[HISTORY: Adopted by the Town Board of the Town of Frankfort 7-10-1984 by L.L. No.
3-1984. Section 49-8B amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 88.
Whereas, in the Town of Frankfort, damaged, worn out, scrapped
or discarded materials or objects such as, inter alia, automobiles,
building materials, machinery, metal, wastepaper, rags, glassware
and tinware are or in the future may be stored in a dangerous, unsightly
or unsanitary manner in yards or other places within the town; and
whereas, the places in which damaged, worn out, scrapped or discarded
materials or objects are stored or in the future may be stored outdoors
tend to become overgrown with weeds, littered with rubbish and debris,
infested with rats, mice, insects, reptiles and other vermin and contribute
to the deterioration of the neighborhood; and whereas, such conditions
tend to attract children and endanger their lives and health; spread
disease; invite plundering; attract vagrants; create fire hazards
and other safety and health hazards; create, extend and aggravate
human blight; interfere with the enjoyment of and reduce the value
of private property; and interfere with the comfort and well-being
of the public; and whereas, thieves and receivers of stolen property
frequently attempt to dispose of stolen property by representing it
to be legitimately acquired junk; and whereas, adequate protection
of the public health, safety and welfare require that the business
of handling and dealing in junk be regulated and controlled, now,
therefore, it shall be ordained by the Town Board of the Town of Frankfort
as follows.
Except where otherwise indicated by law, the following definitions
shall apply in the interpretation and enforcement of this chapter:
The area of a junkyard as described in a junk dealer's
license or application for license, as provided in this chapter.
The Codes Enforcement Officer or such other person designated
by the Town Board to enforce the provisions of this chapter.
The following shall be exempt from the provisions of this
chapter:
Antique, historical or classical motor vehicles or any motor
vehicle having an unique status giving it a special value because
of its uniqueness. Any such vehicle in such state of disrepair as
to be considered junk, as herein defined, shall have a period of two
months to show that substantial progress is being made in restoring
such vehicles. The period of two months shall commence upon the date
the notice is given to remove said vehicle from the property where
it is situated.
Motor vehicles not designed to be operated upon public highways,
including, but not intended to be exclusive, dirt bikes, racing cars,
dune buggies, snowmobiles, etc., during seasoned use only and which
are in good operating condition.
Any vehicle being stored on premises owned by a resident or
owner of such premises, in good operating condition, but temporarily
out of use for a period not to exceed six months.
Travel trailers, boat trailers, utility trailers, snowmobile
trailers in good operating condition or like vehicles or machines.
A person or business entity who buys, sells, collects or
delivers junk within the town as a business, but who does not operate
a junkyard within the town.
Any old, discarded and unusable objects of any kind, of insignificant
value, such as vehicles, building materials, machinery appliances,
furniture, equipment, etc., whether made of metal, fiber or plastics
or any other material; old cordage, ropes, rags, fibers or fabrics;
old rubber, old bottles or other waste or discarded materials; or
materials dangerous to health, regardless of their kind, form, shape
or nature. Vehicles shall be defined as a "motor vehicle" as defined
under the Vehicle and Traffic Law of the State of New York or any
machine designed to be propelled by a means other than muscular power.
Any such old or secondhand vehicle shall be considered as "junk,"
if it is unregistered and uninspected and no longer intended or in
condition for legal use on the public highways or if the cost to repair
said vehicle to enable it to pass the New York State inspection laws
for motor vehicles shall exceed the value of the vehicle.
A person who operates a junkyard, buying or selling, dismantling,
processing or dealing in any manner commercially with junk within
the town.
A yard, lot or place or any place of storage or deposit outdoors,
within the Town of Frankfort, where junk, as defined above, is kept
or stored.
Any individual, firm, partnership, association, corporation,
company, organization or any business entity permitted to do business
pursuant to the laws of this state or authorized to do business within
the State of New York.
The Town of Frankfort, New York.
A.
No person shall engage in or conduct, whether for profit or otherwise,
on real property within the Town of Frankfort, indoors or outdoors,
either for himself or for and or on behalf of any other person, directly
or indirectly, as agent, employee or otherwise, at wholesale or retail,
any operation which involves the collection, storage, burning, dumping,
disassembling, dismantling, salvaging, sorting or otherwise processing,
handling or arranging for sale, resale, storage, disposal or otherwise
of said junk, without first obtaining a license therefore as hereinafter
provided.
B.
