[HISTORY: Adopted by the Town Board of the Town of Smithtown 6-27-1989 as L.L. No.
4-1989. Amendments noted where applicable.]
This chapter shall be known as the "Licensing of Junk Dealers,
Junkyards and the Regulation of Junkyards Law of the Town of Smithtown."
This chapter may be cited as the "Junkyard and Junk Dealer Local
Law of the Town of Smithtown."
A.
In the Town of Smithtown, damaged, worn out, scrapped or discarded
materials or objects, such as automobiles and other vehicles, building
materials, machinery, metal, wastepaper, rags, glassware, tinware
and plastic, have been, are or in the future may be stored, stocked
or used in a dangerous or unsanitary manner on lands, yards, junkyards
or other places within the Town;
B.
The places in which damaged, worn out, scrapped or discarded materials
or objects are stored, have been, are or in the future may be stored
tend to become overgrown with weeds, littered with rubbish and debris
and infested with rats, mice, insects, reptiles and other vermin;
C.
Such conditions tend to attract children and other people and endanger
their lives and health, safety and welfare, spread disease, invite
plundering, attract vagrants, create fire hazards and other health
and safety hazards, create, extend and aggravate blight, interfere
with the use and enjoyment of and reduce the value of private property
and interfere with the comfort and well-being of the public;
D.
Thieves and receivers of stolen property frequently attempt to dispose
of stolen property by representing it to be legitimately acquired
junk, scrap or debris; and
E.
Adequate protection of the public health, safety and welfare of the
inhabitants, visitors and guests in the Town of Smithtown requires
that the business of handling and dealing in junk be regulated and
controlled.
F.
Therefore, it is the intent of the Town Board of the Town of Smithtown
that a clean, wholesome, attractive community and environment is declared
to be of importance to the health, safety and welfare of the inhabitants
and the safeguarding of the 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
Town and the general welfare of its inhabitants. It is further declared
that the unrestrained accumulation of junk, vehicles, building materials,
machinery, metal, wastepaper, rags, glassware, tinware and plastic,
among others, is a hazard to such health, safety and welfare of the
inhabitants of the Town of Smithtown, 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 section.
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
chapter:
Any benevolent, philanthropic, patriotic or eleemosynary
person or organization or one purporting to be such and is registered
with the Secretary of State in Albany as such an organization pursuant
to Article 7-A of the Executive Law.
A person who buys, sells, collects or delivers junk within
the Town as a business or employment within the Town but who is not
an operator of a junkyard within the Town or an employee of such an
operator.
Discarded materials including scrap metal, old iron, steel,
brass, copper, tin, lead or other base metals; old cordage, ropes,
rags, fibers or fabrics; wastepaper; salvage materials; old machinery,
equipment and parts, whether dismantled or not; and motor vehicles
no longer used as such, whether for the purpose of resale of used
parts or components 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; but "junk" shall not include materials or objects held
and used by a manufacturer as an integral part of his own manufacturing
processes. This term shall not include construction and demolition
debris.
[Amended 11-18-2003]
A person who operates a junkyard, as defined below, or any
person engaged in the business of buying and/or selling junk, as defined
above, within the Town, except that the term "junk dealer" shall not
include bona fide charitable organizations such as that term is defined
herein.
Includes a lot, land, or structure used as an automobile
or vehicle salvage yard; an automobile or vehicle reduction yard;
a motor vehicle junkyard; an automobile or vehicle wrecking establishment;
an automobile or vehicle graveyard; a scrap metal processing yard
or facility; or a vehicle dismantling yard or facility. This term
shall not include a "transfer station" as defined herein.
[Amended 11-18-2003]
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on or in public highways, racetracks,
dirt roads, mines, airports, construction sites, sand pits or quarries.
A term of art used to describe the condition or state of
repair or disrepair of any object or article that is torn, worn, ripped,
damaged, broken, dismantled, crushed, ruined, used, outdated or no
longer used for its original intended use or purpose or no longer
capable of being used for its original intended use or purpose. The
term "old" is not necessarily meant to serve as a reference in time,
reference to time or a reference in time relative to some other reference
or point in time. The term "old" may refer to an object or article
that a person no longer desires to keep, hold or maintain, for whatever
reason, and intends to discard.
Any person, firm, association, partnership, corporation,
company or organization of any kind.
