
D.
In addition to the above-provided penalties and punishment, the City
may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this chapter.
