[HISTORY: Adopted by the Town Board of the Town of Cicero 7-24-2013 by L.L. No. 7-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
No person shall operate, establish or maintain a junkyard in the Town of Cicero until the junkyard has obtained a license to operate and is located in an approved Planned Unit Development District.
Application for the license shall be made in writing to the Code Enforcement Officer. The application shall contain the legal description of the land to be included within the junkyard and such other information as deemed necessary by the Code Enforcement Officer or the Town Board.
A hearing before the Town Board on the application shall be held within the Town of Cicero not less than two weeks nor more than four weeks from the date of the receipt of the application by the Code Enforcement Officer, unless waived by the applicant.
At the time and place of the hearing, the Town Board 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; in considering such application, it shall take into account the applicant's ability to comply with all reasonable regulations imposed by this chapter and whether the applicant has been convicted of any form of larceny or receipt of stolen goods, and other matters within the purposes of this chapter.
At the hearing, the Town Board may also take into account the effect of the proposed junkyard on the environment, the general welfare of the Town's citizens and the aesthetics of the surrounding area. The Town Board may consider, among other relevant factors, the type of road servicing the location or the road from which the junkyard can be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the junkyard to established or prospective residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junkyard.
A. 
After the hearing, the Town Board shall, within four weeks, make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license shall be issued and shall remain in effect for one year from the date of approval by the Town Board.
B. 
The Town Board may waive strict compliance with the provisions of § 130-8 and may place any reasonable condition upon such approval as it deems necessary.
C. 
Approval shall be assignable upon application by a proposed assignee and approval by the Town Board.
D. 
Licenses may, at the discretion of the Town Board, be reviewed for renewal upon payment of the licensing fee without a hearing, provided that all provisions of this article, including any conditions imposed by the Town Board, were fully complied with during the previous license term.
E. 
The determination of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.
The license fee shall be an amount as determined by the Town Board.
Before use, a junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens the enclosed materials and with a suitable gate which shall be closed and locked except during the working hours of the junkyard or when the applicant or the applicant's agent is working within. The fence shall be at least 50 feet from a public highway. All materials shall be kept within the enclosure of the junkyard except as removal is necessary in the reasonable course of business. The Town Board shall have the authority to waive any fencing requirements as it sees fit due to the natural topography or growth of the area, provided that any natural barrier conforms with the purposes of this chapter.
[Amended 4-24-2019 by L.L. No. 7-2019]
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Town Board and the owner thereof be deemed suitable for the issuance of a license absent a compelling change in circumstances. Applications for renewal of an existing junkyard license shall be made no later than May 1 of each year. Renewal licenses shall be valid from June 1 through May 31 of the following year. Such licensee shall comply with all other provisions of this chapter, including the fencing requirement set forth in § 130-8.
A. 
A violation of any of the provisions of this chapter by an owner of land and/or a builder or contractor shall constitute an offense punishable either:
(1) 
By the imposition of a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, by a fine of not less than $350 but no more than $700, or imprisonment for a period not exceeding 15 days, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $700 but no more than $1,000, or imprisonment for a period not exceeding six months, or both; and/or
(2) 
By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
B. 
Each week's continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.