[Code 1971, § 16-57]
(a)
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants 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 City and the general welfare of
its citizens. By the adoption of this article, the City declares its
intent in so doing to regulate, control, and license the activities
or businesses known as auto junkyards and those establishments having
facilities for processing iron, steel, or nonferrous scrap. The Common
Council hereby declares that such activities or businesses can contribute
a hazard to property and persons and be a public nuisance. Gasoline
tanks on old autos often contain in some quantity combustible gasoline,
and the engine and other parts of such autos are frequently covered
with grease and oil which is also inflammable. The tires, plastic
seats, tops, and other elements of such autos are also inflammable.
Batteries and other elements of such autos can contain acids and other
matter potentially harmful to humans. These autos can constitute attractive
nuisances to children and some adults.
(b)
The presence of such auto junkyards and establishments for the processing
of iron, steel, or nonferrous scrap is unsightly and tends to detract
from the value of surrounding land and property, unless such areas
are properly maintained and operated. At the same time, it is recognized
that the maintenance of the auto junkyards and establishments for
the processing of iron, steel, or nonferrous scrap is a useful and
necessary business and ought to be encouraged when not in conflict
with the express purposes of this section.
(c)
No license will be issued for any junkyard located or to be located outside district I-industrial district. No junkyard may be operated or maintained hereinafter within the City excepting those junkyards located within district I-industrial district of the zoning ordinance of the City [chapter 28 of this Code].
[Code 1971, § 16-58]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Used or secondhand material or used material of any kind,
including rags, paper, rubbish, bottles, glassware, crockery, bags,
cloth, rubber, tin, steel, iron, brass, copper, silver, clothing,
furniture, used motor vehicles or the parts thereof; any repaired,
reconstructed, renewed, renovated, partly ruined or damaged materials,
merchandise, or personal property; and including secondhand materials
and articles of every kind and character. The holding or storing or
depositing of any of the materials described in this definition in
order that they may be treated or prepared so as to be used again
in some form shall be a violation of this article, unless the licensee
requirements stated in this article are complied with.
Any place of 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 of
used parts therefrom, or 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 such materials, 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 which,
taken together, equal in bulk two or more such vehicles. The term
"junkyard" shall also mean an establishment having facilities for
processing iron, steel, or nonferrous scrap, and whose principal products
are scrap, iron, steel, or nonferrous scrap for sale, resale, melting,
remelting, or other purposes.
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
[Code 1971, § 16-59]
The licensee under this article must personally manage or be
responsible for the management of the activity or business for which
the license is granted.
[Code 1971, § 16-60]
The licensee under this article 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.
[Code 1971, § 16-61]
(a)
All licensees under this article must erect an eight-foot high solid
board fence or its equivalent completely surrounding the property.
This fence must be painted, well maintained, and adequate to prohibit
the entrance of children and others into the area of the activity
or business and to contain within such fence the materials dealt in
by the licensee. All materials dealt in by the licensee shall be kept
within such fence at all times. The area outside the fence must be
kept in orderly condition. Weeds and trash shall not be allowed to
accumulate in the area.
(b)
All licensees located in zone I (heavy industrial districts) shall
construct and maintain such fence within their own property lines.
(c)
When the area is not supervised by the licensee or his employees,
the fence shall be locked at a gate in a secure manner.
[Code 1971, § 16-62]
The area of the licensee's activity or business shall not
be used as a dump area or as a place for the burning and disposal
of junk or trash.
[Code 1971, § 16-63]
(a)
Open fires of any type are prohibited within the licensed premises except as permitted under Subsection (b) of this section.
(b)
Processing of auto parts and materials by burning shall be permitted
only at such times and places within the licensed premises as the
Fire Chief may permit after personal inspection of the area. Application
to burn within the area under this paragraph must be made to the Fire
Chief, and may be made orally. Burning shall be allowed by the Chief
at a time and place set by him within his presence or the presence
of a person duly authorized by him, to observe the conditions of the
burning. The Fire Chief shall complete a record of all requests for
burning within each licensed area.
[Code 1971, § 16-64]
Adequate fire extinguishers shall be maintained. Each fire extinguisher
shall be hung or mounted in a conspicuous place, clearly marked and
available.
[Code 1971, § 16-65]
The City Police, the City Clerk, the Common Council, or any
of its representatives shall be granted access to the area of the
activity or business of the licensee under this article at all reasonable
hours to inspect the area for compliance with this article.
[Code 1971, § 16-72]
It shall be unlawful for any person to engage in or conduct
on real property within the City limits, either for himself and/or
on behalf of any other person, directly or indirectly, as agent, employee,
or otherwise, any activity or business, either for profit or otherwise,
at wholesale or retail, which involves the collection, storage, burning,
dumping, disassembling, dismantling, salvaging, sorting, or otherwise
handling for sale, resale, storage, or disposal of any materials without
first having procured a license from the City Clerk.
