[HISTORY: Adopted by the Town Board of the Town of Spencer 4-11-2000 by L.L. No. 1-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 73.
Landfills — See Ch. 91.
Mobile homes and mobile home parks — See Ch. 98.
Solid waste — See Ch. 124.
[1]
Editor's Note: This chapter superseded former Ch. 87, Junk and Junkyards, adopted 6-8-1993 by L.L. No. 3-1993, as amended.
A clean, wholesome, attractive environment is hereby declared to be of importance to the health and safety of the inhabitants of the Town of Spencer and the orderly development and improvement of the Town and to the general welfare of the inhabitants. It is hereby found that the unrestrained accumulation of junk motor vehicles, materials and equipment constitutes a hazard to the environment, development and to such general welfare of the inhabitants. Accordingly, such accumulation is hereby regulated as follows.
As used in this chapter the following terms and phrases shall have the following meanings respectively:
AUTOMOBILE JUNKYARD or JUNKYARD
Any location, whether or not the location of a business, where two or more junk cars, or any junk material/equipment are stored or deposited, whether for the purpose of reclaiming for use some or all of the material therein, whether metal, glass, fabric or plastic, or for any other purpose; such term shall include any place of storage or deposit, for any purpose, of used parts or waste materials from motor vehicles or other junk material/equipment which, taken together, equal in bulk two or more junk cars.
ESTABLISHED JUNKYARD
A junkyard already in existence on the effective date of this chapter and operated by a dismantler holding a currently valid license from the State of New York.
JUNK CAR
Any unregistered motor vehicle, including any unregistered automobile, snowmobile, motorcycle, truck, trailer or utility trailer, as well as any registered motor vehicle no longer intended for or in condition for legal use on the public highway.
JUNK MATERIAL/EQUIPMENT
Includes, but is not limited to, any nonworking equipment, whole or in parts, metal, glass, fabric or plastic, mobile home bodies not connected to private or public utilities or assigned a building permit and unregistered boats.
MOTOR VEHICLE
Any vehicle propelled or drawn by power, other than human or animal power, originally intended to carry persons or personal property; this definition shall include, but shall not be limited to, automobiles, trucks, trailers, tractors, ATVs and snowmobiles.
NEW JUNKYARD
A junkyard proposed to be established after the effective date of this chapter.
PERSON
An individual, joint venture, partnership, limited liability company, association or corporation.
No person shall establish, operate or maintain a junkyard within the Town of Spencer until he has obtained from the Town a license therefor and, if a new junkyard, a certificate of compliance, in accordance with the following requirements.
A. 
The operator of an established junkyard shall be deemed approved and the operator thereof deemed suitable for the issuance of a license, provided that the operator holds a currently valid license as a dismantler issued by the State of New York and meets all other requirements of this chapter and the New York State Fire Prevention and Building Code.
B. 
The location of a new junkyard must be approved by both the Planning Board and Town Board. The applicant shall submit a survey by a licensed surveyor showing the exact location of the proposed junkyard. In considering such location, the Boards may take into consideration the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, residences, public buildings and places of public gatherings, and whether the proposed location will have an unfavorable effect on the clean, wholesome and attractive environment of the Town. In this connection, the Boards may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, the residential and recreational areas in the neighborhood of the proposed site and the access routes thereto and also the reasonable availability of other suitable sites for the junkyard. In any event, no new junkyard may be located within 1,500 feet of a church, school, hospital, convalescent home, public building, place of public assembly or any residence not to be occupied by the junkyard operator.
C. 
No new junkyard shall be considered or established unless the applicant presents with his application the unanimous consent of the owners, not including himself, of all real property located within 1,500 feet of the perimeter of the property that is the site of the proposed junkyard.
D. 
Every junkyard must be completely fenced and screened from view from any adjacent property as well as from any street from which the junkyard could otherwise be seen. Fencing must be maintained in good repair and neat appearance. Any such fencing must be located at least 75 feet from the center line of any adjacent street and at least 50 feet from the street line thereof. Fencing shall be a minimum of eight feet high with a suitable, lockable gate.
E. 
Inside and adjacent to the fence there must be maintained a fire lane, not less than 15 feet wide, which shall be kept free from combustible material and within which no structures will be permitted and no motor vehicles or other materials may be stored.
F. 
All junk cars, parts, materials and equipment must be stored and all handling and wrecking operations must be conducted, within the junkyard, behind a fence and not in the area designated for the fire lanes, except as entry and exit are required in the ordinary course of business.
G. 
No operation involving the emission of noise shall be conducted in any junkyard before 8:00 a.m. or after 9:00 p.m.
H. 
An operator of an existing licensed junkyard who proposes to discontinue such operation rather than secure from the Town a license must remove all junk motor vehicles and junk material/equipment to a licensed junkyard within one year of the effective date of this chapter or be in violation of this chapter.
I. 
An operator of a junkyard must comply with all applicable provisions of the New York State Vehicle and Traffic Law and the New York State Fire Prevention and Building Code.
The property owner shall permit access to any person representing the Town to inspect any junkyard, whether or not licensed, and the site of any proposed new junkyard, at any time.
A. 
Operators of existing junkyards must apply to the Town Clerk immediately for a license to operate such junkyards. The application must be in writing and must comply with § 87-4 of this chapter.
B. 
All applications for a junkyard license must be accompanied by the required fee. If a license is not granted, the fee will be returned to the applicant.
C. 
