[HISTORY: Adopted by the Town Board of the Town of Riverhead 5-5-1970 by Ord. No.
9 (Ch. 71 of the 1976 Code). Amendments noted where
applicable.]
By the adoption of this chapter, the Town Board of the Town
of Riverhead declares its intent in so doing to be to regulate, control
and license the activities or businesses known as auto graveyards,
junk cars, secondhand collection areas, the processing of used metals
for resale and of materials of whatever composition. Said Town Board
hereby declares that such activities or businesses can constitute
a hazard to property and persons and a public nuisance. Such materials
may be highly flammable and sometimes explosive: gasoline tanks on
old autos often contain in some quantity combustible gasoline; the
grease and oil is also flammable. Batteries and other elements of
such autos can contain acids and other matter potentially harmful
to humans. These autos frequently contain sharp metal or glass edges
or points upon which a human could receive serious cuts and abrasions.
These autos can constitute attractive nuisances to children and certain
adults. The presence of such junkyards even in areas zoned for business
or industry can be unsightly and tend 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 terms shall have the
meanings indicated:
Includes every vehicle or part or section of a vehicle manufactured,
made, altered or designed to be operated by any power other than muscular
power, whether in running condition or not or without a motor, that
is not properly and currently registered as a motor vehicle or does
not display a proper and current registration plate.
Includes any premises or real property or part thereof upon
which there shall be kept, stored or parked three or more junk motor
vehicles, whether for sale or not or otherwise.
Includes an individual, society, club, firm, partnership,
private corporation, officers of said corporation or an association
of persons; the singular number shall include the plural number.
No person shall own, lease, rent, use, control or be in possession
of any premises upon which there is carried on the activity or business,
either for profit or otherwise, or incidental to another business
which accumulates junk or junk vehicles, at wholesale or retail, which
involves the collection, storage, burning, dumping, disassembling,
dismantling, salvaging, sorting or otherwise handling or arranging
for sale, resale, storage or disposal or otherwise of secondhand auto
wrecks, bodies, engines or parts of such autos, or of any other secondhand
or used property of whatever material it is composed or any waste
material, whether composed of wood, paper, cloth, cardboard, plastic,
metals, stone, cement or otherwise, without obtaining a license therefor
as hereinafter provided.
To be eligible for such a license, the premises upon which the
business is to be conducted or upon which junk is stored shall:
A.
Be so graded and maintained that no surface waters will collect upon
them.
B.
Be so maintained as to be kept reasonably free of rodents and any
other disease-carrying animal.
C.
Be either completely within an enclosed building or enclosed with
a board fence at least six feet high on all sides and so constructed
as to reasonably obstruct the ingress and egress of children and small
animals. The entrances to such premises, unless in an enclosed building,
shall be closed by gates or doors of the same construction as the
fence enclosing the premises, which gates or doors shall be kept closed
except when actually in use.
[Amended 5-4-1976 by Ord. No. 9[1]]
In the issuance of the junk dealer's license, the provisions
of General Municipal Law § 136 shall be adhered to. The
Town Clerk is the person authorized to issue the license herein. Every
junk dealer's license shall expire on June 30 of each year.
A license may be refused or revoked if the applicant or holder
shall have been or is convicted of a misdemeanor or felony which,
in the judgment of the Town Clerk, renders the applicant or holder
unfit or undesirable to carry on the business of a junk dealer.
Prior to the issuance of a junk dealer's license, the applicant
must furnish the Town Clerk with the names and addresses of the owners
of record of property adjoining the premises to be used as a junkyard.
The Town Clerk shall cause to be mailed to the adjoining owners notice
that the applicant has applied for a junk dealer's license, and a
return date, not less than 10 days from the date of mailing said notice,
shall be fixed for such adjoining owners to show cause why such a
license shall not be issued.
The applicant must submit to the Town Clerk an application in
affidavit form, and the application must include the following information:
A.
The location of all premises where junk is to be stored, permanently
or temporarily. If additional premises are to be used for junk storage
and such premises were not included in the previous application, the
applicant must file a supplementary application, including therein
all of the information in the original application and in the same
form and subject to the same conditions as the original application.
If such supplementary application is duly approved, a supplementary
license will be issued without further cost.
B.
Whether the applicant has been convicted of a felony or a misdemeanor
and, if so, full details as to the nature of the crime, the court
in which the conviction was obtained and the sentence imposed.
The Supervisor of the Town or such person as the Town Board
may designate shall be permitted reasonable access to premises upon
which buying, selling, handling or dealing in junk is conducted, for
the purpose of ascertaining whether the provisions of this chapter
are being observed.
The license fee for junk dealers shall be in the amount of $25
annually, together with costs related to public hearing and posting
of notice.
Any violation of the provisions of this chapter may be grounds
for revocation of the license.
Any person found guilty of engaging in the business of junk
dealer without a license, or who owns or operates premises in violation
of any section of this chapter, shall be deemed to have committed
an offense against this chapter and shall be liable for any such violation
or penalty therefor. Each day such violation shall continue or be
permitted to exist shall constitute a separate violation.
A.
For every violation of any provision of this chapter, the person
violating the same shall be subject to a fine of not more than $100
or imprisonment not exceeding 15 days, or to both such fine and imprisonment.
B.
Conviction for any above-mentioned violation shall constitute and
effect an immediate forfeiture of the license.
C.
Any person violating the chapter shall be subject to a civil penalty
enforceable and collectible by the Town in the amount of $100 for
each such offense. Such penalty shall be collectible by and in the
name of the Town for each day that such violation shall continue.
D.
In addition to the above-provided penalties and punishment, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of such chapter.