See "junk" as defined above.
Any person operating, maintaining or conducting a scrap metal
processing facility.
[Amended 11-18-2003]
Consists of a frame and body, if any, of a vehicle or apparatus
which is designed to be drawn on the public highways and roads by
another motor vehicle.
Includes a lot, land or structure, or any combination thereof,
where solid wastes, including but not limited to uncontaminated waste
resulting from construction, remodeling, repair and demolition of
structures and roads, masonry materials, concrete, drywall and refuse,
are taken from collection vehicles and placed in or exchanged with
other transportation units for movement to another facility or where
solid wastes are temporarily collected and/or processed and subsequently
placed in transportation units for transport to another facility.
This term shall not include any lot, land or structure or any combination
thereof which handles recycled asphalt products exclusively.
[Added 11-18-2003; amended 5-19-2005 by L.L. No. 3-2005]
Any person engaged in the business of acquiring motor vehicles
or trailers for the purpose of dismantling the same for parts or components
or reselling such vehicle as scrap or junk.
A.
It shall be unlawful for any person to act as a junk dealer or operate
a junkyard in the Town of Smithtown, whether personally, by agents
or employees, singularly or along with some other business or enterprise,
without first having obtained a license and a special permit therefor
from the Town Board in accordance with the provisions of this chapter.
A junk dealer who operates more than one junkyard within the Town
shall be required to have in effect a separate special permit for
each yard.
B.
It shall be unlawful for any person to act as an itinerant junk dealer
in the Town of Smithtown without first having obtained a license therefor
from the Town Clerk in accordance with the provisions of this chapter.
An applicant for license under this chapter shall file with
the Town Clerk a written application signed by himself, if an individual,
by all partners, if a partnership, and by the president or chief officer
of a corporation or other organization, upon forms provided by the
Town Clerk, together with 11 conforming copies of such application
and all required fees hereinafter prescribed. The application shall
be sworn to by each of its signers before a notary public or other
officer authorized by law to administer oaths and shall include the
following information or material:
A.
The name, residence address and telephone number of each individual
owner, partner or, if a corporation or other organization, each officer
and director.
B.
The trade names used during the previous five years by the applicant
and each person signing the application, along with the locations
of prior establishments.
C.
The names and addresses of employers of each person signing the application
during the previous five years.
D.
The trade name and address of the business on behalf of which application
is made and its telephone number.
E.
The name, residence address and telephone number of each person employed
or intended to be employed in the business as of the time the application
is filed.
F.
The exact address and location of the place where the business is
or is proposed to be carried on, plus a survey and a proposed site
plan of the actual premises to be used in connection with the business,
giving distances in feet and showing adjoining roads, property lines,
buildings and uses.
G.
The location of all premises where said applicant stores junk permanently
or temporarily in the Town of Smithtown, including all premises where
it is contemplated that junk may be stored in the subsequent 12 months.
In the event that additional premises are used for junk storage and
if such premises were not included in the previous application, the
applicant is required to file a supplementary application including
all of the information and in the same form and subject to the same
conditions as the original application. If such supplementary application
is duly approved, a supplementary license will be issued.
J.
A statement that the applicant will not employ any child under 16
years of age in connection with said junk business.
K.
A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance
or any violation of Article 6 of the General Business Law since January
1, 1903; the nature of the offense; the date of its commission; and
the punishment or penalty assessed therefor.
L.
Two color photographs of the applicant, taken within 60 days immediately
prior to the date of the filing of the application, which shall be
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
M.
Two complete sets of fingerprints of the applicant, taken within
60 days immediately prior to the date of the filing of the application,
which shall give clear and distinct impressions of each and every
finger separately and together. Such prints may only be taken by persons
authorized in the State of New York to take fingerprints and must
certify that said person is duly qualified and authorized to take
fingerprints. Fingerprints must also be certified by the person who
took the fingerprints.
N.
A statement listing all federal, state, county and local licenses
and permits the applicant has applied for, plus a certified copy of
each license or permit said applicant possesses. The applicant shall
cause to be delivered to the Town Clerk a certified copy of any license
or permit the applicant has obtained subsequent to the date of the
application, within five days of receipt of said license or permit.
O.
