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.
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.
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. 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.
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.