The presence of one or more unlicensed or inoperative motor vehicles, or the equivalent thereof or the shell or body thereof, which are defined as junk, as set forth in § 49-2 herein, for a period of more than 30 days on the premises of any resident of this town shall be considered a junkyard, as herein defined in § 49-2.
C.
The Codes Enforcement Officer shall give the owner of any real property
in the Town of Frankfort notice of the existence of any junkyard,
as herein defined, and such owner shall have 10 days from the date
of mailing of such notice within which to either abate or remove such
junk from his premises, unless he possesses a license to operate a
junkyard.
D.
It shall be unlawful for any person to collect, store, burn, dump,
process, disassemble, dismantle, salvage, sort or otherwise handle
or arrange, outdoors, for sale, resale, storage, disposal or otherwise,
or deal in any manner with junk as provided in this section, whether
as a junk dealer or otherwise, in the Town of Frankfort without first
having obtained a license therefor from the Town Clerk of the Town
of Frankfort, in accordance with the provisions of this chapter. A
separate license shall be required for each junkyard, whether owned
by one individual, business entity or otherwise.
E.
It shall be unlawful for any person to act as an itinerant junk dealer
in the Town of Frankfort without first having obtained a license therefor
from the Town Clerk, in accordance with the provisions of this chapter.
F.
The Town Clerk shall not issue any such license for the operation
of such junkyard until the Codes Enforcement Officer and Town Board
certifies that the location and conduct of such junkyard complies
with the Zoning Ordinance of the Town of Frankfort, with all the laws,
ordinances, statutes, regulations of the Town of Frankfort, County
of Herkimer and State of New York and until the Codes Enforcement
Officer certifies that such junkyard meets the aesthetic qualifications
set forth in this chapter and the Zoning Ordinance[1] and any other laws, rules and regulations which the Town
of Frankfort now has or may in the future adopt and that such junkyard
is being operated in a manner not offensive to the neighborhood where
the same is located.
G.
Nothing herein shall prevent any resident of this town from conducting
a garage sale upon the premises owned by the seller, provided that
such sale shall be conducted continuously for a period of more than
three days and does not conflict with any laws or statutes, whether
local, state, federal or otherwise. Any items on display for such
garage sale which are not sold after two days after sale must be removed
from the site of the sale and placed indoors for storage. Such sale
shall include any sale of personal property not covered or defined
under the Zoning Ordinance of the town and shall include lawn, garage,
porch sales, etc., regardless of the description of such sale. Such
sales shall be limited to three per calendar year.
The Codes Enforcement Officer shall have the power to enforce
the provisions of this chapter and, for that purpose, shall have the
right and is hereby empowered to enter upon any premises upon which
any junk is stored or business of a junkyard is conducted or upon
which he has reasonable cause to believe such a junkyard is operating,
in the town, or upon which the Codes Enforcement Officer has reasonable
cause to believe a junkyard is about to be located, and inspect the
same at any reasonable time. The Codes Enforcement Officer is further
empowered to revoke any license provided for, in accordance with the
provisions of this chapter, if he feels such junkyard is being operated
in violation of this chapter. Before revoking such license, however,
he must give the owner thereof 10 days' written notice from the
date of mailing to correct the same or satisfy the Codes Enforcement
Officer that the owner is making a reasonable effort to correct the
same. Before such license may be revoked, the owner of the junkyard
and licensee shall be entitled to a hearing before a hearing panel
appointed by the Supervisor to determine whether such a violation
necessitating the revocation of the license has been committed by
the owner thereof. The owner shall be notified of the time and place
of the hearing, which said hearing shall take place not later than
30 days after issuance of the notice. The penalties and powers to
enforce this chapter shall be subject to review by the Town Board
of the Town of Frankfort, and such Board may veto such revocation
or any other action of the Codes Enforcement Officer.
A.
Each applicant for a license hereunder shall execute, under oath,
an application therefor, to be supplied to him by the Town Clerk,
which shall contain the following information:
(1)
That the applicant is over 21 years of age.
(2)
That he is a citizen of the United States.
(3)
Whether he has ever been convicted of a felony or misdemeanor and
such other facts of evidence as are deemed necessary to establish
that he is a person fit and capable of properly conducting the activity
or business for which the license is sought.
(4)
A description of the exact type of activity or business he intends
to conduct.
(5)
The nature of the materials he intends to handle.
(6)
The number of employees he intends to engage.
(7)
The name and address of the owner or owners of the land and the nature
of the right of occupancy of the applicant to the use of such land.
B.
