[HISTORY: Adopted by the Town Board of the Town of LeRoy 2-14-1967. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Junkyard Licensing Ordinance of the Town of LeRoy."
By the adoption of this chapter, the Town Board of the Town of LeRoy declares its intent in so doing to regulate, control and license practices which are included in the definition of junkyard, and the Town Board hereby recognizes and acknowledges the following:
That junkyards are a valid and necessary service in that they provide areas for disposal by citizens of used, unwanted or abandoned material and ought to be encouraged when not in conflict with this chapter.
That they produce noise, litter and smoke.
That they are attractive and potentially dangerous to children.
That they generate traffic.
That they are a potential market for stolen goods.
That they are potential locations for fire, thievery and injury.
That when they are not restricted and controlled, they detract from a clean, wholesome, attractive environment which has been declared to be of importance to the health and safety of the inhabitants of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
- Stoves, refrigerators, freezers, water or oil tanks, automatic washers or dryers, wringer-type washers or any other type of machinery or equipment of a similar nature regardless of whatever material it may be constructed.
- Includes passenger cars, trucks, commercial tractor trailer units or parts thereof, motorbikes, motorcycles and buses.
- A lot of land or part thereof used for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery, appliances or vehicles or parts thereof. Two or more unlicensed automobiles, used appliances or used units of machinery shall constitute a "junkyard." However, this chapter shall not apply to any franchised dealership in new automobiles or farm machinery where the display and sale of used automobiles or machinery is essential to the proper conduct of the dealer's business; nor shall it apply to any dealership in new appliances where said business is conducted entirely within a building or buildings; nor shall it apply to any farm if said used machinery has been employed for farm operations on the farm on which it is stored for five days during the preceding 12 months, but in no event shall this exemption of farm machinery apply to automobiles or appliances nor shall it apply to commercial tractor trailer units or commercial trucks if said unit or truck has been licensed for three months during the preceding 12 months.
- An individual, an association, partnership or corporation.
All other words used in this chapter shall carry their customary meanings; words used in the present tense include the future, and the plural includes the singular.
No person shall engage in or conduct on real property within the Town of LeRoy, either by himself or by or on behalf of any other person directly or indirectly as an agent, employee or otherwise, any activity or business for profit or otherwise, at wholesale or retail, which involves the collection, storage or burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal of any material or property which would constitute a junkyard without first obtaining a license therefor as hereinafter provided.
Each applicant for a license shall execute, under oath, an application therefor, to be supplied by him by the Town Clerk, which shall contain the following information:
That the applicant is over the age of 21 years.
That he is a citizen of the United States and a resident of the Town of LeRoy.
That he has not been convicted of a crime in any jurisdiction.
A description of the exact type of business he intends to conduct.
The material or materials he intends to handle.
The number of employees he intends to employ.
The name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant for the use of said land.
The approximate acreage he intends to devote to a junkyard.
The approximate total acreage of the land owned, rented or leased, subleased or purchased on contract.
At the time of making such application, the applicant shall submit to and file with said Town Clerk a map or plan, drawn to scale, of the real property upon which he intends to conduct his proposed junkyard. Such map shall contain property boundaries, the location of the fence required hereinafter, the location of any buildings on such land and the location of any street or highway abutting or passing through such land, the location of any water, sewer or gas lines or mains and the general drainage pattern of such lands.
In the application, the applicant shall agree that if granted the license, he will conduct the junkyard pursuant to regulations hereinafter set forth and that upon his failure to do so, the license may be revoked forthwith.
A person presently maintaining or conducting a junkyard on real property within said Town of LeRoy must apply for a license therefor within 30 days of the effective date of this chapter. If the place where he conducts such activity or business complies with the requirements set forth herein, he shall be issued a license therefor. If the place where he conducts such activity or business does not presently comply with said requirements, he may be granted a temporary permit for a period of one year, during which time he must arrange the place where he conducts such a junkyard so that it does then comply with the requirements of this chapter. If at the end of such year such person has not so arranged his junkyard, he shall forthwith cease and desist from such activity and shall remove from such real property all material in violation of this chapter. If such person does not remove said violating material, the Town of LeRoy, upon 30 days' notice to the owner of the real property on which said material is located, may remove such material to the Town dump and may charge the owner the cost of such removal. Such cost shall be a lien upon the real property, and said Town may sue the owner of the said real property to recover the same.