Such other information as the Town Board, Town Clerk, Supervisor
of the Department of Environment and Waterways, Director of Planning,
Town Engineer or Building Director may from time to time reasonably
require to effectuate the purposes of this chapter and to arrive at
a fair determination of whether the terms of this chapter have been
complied with.
[Amended 5-8-2007 by L.L. No. 5-2007]
A.
Upon receipt of an application for a junk dealer's license or
a license to operate a junkyard as provided herein, the Town Clerk
shall furnish copies of the same to the Departments of Planning, Building,
Engineering, Highway and Environment and Waterways.
B.
The Director of Planning shall approve the application only if he
or she has determined that the applicant has complied with all zoning,
subdivision and/or site plan requirements of the Town of Smithtown.
D.
The Town Engineer shall approve the application only if he or she
has determined that the applicant has complied with all sound engineering
requirements and all applicable Town Code requirements.
E.
The Supervisor of Environment and Waterways shall approve the application
only if he or she has determined that the applicant has complied with
all applicable environmental laws, regulations and ordinances, including
the Code of the Town of Smithtown.
F.
If any of the findings provided for in this subsection are unfavorable
to the applicant, the Town Clerk shall, within 45 days after receipt
of a complete application, notify the applicant that his application
is disapproved and that no license will be issued. Upon request, the
Town Clerk shall furnish the applicant with a brief written statement
of the ground upon which the application was disapproved. The Town
Clerk shall provide the applicant with said statement within 10 days
of such request. If the findings in this subsection are favorable
to the applicant, the Town Clerk shall, within 45 days after the filing
of a complete application, issue a junk dealer's license or license
to operate a junkyard to the applicant if he finds:
G.
The license as issued shall bear the following language conspicuously
on its face:
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IMPORTANT:
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This license applies only to the remises indicated herein and
is personal to the licensee, which authorizes the licensee to operate
a junkyard in a lawful place and manner only; it is NOT a substitute
for any certificate of occupancy, building permit or other certificate
or permit that might be required by law of the licensee, and it does
NOT relieve the licensee of the responsibility to have all such required
permits and certificates at all times and comply with all laws affecting
the above-described business.
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This license shall expire one year from the date of issue.
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H.
The Town Clerk shall keep a permanent record of all applications
filed and all licenses issued in accordance with this chapter.
A.
Any license or renewal license issued hereunder shall be effective
as of the date of its issuance and shall expire one year from said
date.
B.
An applicant for a renewal license shall file with the Town Clerk
a written application upon forms provided by the Town Clerk, signed
and sworn to in the manner required in the case of an original application,
together with 11 conforming copies of the application and all required
fees as hereinafter prescribed. The application shall contain such
information about the applicant's conduct (including any criminal
or civil litigation involving the applicant or operation of the junkyard)
and operation of the licensed business during the preceding license
period as is reasonably necessary to enable the Town Board to determine
the applicant's eligibility for a renewal license.
The fee to be paid for any initial license issued hereunder
shall be $1,000, except that no fee shall be required of a bona fide
nonprofit, charitable organization. An annual license renewal fee
shall be $500, except that no renewal fee shall be required for any
bona fide nonprofit, charitable organization.
No license issued under this chapter shall be transferred or
assigned or used by any person other than the one to whom it was issued,
and no junk dealer's license shall be used at any location other
than the one described in the application upon which it was issued.
A.
The following general operating requirements shall apply to all junk
dealers and junkyards licensed in accordance with the provisions of
this chapter:
(1)
The license issued pursuant to this chapter shall be plainly displayed
on the business premises.
(2)
The junkyard, together with things kept therein, shall at all times
be maintained in a sanitary condition.
(3)
No space not covered by the license shall be used in the licensed
business.
(4)
No water shall be allowed to stand in any place on the premises in
such manner as to afford a breeding place for mosquitoes.
(5)
No drums, barrels, tanks or other vessels of any kind shall be stored
outdoors at any time.
(6)
No garbage or other waste liable to give off a foul odor or attract
vermin shall be kept on the premises, nor shall any refuse of any
kind be kept on the premises unless such refuse is junk as defined
herein and is in use in the licensed business.
(7)
No junk shall be allowed to rest upon or protrude over any public
street, walkway or curb or become scattered or blown off the business
premises.
