This chapter shall be known and may be cited as the "Town of
Collins Junk Dealers and Junkyards Law."
A clean, wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants of this
Town 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
Town and the general welfare of its inhabitants. The outdoor storage
of junked or wrecked motor vehicles or parts thereof, and other scrap
or waste material is detrimental to the health, safety, and general
welfare of the Town. Such storage also endangers the person and property
of members of the community, since fuel tanks of junked automobiles
containing gasoline or gasoline fumes may easily explode and the accumulation
of waste material, unless regulated, can cause serious fire and safety
hazards and the harboring of vermin, or may have serious environmental
effects.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
JUNK DEALER
Any person who shall carry on the business of buying, selling, storing or processing any of the articles enumerated in §
190-4, at a place of business of a junkyard or automobile wrecking yard as defined in the next definition.
JUNKYARD or AUTOMOBILE WRECKING YARD
Any place of storage or deposit, whether in connection with
another business or not, where junked motor vehicles, wrecks or parts
thereof, and other waste material are bought, sold, stored, dismantled,
processed for salvage or otherwise handled for any other related purpose.
No person shall engage in or conduct the business of junk dealer
within the Town of Collins either for himself or herself or for and
on behalf of any other person directly or indirectly as agent, employee
or otherwise, either for profit 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 bodies, engines, or parts of
junked or wrecked motor vehicles, or of any other second hand or used
property of whatever material it is composed or any waste material
whether composed of wood, paper, cloth, cardboard, plastics, metals,
stone, cement or otherwise without first obtaining a license therefor
as hereinafter provided.
Every junk dealer as defined in §
190-3 shall pay an annual license fee as set from time to time by the Town Board.
All licenses shall be issued as of January 1, and shall continue
in force until December 31 next succeeding and date of issuance thereof,
unless sooner revoked by the Town Board. Each applicant shall file
the renewal application not less than 60 days prior to the expiration
of the existing license. If it is an initial application for a license,
the application must be filed at least 60 days prior to the date the
business is expected to commence.
Each junk dealer while exercising his or her license shall exhibit
the same whenever requested to do so by a police officer or other
official of the Town. No license shall be used by any person other
than the original licensee, and any holder of such license who permits
it to be used by any other person and any person who uses such license
granted to any other person shall be guilty of a violation of this
chapter. Whenever a license shall be lost or destroyed without fault
on the part of the holder or his or her agent or employee, a duplicate
license in lieu thereof under the original application and bond may
be issued by the Town Supervisor, in his or her discretion, upon filing
of a sworn affidavit proving the loss of such license.
After a public hearing thereon at which the licensee shall have
an opportunity to be heard, pursuant to § 137 of the Town
Law, the Town Board may revoke any license granted under the provisions
of this chapter. Whenever any license shall be so revoked, no refund
of any unearned portion thereof shall be made and no license shall
be granted to any person whose license has been so revoked within
a period of five years from the date of such revocation subject, however,
to Article 23-A of the Correction Law. Notice of such revocation and
the reason or reasons therefor, in writing, shall be served by the
Town Clerk upon the person named in the application by mailing the
same to the address given in the application, and upon filing a copy
of such with the Town Clerk.
The Code Enforcement Officer shall enforce this chapter, and
he or she and any of his or her subordinates or agents shall be granted
access to any junkyard and all areas therein within the control of
the junk dealer at all reasonable times, upon exhibiting proper credentials.
A violation of any provision of this chapter shall constitute a violation pursuant to the Penal Law and, upon conviction, shall be subject to the penalties set forth in Chapter
1, General Provisions, §
1-3, of the Code of the Town of Collins.