[HISTORY: Adopted by the Town Board of the Town of Elma 3-7-1984. Amendments noted where applicable.]
The Town Board of the Town of Elma pursuant to the provisions of § 130, Subdivision 15, of the Town Law and to promote the public health, safety and general welfare of its citizenry does enact the following, to be designated Chapter 59 of the Elma Code, to be known as and referred to as the "Collision Shop Ordinance."
The Town Board, before enacting this chapter, has investigated into the locations, facilities, practices and numbers of collision shops within the Town of Elma, including inspections by the Building Inspector and complaints by the citizenry.
As used in this chapter, the following words shall have the meanings indicated:
- MOTOR VEHICLE BODY REPAIR SHOP
- Any establishment, building or part thereof or other place where there is carried on the business of repairing, painting, replacing and substituting parts of automobile bodies.
All motor vehicle body repair activity must secure a permit as provided herein and must be conducted in a structure providing adequate safety for employees working on vehicles, including, but not limited to, the following:
There must be adequate ventilating equipment and painting must be done in accordance with the requirements of New York State labor regulations with respect to mechanical ventilating equipment, breathing equipment and the like.
Walls must have a two-hour fire-rating capacity, as defined in the State Construction Code.
Fire doors must be provided between the various interior sections or areas.
Surface areas, interior and exterior, must be hard-surfaced with either concrete, asphalt or the like.
There must be adequate and sufficient exit doors in the exterior walls.
Fencing requirements of the Elma Code must be complied with. All outdoor storage will be screen-fenced. The Town Board may require fencing for a particular location due to unusual conditions.
Any structure and premises used as a motor vehicle body repair shop must comply with the Environmental Conservation Act and the Erie County Sanitary Code and any regulations issued thereunder.
No portion of a building licensed for use as an automobile body repair shop may be used as a residence or as an office facility, except as an office in connection with the said repair shop.
Each motor vehicle body repair shop must have proper and adequate tools and equipment. Any acetylene cutting and welding equipment and spray booths must be constructed and maintained in compliance with the Fire Code. Electrical wiring must be approved by the Fire Code Enforcement Officer or by a representative of Underwriters Laboratories. All repair work shall be done indoors.
Notwithstanding any other provision of the Elma Code, no structure or building used for a collision shop shall be located within 100 feet of a residential zone as measured from side lot line.
All such shops must be duly registered as repair shops by the Commission of Motor Vehicles.
Applications for permits to operate a motor vehicle body repair shop shall be made on a form prepared by the Building Inspector. Such applications shall be filed with the Town Clerk, who shall refer them to the Building Inspector for processing.
The Building Inspector shall submit said application to the Town Board, together with his recommendation for approval or disapproval. In the event of disapproval, he shall state reasons therefor. The Town Board shall approve or disapprove said application, giving the reasons for its action.
All applicants must pay a fee, to be fixed from time to time by resolution of the Town Board, when filing the application with the Town Clerk.
The Building Inspector shall enforce the provisions of this chapter. Any violation hereof shall be subject to a fine of $250 and imprisonment for not more than 15 days, or both. A violation shall consist of a failure or refusal to comply with the requirements of §§ 59-3, 59-4, 59-5, 59-6 and 59-9 of this chapter.
In addition thereto, the Town Board may revoke any such permit for persistent or extreme violations by giving 10 days' written notice of such revocation. A permittee may request a hearing on such revocation and shall be entitled to counsel at such hearing and to present evidence and witnesses and to cross-examine witnesses thereat.
All collision shops in existence or operation at the time of the adoption of this chapter must cease operating at the expiration of three years from the date of such adoption or comply with the provisions hereof within said three-year period.
Nothing in this section shall limit the Town of Elma from proceeding with a civil action or injunction against such permittee.