(8)
In the event that the Town Board waives the requirement of a building as provided for in § 322-96B(5), junk shall be stored in piles not exceeding six feet in height and shall be arranged so as to permit easy access to all such junk for fire-fighting purposes.
(9)
No combustible material of any kind not necessary or beneficial to
the licensed business shall be kept on the premises, nor shall the
premises be allowed to become a fire hazard. All combustible materials
shall be properly contained and stored according to all applicable
local, county, state and federal rules, regulations and laws.
(10)
Gasoline and oil and other vehicular fluids shall be removed
from all engines or vehicles on the premises.
(11)
No junk or other material shall be burned on the premises in
any incinerator not meeting the requirements of all federal, state,
county and local laws, rules and regulations, and no junk or other
material shall be burned on the premises in the open except in accordance
with fire codes or other applicable provisions of law governing burning
with open fires.
(12)
No junkyard operation, activity or business shall be carried
on or in connection with the licensed business on Sundays, Christmas
Day, Thanksgiving Day, New Year's Day, Lincoln's Birthday,
Washington's Birthday, Dr. Martin Luther King Jr.'s Birthday,
Independence Day, Labor Day, Memorial Day, Columbus Day or Veterans
Day or at any time between the hours of 6:00 p.m. and 8:00 a.m.
(13)
The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid, vertical wall or fence of a minimum height of six feet measured from ground level and in accordance with § 322-96B(5)(b). Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business.
(14)
The license shall permit inspection of the business premises
by any member or representative member of the Town Board, the Building
Director or his designates, the Supervisor of the Department of Environment
and Waterways or his designates or the Director of Public Safety or
his designates at any time.
[Amended 5-8-2007 by L.L. No. 5-2007]
(15)
No junk dealer licensed hereunder or his agent or employee shall
purchase or receive any junk for use in the licensed business from
any person under the age of 18 years without the written consent of
a parent or guardian of such person. Such writing shall be held available
for inspection by any member or representative of the Town Board for
a period of at least seven years.
(16)
Each acquisition of junk shall be recorded in English in a permanent-type
register kept on the business premises, giving the name and residence
address of the person from whom the acquisition was made, a description
of the junk acquired and the date of the transaction. Such data shall
be held available for inspection by any member or representative of
the Town Board for a period of at least seven years.
(17)
No junkyard shall be allowed to become a nuisance, nor shall
any junkyard be operated in such manner as to become injurious to
the health, safety or welfare of the community or of any residents
close by.
(18)
All pumps and lubricating and other devises shall be located within the enclosed building described in § 322-96B(5), except that the location of gasoline pumps, which shall only be used to pump gasoline or diesel fuel into vehicles necessary for the operation of a junkyard, shall be located at least 35 feet from any street or lot line or highway right-of-way. Storage tanks for any substance or fluid shall be totally underground at locations other than any building and shall not be less than a two-foot distance from each other.
(19)
Each fluid shall be removed from the premises by a duly licensed
waste hauler who shall be registered with the Town Clerk.
(20)
The shredding or compacting of vehicles or machinery or parts
thereof or of any metal is strictly prohibited.
(21)
No gasoline, diesel fuel, oil or other similar automobile fuel
or fluid shall be sold, either wholesale or retail, from the subject
premises, except as otherwise provided herein.
B.
The following general operating requirements shall apply to all itinerant
junk dealers licensed in accordance with this chapter:
(1)
The licensee shall have the license issued to him under this chapter
in his immediate possession at all times when he is acting as an itinerant
junk dealer in the Town and shall exhibit it to any person upon request.
(2)
He shall not purchase or receive any junk from any person under the
age of 18 years without the written consent of a parent or guardian
of such person. He shall retain such writing for a period of at least
seven years and shall produce it within a reasonable time upon the
request of any member or representative of the Town Board.
(3)
He shall record, in English, in a permanent-type register each acquisition
of junk within the Town, giving the name and residence address of
the person from whom the acquisition was made, a description of the
junk acquired and the date of the transaction. He shall retain such
data for a period of at least seven years and shall produce them within
a reasonable time upon the request of any member or representative
of the Town Board.
(4)
The itinerant license as issued shall bear the following language
conspicuously on its face:
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IMPORTANT:
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This itinerant license applies only to the person indicated
herein and is personal to the licensee, which authorizes the licensee
to be an itinerant junk dealer; it is NOT a substitute for any other
certificate or permit that might be required by law of the licensee,
and it does not relieve the licensee of the responsibility to have
all such required permits and certificates at all times and comply
with all laws affecting the business of junk dealers.