[Code 1971, § 16-73]
(a)
Every person desiring to obtain a license required by this division
shall file a written application, duly subscribed, describing the
character of the business in which the applicant desires to engage,
the kind of materials which he desires to deal in, and an accurate
description of the business to be conducted in such place within the
City, including a sketch of the premises.
(b)
The application for such license shall also state:
(1)
Whether or not the applicant is the owner and lessee of the
premises to be used;
(2)
Whether or not the applicant has ever been convicted of a misdemeanor
or felony, and the place and date of such conviction; and
(3)
A certificate from the zoning board that the proposed location
is not within an established district restricted against such uses
or otherwise contrary to the prohibitions of such zoning ordinance.
If the junkyard has been maintained and operated prior to April 11,
1967, and is being maintained and operated in violation of the zoning
ordinance of the City, a certificate that the proposed junkyard is
operating under a nonconforming use should accompany the application.
[Code 1971, § 16-74]
Before the application shall be approved and a license issued
under this division, the applicant shall file with the City Clerk
a bond payable to the City, approved as to form by the City Attorney,
in the penal sum of $500, with sufficient collateral security, conditioned
for the observance during the term of the license of any and all ordinances
which are now in force or may hereafter be adopted by the Common Council
respecting the collection of, buying, selling, or otherwise dealing
in the articles enumerated in this article.
[Code 1971, § 16-75]
All applications for licenses under this division for junkyards
or junk shops or any annual renewals thereof shall be made to the
City Clerk who shall, before any licenses are issued, cause an investigation
to be made of the applicant and an inspection to be made of the premises
involved.
[Code 1971, § 16-76]
(a)
If the City Clerk shall refuse a license under this division, he
shall promptly report such refusal together with the reasons therefor
to the Common Council. Not less than two nor more than four weeks
from the date of the transmission of the refusal to the Common Council
by the City Clerk, a public hearing on the application shall be held
at a time and place to be fixed by the Common Council within the above
stated four-week period. Notice of the public hearing shall be given
to the applicant by mail, postage prepaid to the address given in
the application, and shall be published once in the Olean Times Herald.
The date of publication shall be not less than seven days before the
date of the hearing.
(b)
At the time and place set forth for the hearing, the Common Council
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. The Common Council in considering the application may
consider the suitability of the applicant with reference to his ability
to comply with the fencing requirements or other reasonable regulations
concerning the junkyard, as well as the applicant's record of
convictions for any type of larceny or receiving stolen goods.
(c)
At the time and place of the hearing, the Common Council shall hear
all persons wishing to be heard on the application for certificate
of approval for the location of the junkyard. The Council may take
into account the nature and development of the surrounding property,
and whether or not the proposed location can be reasonably protected
from affecting the health and safety by reason of offensive or unhealthy
odors, smoke, or other causes. The Council may also take into account
the clean, wholesome, and attractive environment which the legislature
has declared to be of vital importance to the continued general welfare
of the citizens of the state and may consider whether or not the proposed
location can be reasonably protected from an unfavorable effect thereof.
The Common Council may consider the type of road surfacing the junkyard
has, the natural or artificial barriers protecting the junkyard from
view, the proximity of the proposed yard or the existing yard to established
residential and recreational areas, as well as the reasonable availability
of other suitable sites for the junkyard.
(d)
The Common Council may refuse a license under this division, if after
a public hearing as set forth in this section, it appears either that:
(1)
The applicant has been convicted of larceny or knowingly receiving
stolen goods; or
(2)
That the general health, safety, and welfare of the community
would be adversely affected. In considering this subsection, the Council
may take into consideration the aesthetic considerations set forth
in this division.
[Code 1971, § 16-77]
Within two weeks following the public hearing under this division,
the Common Council must make a finding as to whether or not the application
will be granted, give notice of its 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 1.
Approval shall be personal to the applicant and not assignable. The
determination of the Common Council may be reviewed under Civil Practice
Law and Rules art. 78 [§ 7801 et seq.].
[Code 1971, § 16-78]
The fee for the license under this division shall be paid to
the City Clerk for the deposit in the general fund at the time of
issuance. The fee shall be in an amount now or hereafter established
by ordinance and covers not only the cost of issuing the license itself
but also the cost of making the necessary inspections of the premises
to ascertain compliance with the regulations prescribed in this division.
[Code 1971, § 16-79]
A license issued under this division shall be effective from
the date of its issuance until March 31 of the year of such issuance,
after which a new application for a license must be made yearly if
the licensee desires to continue such activity or business.
[Code 1971, § 16-80]
A license issued under this division is personal with the licensee
and does not go with the title of the land, nor may it be sold, assigned,
or transferred.
[Code 1971, § 16-81]
It shall be unlawful for any person to keep or maintain more
than one junkyard at a single location by virtue of one license issued
under this division.
[Code 1971, § 16-82]
The Common Council may revoke any license issued under this
division if it shall be determined under a public hearing held thereon
that the licensee has for any reason violated any provisions of this
article. Upon revocation of a license, the Common Council may require
the removal of all salvage and waste materials from the site.
