[HISTORY: Adopted by the Town Board of the Town of Coxsackie 8-12-2008 by L.L. No.
8-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch.
119.
Hazardous wastes — See Ch.
125.
Junk storage — See Ch.
130.
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 Town Board where it is proposed to locate the junkyard, and the application shall be accompanied by a certificate from the Planning Board that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter
201, Zoning. The application shall contain a description of the land to be included within the junkyard.
A. A hearing on the application shall be held in the Town of Coxsackie
not less than two nor more than four weeks from the date of the receipt
of the application by the Town Board.
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 Town of Coxsackie,
which publication shall be not less 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 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 Town 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 Town 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 Town Board 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 1. 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, as set forth by the Town of Coxsackie
in the Fee Schedule, shall 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 Board, 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 Coxsackie 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 which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until the next April 1, 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 §
132-11 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.
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.