[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Placid 12-7-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
It is hereby found and declared that a clean, wholesome, attractive
environment is of importance to the health and safety of the inhabitants
of the Village of Lake Placid 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 Village and the general welfare of its citizens.
It is further declared that the unrestrained accumulation of junked
motor vehicles is a hazard to such health, safety and welfare of citizens
of the Village necessitating the regulation and 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 article.
As used in this article, the following terms shall have the
meanings indicated:
Any place of storage or deposit, whether in connection with
another business or not, where one or more unregistered, old, or second
hand motor vehicles, no longer intended or in condition for legal
use on the public highways, are held, whether 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 or storage or
deposit for any such purposes 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
or storage or deposit for any such purposes of used parts or waste
materials from motor 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 re-melting
purposes only.
All vehicles propelled or drawn by power other than muscular
power, including, but not limited to, motorcycles, limited-use vehicles
and snowmobiles.
As used in this article, shall mean the Village of Lake Placid,
New York.
No person shall operate, establish or maintain a junkyard until
he or she 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 Village Board of Trustees
of the Municipality. The application shall contain a description of
the land to be included within the junkyard and shall be accompanied
by a certificate from the Code Enforcement Officer of the Village
of Lake Placid certifying that the proposed location is not in a district
prohibiting such use or otherwise contrary to the provisions of the
Village of Lake Placid Zoning Ordinance.
A hearing on the application shall be held within the Municipality
not less than two nor more than four weeks from the date of the receipt
of the application by the legislative body. 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 Municipality, which publication shall
be at least seven days before the date of the hearing.
At the time and place set for the 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 or 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 within the purposes of this article.
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 unhealthy odors or smoke, or
of other reasons.
At the hearing regarding location of the junkyard, the Village
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 Village Board
may consider collectively the type of road servicing the junkyard
or from which the junkyard may be seen, the natural or artificial
barriers protecting the junkyard from view, the proximity of the proposed
junkyard to established residential land recreational areas or main
access routes thereto, as well as the reasonable availability of other
suitable sites for the junkyard.
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 April 1st. 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 article 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 Village Board may be reviewed under Article 78 of the Civil Practice
Law and Rules.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The annual license fee shall be as set from time to time by
resolution of the Board of Trustees, 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.
The Village, 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.
Before use, any new junkyard shall be completely surrounded
with a fence at least eight feet in height which substantially screens
the premises 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 from 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.
Notwithstanding any of the foregoing provisions of this article,
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.
A.
Violators of any portion of Article I of this chapter shall be guilty of an offense punishable by a fine not exceeding $250, 15 days’ imprisonment, or both. The continuation of an offense against the provisions of Article I of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Conviction for any above mentioned violations shall constitute and
effect an immediate forfeiture of the license.
As used in this article, the following terms shall have the
meanings indicated:
Any motor vehicle, as defined in the Vehicle and Traffic Law
of the State of New York, that is:
[Amended 10-21-1991 by L.L. No. 6-1991]
Unlicensed, old, wrecked, stored, discarded, dismantled or partly
dismantled or which is not in any condition for lawful operation upon
the public highway.
Being held or used for the purposes of resale of used parts
therefrom or for the purpose of reclaiming for use some or all of
the materials therein for the purpose of disposing of the same.
With respect to any motor vehicle not required to be licensed
or not usually used on public highways, the fact that such motor vehicle
has remained unused for more than six months and is not in condition
to be removed under its own power shall be presumptive evidence that
such motor vehicle is an "abandoned, junked or inoperative motor vehicle."
The fact that a motor vehicle may be licensed or registered
with the State of New York but does not display a current license
plate shall be presumptive evidence that such motor vehicle is unlicensed.
The use of the term in the singular herein is intended, where
applicable, to include the plural.
The Chief of Police or any subordinate officer of the Village
of Lake Placid Police Department.