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This license shall expire one year from the date of issue.
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A.
The Director of Public Safety or his designee, the Building Director
or their duly authorized representatives shall inspect the junkyards
of all junk dealers licensed under this chapter at least once a year
to determine whether such yards are being operated in accordance with
the provisions of this chapter and other applicable provisions of
law.
[Amended 9-7-1993 by L.L. No. 8-1993; 5-8-2007 by L.L. No.
5-2007]
B.
No person shall refuse entry to any Town inspector or officer attempting
to enter any premises for the purpose of inspection. Such entry shall
be permitted not only to areas open to the public but also to all
other areas, provided that no employee shall be required to accompany
any inspector in any area that the employee deems to be dangerous,
if the employee tells the inspector or officer that the area is, in
the employee's opinion, dangerous.
A.
When the Town Board determines that the public interest so requires,
it shall revoke or suspend the license of any junk dealer or itinerant
junk dealer when it finds, after due investigation and opportunity
to be heard by the licensee, that:
(1)
The junk dealer or any agent or officer of such dealer who takes
part in the operation of the licensed business or the itinerant junk
dealer is not of good character or reputation or is not capable of
operating the licensed business or carrying on the licensed activity
in a manner consistent with public health, safety and good morals;
(2)
The junk dealer has failed to comply with the provisions of this
chapter or any provision of law applicable to the premises, equipment
or operation of the licensed business, or that the itinerant junk
dealer has failed to comply with this chapter or any provision of
law applicable to his equipment or licensed operations;
(3)
The licensee has obtained his license through any fraud, misrepresentation
or misstatement;
(4)
The licensed business or activity is being conducted in a manner
detrimental to the health, safety or general welfare of the public
or is a nuisance or is being operated or carried on in any unlawful
manner; or
(5)
The licensed business or activity is no longer being operated or
carried on.
B.
Licenses issued under the provisions of this chapter may be revoked by the Town Board of the Town of Smithtown after notice and hearing for violation of the provisions of this chapter or § 322-96 of the Town Code.
C.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of hearing. Such notice shall be mailed postage
prepaid to the licensee at his last known address at least five days
prior to the date set or hearing. Said hearing shall be conducted
in a manner wherein the accused licensee is afforded full due process
of law.
D.
At the conclusion of said hearing and as a result of the evidence
adduced therein, the Town Board may, in its discretion, revoke said
license or, in lieu thereof, suspend the subject license for a specific
period of time, censure the licensee or impose a fine not to exceed
$5,000.
A.
Any person aggrieved by an order of the Town Board denying or revoking
a license for a proposed or existing business or activity subject
to the provisions of this chapter may file a written request for a
rehearing before the Town Board within 10 days after the issuance
of such order. The Town Board shall give notice of a public hearing
upon this request, to be held in not less than five days after service
of the notice on the person requesting the hearing. The Town Board
shall also give notice of the hearing to other persons directly interested
in the order in question. At such hearing, the Town Board shall determine
whether the denial or revocation of the license was in accordance
with the provisions of this chapter and shall issue written findings
of fact, conclusions of law and an order to carry out its findings
and conclusions. These findings of fact and conclusions of law and
order shall be filed with the Town Clerk and served by the Clerk upon
all parties appearing or represented at said hearing.
B.
The Town Attorney shall furnish such assistance and advice to the
Town Board as the Town Board shall request.
Any person acting as a junk dealer or itinerant junk dealer
within the Town on the effective date of this chapter shall have a
period of three months to obtain a special permit and license and
one year to construct the necessary site and building improvements,
but any person acting as a junk dealer or itinerant junk dealer within
the Town on the effective date of this chapter shall have a period
of 90 days after such effective date to comply with all operating
provisions of this chapter.
In addition to all other requirements imposed by state or local
law, rule or regulation, no person may engage in the business of a
junk dealer unless the following items have been complied with:
A.
A site plan has been approved by the Board of Site Plan Review of the Town of Smithtown when such site plan is required by Chapter 322 of the Town Code.
B.