The Town Clerk shall refer each application for a license to the Town Planning Board for review and consideration at its next regular meeting. In the case of both an application for an established junkyard and an application for a new junkyard, if the Planning Board is satisfied, based upon the application, that the applicant has met the requirements of this chapter, the Planning Board shall provide its written recommendation to the Town Board, whether in favor of or opposed to granting such license. The Town Board shall thereupon schedule, provide notice of and conduct a public hearing to consider issuance of the license. Such hearing shall be held not more than two months after the Town Board meeting after receipt of the Planning Board's recommendation. Notice thereof, stating the time and place of hearing, shall be published in the official newspaper of the Town at least seven days before the date of the hearing and shall be mailed to the applicant at the address shown in his application at least seven days before the hearing. At the hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application. In considering the application, the Town Board shall take into account the suitability of the applicant with reference to his ability to comply with the fencing and other requirements of this chapter and to any other requirement, purpose or goal of this chapter. Within 62 days after the conclusion of the public hearing, the Town Board shall determine whether the application will be granted and shall notify the applicant of this determination by mail. If the determination is favorable, the Town Clerk shall issue the license and certificate of approval of location. Such license shall be deemed conditional for a period of one year. If at the end of such period the operator has not maintained full compliance with this chapter, the Town Board will revoke the license.
D. 
No license issued hereunder, including a renewal license, shall be assignable to any other person, except with the consent of the Town Board after inspection.
The original license shall be issued for a period ending December 31 of the year in which it is issued. Each renewal license shall be issued for a period beginning January 1 and ending December 31.
Not less than 30 days prior to the expiration of the license, each licensed operator shall apply in writing to the Town Clerk for a renewal license and for an inspection of the facility by the Code Enforcement Officer. Such application shall be referred by the Clerk to the Town Board at its next regular meeting. If the Board is satisfied that the licensee has complied with the requirements of this chapter, it shall direct that the renewal license be issued. If the Board has reason to believe that the licensee has not complied with all the requirements of this chapter, the Board shall establish a day, time and place of hearing upon such application for renewal and notify the licensee thereof by mail at least seven days before the hearing. Such hearing shall be held, if feasible, prior to the expiration of the license year. If it is held after the expiration of such year, the license shall be deemed extended until the hearing has been held and the determination on the application for renewal made. Such determination must be made within 62 days from the date of hearing.
The fee for an original license, whether for an established junkyard or a new junkyard, including certificate of approval of location, shall be as set by resolution of the Town Board.[2] The fee for a renewal license shall be as set by resolution of the Town Board. In addition, the applicant shall pay the cost of advertising any required public hearing and any other expenses of the Town attributable to the hearing.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: The Fee Schedule is on file in the Town Clerk's office.
One junk car, as defined in § 87-2, may be stored at a private residence, provided that it is kept inside a building or surrounded by an opaque, wooden (or material that appears to be wood) fence, not less than one foot taller than the highest point of the junk car. In no case shall the junk car be visible from the roadway or from any adjoining property.
No junk car, as defined in § 87-2, may be stored on the premises of any multiple dwelling.
This chapter shall not apply to any currently licensed car dealership in the business of selling new or used motor vehicles, any mobile home sales establishment, any campground or any operating farm using unregistered vehicles for on-premises farming operations. The permit license is good for only the property with the address on the permit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Any person who shall violate any part of this chapter shall be guilty of a violation and upon conviction may be punished by a fine not more than $250 or by imprisonment not exceeding 15 days, or both. Such violation shall constitute grounds for revocation of the operator's license, if any, by the Town Board. Each day's failure to comply with the provisions of this chapter shall constitute a separate offense. In addition, the Town Board may enforce this chapter by injunction.
B. 
Upon failure to secure a license hereunder, or upon denial of a license or of a renewal license by the Town Board, it shall be the duty of the operator immediately to cease operation of the junkyard and to remove from the premises all junk cars and any junk materials/equipment there stored or held in violation of this chapter. Upon failure to do so within such time as the Town Board may direct, the Town Board may cause such junk cars and junk material/equipment to be removed from the premises and charge the cost of such removal to the operator and/or the owner of the property.
C. 
In addition to the above-described penalties, the Town Board may in its discretion revoke any license previously issued after a public hearing at which the licensee shall have an opportunity to be heard; or in the alternative, may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this Chapter 87 by injunction, abatement, specific conformance or otherwise compel cessation of each violation; and obtain restitution to the Town for the costs incurred by the Town in remedying and/or enforcing each violation, including, but not limited to, reasonable attorneys' fees.
[Added 6-12-2012 by L.L. No. 3-2012]
A. 
The Town Board may at any time appoint an enforcement officer to enforce the provisions of this chapter and fix the enforcement officer's compensation. The enforcement officer's duties shall include the inspection, from time to time, of licensed junkyards, investigations of proposed junkyards, investigations of alleged unlicensed junkyards, the filing of complaints with respect to violations of this chapter and such other duties relevant to this chapter as the Town Board may prescribe.
B. 
The enforcement officer shall have the power to issue an appearance ticket pursuant to § 150.20 of the Criminal Procedure Law, to serve a summons and to serve and issue any orders or process in the administration of the provisions of this chapter. In addition, any police officer or inspector authorized by the Town to assist in enforcement of this chapter may serve any process, including an appearance ticket, or a uniform appearance ticket, related to any proceeding, either criminal or civil in nature, undertaken in the enforcement of the provisions of this chapter.