At the time of making the application, the applicant shall submit
to and file with the Town Clerk a map or plan of the real property
upon which he intends to conduct the activity or business for which
he is making application for a license hereunder, with the area of
such real property which is proposed for use for such purpose; the
location of the fence or enclosure required hereunder indicated thereon,
as well as the location of any buildings on such land; the location
of any streets or highways abutting or passing through such lands;
the location of any water, sewer or gas mains or laterals available
thereto, as well as the general drainage pattern of such land; and
such other general information as the Town Board may from time to
time require.
C.
In the application the applicant shall agree that, if granted the
license applied for, he will conduct the activity or business pursuant
to the regulations hereinafter set forth, and that upon his failure
to do so, such license may be revoked forthwith.
D.
Application for the license required by this chapter shall be made
to the Town Clerk of the Town of Frankfort upon such forms as are
promulgated by the Town Clerk and furnished to the applicant. Upon
receipt of an application, the Town Clerk shall forward said application
to the Codes Enforcer for his certification that the proposed location
for said junkyard meets the requirements of the town's Zoning
Ordinance[1] and the laws of the State of New York. The Codes Enforcement
Officer shall certify that the proposed junkyard meets the aesthetic
requirements of this chapter and is in fact not offensive to the neighborhood
where located. The Codes Enforcer shall make return of the application
to the Town Clerk within 15 days from the date of receipt of the application.
Upon receipt by the Town Clerk of the application, certified by the
Codes Enforcement Officer that the proposed junkyard meets the aesthetic
requirements of this section and is not offensive to the neighborhood,
the Town Clerk shall forward said application to the Town Board for
their approval. In considering such application, the Town Board 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 or convictions
for any type of larceny or receiving of stolen goods and to any other
matter within the purposes of this chapter.
E.
Itinerant junk dealers shall make the same application for licensing to deal in junk in the Town of Frankfort as set forth in Subsection A of this section. Any new license issued on or after May 1 of that year shall continue in force to June 30 of the following year, and the fee for the remainder of the year in which such license is issued shall be prorated for that year.
[Amended 2-24-2004 by L.L. No. 1-2004]
F.
Such license shall be effective from the date of its issuance until
the 30th day of June of the year of such issuance. A new application
for a license must be made yearly if the licensee continues in business.
The fee for such license for the operation of a junkyard for less
than one year shall be prorated. Such license is personal with the
licensee and does not go with the title of the land, nor may it be
sold, signed, transferred or disposed of without the permission of
the Town Board of Town of Frankfort. Applications for renewal may
be made within 60 days from the date of the expiration of the license,
and such renewal shall not be reasonably withheld, unless for good
cause shown.
[Amended 2-24-2004 by L.L. No. 1-2004]
G.
Such license shall be placed and at all times displayed in a conspicuous
place at the licensee's place of activity or business.
H.
The annual fee for such license is hereby fixed in the sum of $100.
I.
After receipt of the application from the Town Clerk, the Town Board
shall approve or disapprove said application during the first regularly
scheduled Board meeting after its receipt, except that no application
shall be approved, except in an area zoned commercial according to
the Zoning Ordinance and Zoning Map of the Town of Frankfort. The
Town Clerk shall then give notice to the applicant by prepaid postage
of the approval or disapproval of said application. The disapproval
of any application by the Town Board shall be reviewed by the Zoning
Board of Appeals if the applicant so requests in writing to the Town
Board with 30 days after said disapproval. The Zoning Board of Appeals
may order a public hearing on said application if it deems one advisable.
The Zoning Board of Appeals may approve the application over the disapproval
of the Town Board by a vote of 2/3 of the total number of the members
of the Zoning Board of Appeals. If the Zoning Board of Appeals disapproves
said application, said applicant may then proceed under Article 78
of the Civil Practice Law and Rules.
J.
Approval of such application for a junkyard shall take into account
proof of legal ownership or right to use such property by the applicant;
the nature and development of surrounding property, such as proximity
of schools, churches, hospitals, public buildings or other places
of public gathering; whether or not the proposed location can be reasonably
protected from affecting the public health, safety and welfare by
reason of offensive or unhealthy odors, smoke, noxious substances
or other causes; and aesthetic considerations, such as whether the
proposed junkyard is offensive to the neighborhood, considering the
type of neighborhood, the homes contained therein, business, the type
of natural or artificial barriers protecting the junkyard from view,
the proximity of the proposed junkyard to established residential
areas or main access routes thereto, the reasonable availability of
other suitable sites for the junkyard and any other aesthetic considerations
which may deem the junkyard unsuitable in view of the character of
the surrounding area.