A certificate of occupancy, certificate of existing use or certificate
of zoning compliance exists for the site and all improvements contained
thereon.
C.
A six-foot-high, solid, nontransparent fence according to § 322-96B(5)(b) surrounds all sides of the premises if the Town Board waives the building requirements of § 322-96B(5).
D.
The licensee and/or the owner shall provide and covenant for the
protection of the groundwater.
E.
Vehicle dismantling.
(1)
In the event that vehicle dismantling is to take place, a vehicle
dismantling pad must be installed, used and maintained in conformance
with the reasonable requirements of the Supervisor of the Department
of Environment and Waterways and the Town Engineer. In no event shall
compacting or shredding take place.
(2)
The Supervisor of Environment and Waterways and the Town Engineer
shall, within 90 days of the effective date of this chapter, make
recommended minimum standards for vehicle dismantling pads to the
Town Board. The Town Board may, in its sound discretion, adopt the
recommendation of the Supervisor of Environment and Waterways and
the Town Engineer or, in the alternative, confer with any department,
including the Departments of Environment and Waterways and Engineering,
in order to adopt reasonable minimum standards.
F.
No license shall be issued unless the owner of the land and the tenant
of the premises submits an acknowledged consent authorizing the Town
Board or its duly authorized representative to enter and inspect the
premises.
G.
A statement from the Town Engineer and the Supervisor of the Department
of Environment and Waterways exists, certifying that a minimum of
four permanent test wells, if built according to the required specifications
and requirements, will conform to all applicable laws, rules and regulations.
(1)
The owner and/or operator of the junkyard shall cause to be performed,
by a person whose qualifications are acceptable to the Supervisor
of Environment and Waterways for performing such tests, a testing
and evaluating of groundwater conditions for materials, elements,
compounds and other related substances as indicated by the Supervisor
of Environment and Waterways within seven days of the first of each
of the following months:
(2)
Said owner and/or operator of the junkyard shall cause to be served upon the Town Clerk a certified copy of the groundwater test results within seven days of the completion of said testing. No certified copy of the groundwater test shall be acceptable to the Supervisor of Environment and Waterways to indicate satisfactory compliance with the testing requirements of this Subsection G if the qualifications of the tester have not been accepted by the Supervisor of Environment and Waterways prior to each test.
(3)
A conforming copy of the certified groundwater test shall be kept
by the owner and/or operator of the junkyard and by the tester for
a period of not less than seven years from the date of its certification.
It shall be unlawful for the owner and/or operator of the junkyard
and for the tester to fail to keep a copy of the certified test results
for the required seven-year period.
(4)
The certified copy of the groundwater test results shall contain
a legally authorized form notice to the effect that false statements
made knowingly or negligently are punishable pursuant to § 210.45
of the Penal Law.
(5)
A certified copy of the groundwater test results not properly completed
and/or not subscribed by the tester shall not be acceptable to the
Town.
H.
All storage facilities, tanks, barrels or other similar vessels or
parts thereof must be provided with a means of monitoring frequently
and accurately for any leakage and spillage that might occur. All
leak detection systems and tanks shall be monitored by the junkyard
operator at least on a weekly basis, and the results shall be recorded
and kept with the operator's records for a period of not less
than seven years.
Any applicant for a license, as hereinabove described, who knowingly
makes a false statement in such application shall be guilty of a misdemeanor
and shall be liable to a fine of not more than $5,000 or imprisonment
for not more than 30 days, or both. In addition, any license issued
by the Town of Smithtown in reliance on any false statement material
to the application shall be immediately suspended until such time
as the applicant submits a new application, together with supporting
documentation and all appropriate fees. Upon approval of the application,
the Town Clerk shall remove the suspension from the license and the
same shall continue to be in effect until the expiration date stamped
on the license.
Any person who shall violate or neglect or refuse to comply
with any of the provisions of this chapter shall be guilty of a misdemeanor
and shall be liable to a fine of not more than $5,000 or imprisonment
for not more than 30 days, or both. Each week shall constitute a separate
violation and subject any person who shall violate or neglect or refuse
to comply with any provisions of the chapter to liability to the same
extent as a first-time violator.
Any requirement, mandate, prohibition or time limitation imposed
by this chapter or any regulation, standard or order generated hereunder
may be waived or modified, in the discretion of the Town Board, by
order of the Town Board.
