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.
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.
JUNKYARD
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.
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.
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.