K.
No junkyard hereafter established shall be licensed to operate if
such yard or any part thereof is located within 500 feet of a church,
school, hospital, public building or place of public assembly.
[Added 4-14-1987 by L.L. No. 3-1987]
Those businesses requiring application to the State of New York
for a dismantler's license or registration, as set forth in the
Vehicle and Traffic Law of the State of New York, shall apply and
obtain such license or registration within 60 days of the granting
of a license of operation from the Town of Frankfort. In the event
that such license or registration is not obtained within the time
limit prescribed, the applicant shall be subject to the penalties
for violation of this chapter.
A.
Before use, a junkyard shall be completely surrounded with a fence
at least eight feet in height, which shall be of one of the following
materials: closed chain link, galvanized sheeting, wooden stockade
type or natural barrier, which substantially screens same from surrounding
areas, 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 soundly erected
and properly maintained, and no junk shall be stored against it. No
such fence shall be erected at a distance less than 25 feet from the
curbing or edge of the pavement of any street.
B.
The junkyard, together with things kept therein, shall at all times
be maintained in a sanitary condition.
C.
No space not covered by the license shall be used in the licensed
business.
D.
No water shall be allowed to stand in any place on the premises in
such manner as to afford a breeding place for mosquitoes.
E.
Weeds and vegetation on the premises, other than trees, shall be
kept at a height of not more than four inches.
F.
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.
G.
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.
H.
Inside, adjacent to and contiguous with such fence or enclosure,
a strip of land at least 10 feet in width shall be kept free of all
dry grass, other growth or other combustible material, so as to provide
a fire lane or line around the whole area where the activity or business
of the license is being conducted.
I.
The autos, parts and materials dealt in by the license shall be disassembled
or dismantled by means other than burning. They shall be piled or
arranged in neat rows so as to permit easy, clear passage through
the area.
J.
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.
K.
Gasoline and oil shall be removed from any scrapped engines or vehicles
on the premises.
L.
No junk or other material shall be burned on the premises in any
incinerator not meeting the requirements of federal, state or city
laws, statutes and codes, and no junk or other material shall be burned
on the premises in the open except in accordance with the instructions
of and under the supervision of the Fire Chief of the appropriate
Fire District.
M.
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.
N.
The State Police, the Enforcement Officer, the Supervisor or the
Town Board or any of its representatives shall be granted access to
the area of the activity of the business of the licensee at all reasonable
hours to inspect the same for compliance herewith. The Enforcement
Officer shall have all the necessary authority to enforce this chapter.
For the purposes of this chapter, the location of junkyards
already established shall be considered approved, provided that such
junkyards comply with the fencing, aesthetic provisions and requirements
for operation and that they pay the license fee fixed in this chapter
commencing with the year January 1, 1985. Such established junkyards
shall have 60 days from the date of mailing of notice to them to comply
with such provisions of this chapter, which time may be extended with
Town Board approval.
A.
The owner of the premises upon which junk, as defined in this chapter,
is stored outdoors, a junkyard operator or any person, as defined
in this chapter, who commits or permits any acts in violation of any
of the provisions of this chapter or who fails to comply with the
provisions thereof shall be deemed to have committed an offense and
a violation of this chapter and shall be liable for any such violation
and the penalty therefor. Each week that such violation shall continue
or shall be permitted to exist shall constitute a separate violation.
B.
C.
In addition to the above penalties, the Town of Frankfort may also
maintain an action or proceeding in the name of the town, in any court
of competent jurisdiction, to compel compliance with this chapter
or to restrain by injunction the violation of this chapter or to compel
the removal of the same from the premises upon which such junk or
junkyard is situate.
D.
Any abandoned motor vehicle found on public or private property and
left there after 72 hours' notice to the owner may be removed
and disposed of by the Town of Frankfort pursuant to the appropriate
provisions of the Vehicle and Traffic Law of the State of New York,
or any additions, amendments or substitutions thereto. If notice can
not be personally served upon the owner, a notice shall be deemed
sufficient if mailed to his last known address by depositing the same
in a post office box maintained by the United States government and
addressed to said last known residence of the owner. Notice shall
be deemed complete 96 hours after the same shall have been so deposited
in said post office box.
E.
The Enforcement Officer may grant an extension of time to comply
with the requirements of this chapter or waive any of the provisions
thereof for good cause shown, subject to the approval of the Town
Board.
No officer, agent or employee of the Town of Frankfort shall
render himself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his duties under this chapter.