If the person conducting such a junkyard is not the sole owner of the real property where the junkyard is to be maintained, he shall so state on his application, and said Town Clerk at the time of the issuing of a temporary permit shall send to the owner or owners a notice of the issuance of such temporary permit, together with a copy of this chapter.
The fee for the license shall be set from time to time by resolution of the Town Board, which sum is to be used for the cost of issuing the license and the cost of making the necessary inspections of the premises to ascertain the compliance of the regulations hereinafter prescribed. In the event that an applicant for a license, as provided herein, has previously been issued a valid and effective junk dealer's license pursuant to the General Business Law of New York, such applicant shall be entitled to and allowed a credit against the above-provided license fee upon proof of payment for such junk dealer's license.
[Amended 9-25-1989 by L.L. No. 1-1989]
Such license shall be effective from the date of its issuance until the 31st day of December of the year of the issuance.
Any licensee who desires to continue such junkyard beyond the termination of any license period shall make an application for a renewal of said license to said Town Clerk at least 30 days before the expiration of the existing license.
Such license is personal with the licensee and may not be sold, assigned or transferred or otherwise disposed of and does not pass to any new owner of the real property.
Such license shall be placed and at all times displayed in a conspicuous place on the real property used as such junkyard.
Such license may be revoked by said Town Board for violation of this chapter or for the conviction of any crime, but only after a public hearing thereon. The licensee shall receive 30 days' notice of such hearing and shall have an opportunity to be heard and to be represented by counsel at such a hearing. If such license is revoked, the Town Board may proceed as in the case of an applicant for a temporary permit who fails to qualify for a license, as provided in § 96-5.
The licensee must personally manage and be responsible for the junkyard for which the license is granted.
The licensee must either personally or by an agent or agents be present on the premises during the business hours of said junkyard, and such licensee shall not permit or suffer, either by omission or commission, any violation of any law, ordinance, rule or regulation, whether state, federal or local, and shall not permit any person under the age of 15 years upon the premises, unless accompanied by his or her parent or guardian.
[Amended 9-25-1989 by L.L. No. 1-1989]
The licensee must erect and maintain in good condition an opaque fence at least eight feet in height surrounding his junkyard; said fence shall effectively screen all material within the enclosure from the view from any highway or road and shall be equipped with a gate of the same height and construction, which gate shall be closed and locked during all times when the licensee or his agent shall not be within said enclosure. Such fence shall be not less than 200 feet from a highway right-of-way or property line and shall meet approval of the Town Board or its representative as to the compliance with the intent of this chapter. All material shall be kept within the enclosure of said fence, except as removal shall be necessary for the transportation of the same in the reasonable course of business, but in no event shall any material be kept outside the fenced area for a period of more than 18 hours. All wrecking, salvaging, burning, dismantling, disassembling or other work shall be accomplished within the enclosed area. Where the topography, natural growth of timber or other material or growth accomplish the purpose of this subsection in whole or part, the fence requirements of this subsection may be reduced by the Zoning Board of Appeals of the Town of LeRoy upon granting the license; provided, however, that said natural barrier conforms with the purposes of this chapter.
A strip of land 16 feet in width shall be maintained around the inside perimeter of the enclosure which shall be kept free of all grass or other growth and any or all material so as to provide a fire lane or firebreak around the entire area where the junkyard is being conducted.
There shall be maintained at each junkyard at least one five-pound 80-2 dry-powder fire extinguisher of approved design and capacity for each 10,000 square feet of area enclosed. Each fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked, in good working condition.
The area used by the licensee for a junkyard shall not be used for the disposal of garbage or other organic material.
The Town Code Enforcement Officer of said Town shall be granted access to the junkyard area to inspect the same for compliance herewith.
[Amended 9-25-1989 by L.L. No. 1-1989]
The owner of any real property on which a junkyard is located and/or any licensee who commits or permits, any act in violation of any provisions of this chapter shall be deemed to have committed an offense and shall be liable for such violation or penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or both.
[Amended 9-25-1989 by L.L. No. 1-1989]
Conviction for any of the above-mentioned violations shall constitute and effect an immediate forfeiture of the license. Any person violating this chapter shall be subject to a civil penalty enforceable and collectible by said 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.
In addition to the above-provided penalties and punishment, said Town Board may also maintain an action or proceeding, in the name of said Town, in a court of competent jurisdiction, to compel compliance with or to restrain by injunction the violation of this chapter.