Any person, firm, partnership or corporation, whether business
or membership or religious, charitable or otherwise, or any purchaser,
tenant, lessee, occupant, undertenant, receiver or assignee of private
premises or private property or any other unit or entity owning real
property in the Village of Lake Placid.
A.
Nothing in this chapter shall be construed to prohibit the parking
of any unregistered or unlicensed motor vehicle, motorcycle or snowmobile
inside a private garage.
B.
Nothing in chapter shall be construed to prohibit the parking of
any unregistered or unlicensed motor vehicle, motorcycle, limited
use vehicle, limited use motorcycle or snowmobile by a duly licensed
and authorized dealer in new and used vehicles upon the premises from
which the business is operated.
C.
Nothing in this chapter shall be construed to prohibit the parking
of unregistered or unlicensed historical cars or motor vehicles for
which the owner has received a permit from the Village Board of Trustees.
The form of the permit application and the conditions for issuance
of the permit shall be as prescribed by the Village Board of Trustees.
An historical car or motor vehicle shall be any such vehicle manufactured
more than 25 years prior to the current calendar year.
[Amended 10-21-1991 by L.L. No. 6-1991]
D.
Nothing in this chapter shall be construed to prohibit the parking
of unregistered or unlicensed motor vehicles presently being used
in competitive motor vehicle events conducted upon private racetracks
or courses.
It shall be unlawful for any person within the Village of Lake
Placid to store or deposit or cause, suffer or permit to be stored
or deposited an abandoned, junked or inoperative motor vehicle or
part or piece thereof on any private property within the Village,
except within a garage or other enclosed structure.
[Amended 2-24-1992 by L.L. No. 1-1992; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any abandoned, junked or inoperative motor vehicle may be removed from the premises on which it is located by the Village of Lake Placid in the manner hereinafter provided in the event no license for the premises has been duly issued as provided by Article I of this chapter, or in the event an issued license has been duly revoked.
B.
The duly appointed enforcement officer, upon detecting an abandoned,
junked or inoperative motor vehicle, shall serve written notice on
the person owning the premises on which the same is located, ordering
such person to remove the same or cause the same to be removed therefrom
within five days of the date of such service. Such notice shall also
contain a description of the premises, a statement as to the location
thereon of an abandoned, junked or inoperative motor vehicle, reference
to this chapter and to the fact that the location of such abandoned,
junked or inoperative motor vehicle on such premises is in violation
of this chapter. If such premises are owned by more than one person,
personal service on any one of such owners shall suffice. However,
as to any owner not personally served with such notice, or if no owner
can be located upon whom to make personal service, the enforcement
officer shall mail such notice to owners not personally served, or
to the owner and to all the owners, if no owner was personally served,
by registered mail, to their or his last known address as shown on
the latest completed assessment roll of the Village. In addition,
such enforcement officer shall post conspicuously a copy of such notice
on the premises upon which such abandoned, junked or inoperative motor
vehicle is located.
C.
At the expiration of five days after the service or mailing and posting
of such notice, if such abandoned, junked or inoperative motor vehicle
has not been removed, then the person or persons owning said premises
shall be guilty of violating this chapter.
D.
The Village Board may contract for the removal of such abandoned,
junked or inoperative motor vehicle if it is not removed within said
five-day period. Any expenses to the Village in accomplishing such
removal may be assessed by the Village Board on the real property
from which such abandoned, junked or inoperative motor vehicle was
removed, and the expense so assessed shall constitute a lien and charge
on the real property on which it is levied until paid or otherwise
satisfied or discharged as other Village charges.
[Amended 2-21-2006 by L.L. No. 1-2006; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this article shall
be punished, upon conviction, by a fine not exceeding $250, 15 days'
imprisonment, or both, for each violation. Each day that a violation
of a failure to comply with any provision of this article or any regulation
promulgated hereunder by the Board of Trustees occurs shall constitute
a separate and distinct violation.
