Village of Warsaw, NY
Wyoming County
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[HISTORY: Adopted by the Board of Trustees of the Village of Warsaw 12-6-1993 by L.L. No. 8-1993. Amendments noted where applicable.]
Garbage and refuse — See Ch. 90.
Abandoned vehicles — See Ch. 149.
Zoning — See Ch. 163.
The purpose of this chapter is to regulate, control and license those activities or businesses known as "automobile graveyards," junkyards, secondhand parts collection areas, the processing of used metals for resale and the dumping, storage and disposal of waste or used materials of whatever composition. Without regulation and control, such activities and businesses can constitute a hazard to persons and property and can create a public nuisance. Stored materials may be highly flammable or even explosive. Gasoline tanks on automobiles often contain gasoline in some quantity and engines and other parts of stored automobiles are frequently covered with grease and oil. Tires, plastic seats, tops and other parts of automobiles are also flammable. Batteries and other parts of automobiles can contain acids and other material potentially harmful to humans. Vehicles frequently contain sharp metal or glass edges or points from which people could receive serious cuts and abrasions, and can constitute attractive nuisances to children and adults. Even in commercial or industrial areas, the presence of such junkyards is unsightly and tends to detract from the value of the surrounding land and property unless such areas are properly maintained and operated.
As used in this chapter, the following definitions shall have the meanings indicated:
Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, scrapped, ruined, dismantled or wrecked motor vehicles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material, tires, lumber, pallets and other wood debris.
Outside 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 or sale of used parts therefrom or 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 and/or material defined as junk which, taken together, equal in volume 100 cubic feet; also any land or structure used for collection, storage, sale or disposal of junk, scrap metal or other discarded materials. Excluded from this definition are motor vehicles maintained and used on a seasonal basis (i.e., motorcycles and winter or summer cars).
Passenger automobile, truck, tractor-truck trailer, bus, motorcycle or other vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment.
An individual, association, partnership or corporation.
No person may engage in or conduct, individually or as an agent or employee, any activity or business which involves the collection, storage, burning, dumping, disassembly, dismantling, salvage or otherwise handling or arranging for sale or resale of bodies, engines or parts of motor vehicles, or junk or any waste material, whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement or otherwise, without first obtaining a license therefor as hereinafter provided.
Junkyards may be located only in an Industrial (I) District of the Village of Warsaw and must be considered a special use in that district.
Each applicant for a license hereunder shall execute an application therefor on forms to be supplied by the Code Enforcement Officer.
The applicant must agree that if granted the license applied for, he or she will conduct the activity or business pursuant to the regulations hereinafter set forth, and that, upon failure to do so, the license may be revoked.
Hearings on the application will be held subject to the provisions detailed in Chapter 163, Zoning, of the Village of Warsaw Code, after which the license may be granted by the Village Board.
The Village Board may, by resolution, determine the fee for the license, which sum will include not only the cost of issuance of the license itself, but also the cost of making the necessary inspections of the premises to ascertain compliance as hereinafter prescribed.
Such license must be displayed in a conspicuous place at the licensee's place of activity or business for which the license is issued.
In order to ensure compliance with the provisions of this chapter, the licensee must provide the Village of Warsaw with a performance bond in an amount to be determined by the Village Board.
The license will be effective from the date of its issuance until the 31st day of December of the year of such issuance. Application must be made annually on forms provided by the Code Enforcement Officer.
The license is personal to the licensee and does not attach to the premises where the activity is conducted. The license must not be sold, assigned or transferred.
The license may be revoked by the Village Board after a public hearing thereon, at which hearing the licensee must have an opportunity to be heard. Should the license be revoked, the Village Board may require at the licensee's expense the removal of automobiles, parts and materials remaining on the site for which the license is granted.
The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.
The business area must be completely enclosed by a fence at least eight feet in height which substantially screens the business area. Said fence shall contain a suitable and substantial entrance gate, which gate shall be kept closed and locked except during the working hours of such junkyard or when the licensee or his agent shall be within. Such fence shall be erected not nearer than 50 feet from a public highway. However, where the topography or natural growth of timber or other considerations accomplish the purpose of this chapter in whole or in part, the fencing requirements hereunder may be reduced by the Village Board, provided that such natural barrier conforms to the purpose of this section.
All motor vehicles, parts or other materials stored or deposited by the licensee and all wrecking or other work on such motor vehicles or material stored must be kept within the enclosure of the junkyard, except as removal may be necessary for the transportation of the same in the reasonable course of business.
The burning of autos, parts and materials is strictly prohibited, unless with the express written permission of the Chief of the Warsaw Fire Department.
There must be maintained at each location for which a license is issued a sufficient number of fire extinguishers for fire protection as determined by the Fire Marshal or Code Enforcement Officer.
When neither the licensee nor any employees are upon the premises, the entrance gate shall be securely locked.
Suitable sanitary facilities must be available, connected to approved public sewers or septic tanks, for the use and convenience of the licensee as well as for the general public visiting the area.
The area of the licensee's activity or business must not be used as a dump area, nor as a place for the burning and disposal of junk or trash, except as hereinabove provided.
Such place of business may not be located within 500 feet of a church, school, hospital or other public building.
At least twice a year, the Code Enforcement Officer must be granted access to the area of activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith.