[HISTORY: Adopted by the Board of Trustees of the Village of Wolcott 11-20-1967. Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and to 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 Village and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk is a hazard to the health, safety and welfare of citizens of the Village, necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of junkyards, as defined herein, is a useful and necessary business and ought to be permitted, when not in conflict with the express purposes hereof.
No junkyard, as herein defined, shall be established or continued in existence, except as expressly permitted by and in conformity with the regulations herein specified.
The present tense shall include the future, the singular shall include the plural and the plural the singular. The word "shall" is always mandatory.
Should any of these regulations conflict or be inconsistent with the Village Law, such provision of the Village Law shall apply.
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. In addition to the license fee, the applicant shall pay the costs of advertising such application and such other reasonable costs incidental to the hearing as are clearly attributable thereto and make the license conditional upon payment of same.
The owner or licensee of any such place of business who commits or persists in any acts in violation of the provisions of this chapter shall be deemed to have committed an offense and shall be liable for any such violation and penalty therefor. Each week such violation shall continue or be permitted to exist shall constitute a separate violation.
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $100 or imprisonment not exceeding 30 days, or to both such fine and imprisonment.
Conviction for any violation shall constitute and effect an immediate forfeiture of the license.
Any person violating any provision hereof shall be subject to a civil penalty enforceable and collectible by the Village in the amount of $100 for each such offense. Such penalty shall be collectible by and in the name of the Village for each day that such violation shall continue.
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 in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation hereof.
An offense hereunder, for the purpose of conferring jurisdiction upon courts and judicial officers generally, shall be deemed a violation; and for such purpose only, all provisions of law relating to violations shall apply to such violation.
This chapter shall be in full force and effect after compliance with the provisions of § 95 of the Village Law.
Certain words and terms used in this chapter are defined for the purpose thereof as follows:
- JUNK DEALER
- Any person, firm or corporation owning, leasing or otherwise occupying land upon which a junkyard, as herein defined, is situated.
- A lot, land or structure, or part thereof, over 200 square
feet in area, used primarily for the collection, storage and/or sale
of wastepaper, rags, scrap metal or discarded material or for the
collection, dismantling, storage and/or salvaging of machinery or
vehicles not in running condition and/or for the sale of the parts
thereof, except as an accessory to the principal industrial use of
the lot, provided that the term "junkyard" shall not be constituted
to mean an establishment for 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. Two
or more motor vehicles not in operating condition shall be deemed
to constitute a junkyard; and the retention of an inoperable motor
vehicle, unless stored in a garage or other building, on any parcel
of land within the Village of Wolcott for a period of one year or
more shall also be deemed to constitute a junkyard.[Amended 10-20-1975 by L.L. No. 4-1975]
- STREET, CENTER LINE OF
- The line midway between and parallel to two street or lot property lines, or as otherwise defined by the Village Board.
- STREET LINE
- The right-of-way line of a street as indicated by dedication or by deed of record.
No person shall engage in, operate, establish, maintain or conduct on real property within the Village of Wolcott, either for himself or for and on behalf of any other person, directly or indirectly, as agent, employee or otherwise, any junkyard without first obtaining a license and certificate of approved location therefor, as hereinafter provided.
Application for the license and the certificate of approved location shall be made, in writing, to the Village Board of the Village of Wolcott, and shall state where the proposed junkyard shall be located, and, if a corporation, the names and addresses of all officers, stockholders and employees. The application shall contain a description of the land to be included within the junkyard, indicating distances from streets and lot lines and/or street center lines.
A hearing on the application shall be held within the municipality within 30 days from the date of the receipt of the application by the Village Board. 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 or posted as provided by § 90 of the Village Law.
After the hearing, the Village Board 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 December 31. 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 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.
License. At the time and place set for hearing, the Village 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 and other reasonable regulations concerning the proposed junkyard, to any record of convictions for any type of larceny or receiving of stolen goods, and to any other matter hereof.
Location. At the time and place set for hearing, the Village 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 unhealthful odors or smoke, or of other causes. In this connection, 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.
Aesthetics. At the hearing regarding location of the junkyard, the Village Board may also consider the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens, and whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Village Board may consider the road servicing the junkyard, the type of road and whether the junkyard can be seen from it, the natural 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.
Fencing. 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 100 feet to the street line or 125 feet from the center line of the street, whichever is the greater. All junk 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 motor vehicles, machinery or equipment and parts thereof shall be accomplished within the enclosure. Where the topography, natural growth of timber or other considerations accomplish the purpose of this section, in whole or in part, the fencing requirements hereunder may be reduced by the Village Board upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.
For the purposes of this section, the location of junkyards already established at the time of this enactment shall be considered approved by the Village Board and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this section, however, the owner shall furnish the Village Board the information as to location, which is required in an application, together with the license fee, and the Village Board shall issue him a license valid until the next January 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 § 80-10D.
Management. The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.
Office. 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.
Fire lane. Inside, 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, 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.
Burning prohibited. Motor vehicles, parts and other materials dealt in by the licensee shall be disassembled or dismantled by means other than by burning. They shall be piled or arranged in neat rows so as to permit easy, clear passage through the area.
Fire extinguisher. 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.
Sanitary facilities. Suitable sanitary facilities within the area 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. Such sanitary facilities shall be separate and apart from any residence upon the premises.
Access of Village officials. The Chief of Police, the Village Clerk and the Village Board or any of its 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.
In addition to the other requirements herein, before a license is granted, the applicant shall present to the Village Clerk a bond in the amount of $2,000 and approved as to form by the Attorney for the Village, which bond shall be conditioned for the payment of any civil penalty which might be imposed against the applicant under the provisions of this chapter, and also shall be conditioned that the applicant will remove all items and materials, including fencing, from the premises at the termination of the license period or renewal thereof, or at such time as the business conducted upon the premises shall be discontinued, either voluntarily or by action under this chapter, or, in default thereof, licensee shall be responsible for all costs incurred by the Village in the removal of all material and items used in the business, including fencing from the premises upon which the business was conducted.