[HISTORY: Adopted by the Town Board of the Town of Walton 7-12-1966. Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants 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 state and the general
welfare of its citizens. It is further declared that the unrestrained
accumulation of junk and junk motor vehicles is a hazard to such health,
safety, and welfare of citizens of the state necessitating the regulation,
restraint and elimination thereof. At the same time, it is recognized
that the maintenance of junkyards, as hereinafter defined, is a useful
and necessary business and ought to be encouraged when not in conflict
with the express purposes of this section.
This chapter shall be applicable to all territory within the
Town of Walton outside of incorporated villages.
As used in this chapter, the following terms shall have the
meanings indicated:
JUNKYARD
Any place of storage or deposit, whether in connection with
another business or not, where junk is accumulated for sale or reuse
or where two or more unregistered, old, or secondhand motor vehicles,
no longer intended or in condition for legal use on the public highways,
are held, whether for the purpose of resale of used parts therefrom,
for the purpose of reclaiming for use some or all of the materials
therein, whether metal, glass, fabric or otherwise, for the purpose
of disposing of the same or for any other purpose; such term shall
include any place of storage or deposit for any such purposes of used
parts or waste materials from motor vehicles, or of scrap metals or
other scrap materials which, taken together, equal in bulk two or
more such vehicles.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
No person shall operate, establish or maintain a junkyard until
he:
A. Has obtained a license to operate a junkyard business; and
B. Has obtained a certificate of approval for the location of such junkyard.
Application for the license and the certificate of approved
location shall be made, in writing, to the Town Board, and shall contain
a description of the land to be included within the junkyard.
A hearing on the application shall be held within the Town not
less than two nor more than four weeks from the date of the receipt
of the application by the Town Board. Notice of the hearing shall
be given to the applicant by mail, postage prepaid, to the address
given in the application and shall be published once in a newspaper
having a circulation within the Town, which publication shall be not
less than seven days before the date of the hearing.
At the time and place set for 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 suitability
of the applicant with reference to his ability to comply with the
fencing requirements or other reasonable regulations concerning the
proposed junkyard, to any record of convictions for any type of larceny
or receiving of stolen goods, and to any other matter within the purpose
of this section.
At the time and place set for hearing, the Town Board shall
hear the applicant and all other persons wishing to be heard on the
application for certificate of approval for the location of the junkyard.
In passing upon same, it shall take into account, after proof of legal
ownership or right to such use of the property for the license period
by the applicant, the nature and development of surrounding property,
such as the proximity of churches, schools, hospitals, public buildings
or other places of public gathering; and whether or not the proposed
location can be reasonably protected from affecting the public health
and safety by reason of offensive or unhealthy odors or smoke, or
of other causes.
At the hearing regarding location of the junkyard, the Town
Board may also take into account the clean, wholesome and attractive
environment which has been declared to be of vital importance to the
continued general welfare of its citizens by considering whether or
not the proposed location can be reasonably protected from having
an unfavorable effect thereon. In this connection, the Town Board
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 proximity of the proposed
junkyard to established residential and recreational areas or main
access routes thereto, as well as the reasonable availability of other
suitable sites for the junkyard.
After hearing, the Town Board shall, within two 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,
including the certificate of approved location, shall be forthwith
issued to remain in effect until the following April 1. Approval shall
be personal to the applicant and not assignable. Licenses shall be
renewed thereafter upon payment of the annual license fee without
hearing, provided all provisions of this chapter are complied with
during the license period, the junkyard does not become a public nuisance
under the common law and the applicant is not convicted of any type
of larceny or the receiving of stolen goods. The determination of
the Town Board may be reviewed under Article 78 of the Civil Practice
Law and Rules.
The annual license fee shall be $25, to be paid at the time
the application is made and annually thereafter in the event of renewal.
In event the application is not granted, the fee shall be returned
to the applicant. The Town, in addition to the license fee, may assess
the applicant with the costs of advertising such application and such
other reasonable costs incident to the hearing as are clearly attributable
thereto and may make the license conditional upon payment of same.
Before use, a new junkyard shall be completely surrounded with
a fence at least eight feet in height which substantially screens
and with a suitable gate which shall be closed and locked except during
the working hours of such junkyard or when the applicant or his agent
shall be within. Such fence shall be erected not nearer than 50 feet
to a public highway. All motor vehicles and parts thereof or other
junk stored or deposited by the applicant shall be kept within the
enclosure of the junkyard except as removal shall be necessary for
the transportation of same in the reasonable course of the business.
All wrecking or other work on such motor vehicles and parts and other
junk and all burning of same within the vicinity of the junkyard shall
be accomplished within the enclosure.
A. For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Town Board and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the enactment of this chapter, however, the owner shall furnish the Town Board the information as to location which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, excepting the fencing requirements set forth in §
138-12 above.
B. In the place and stead of the fence and gate required by §
138-12 above, the owner of an established junkyard shall have the option of planting along the boundaries of such junkyard such shrubs or trees for screening purposes as are recommended by the United States Farm Service Agency, the New York State Department of Environmental Conservation or other appropriate state or federal agency. Such planting shall be made not nearer than 25 feet to the center line of a public highway, shall be accomplished no later than July 1, 1967, and shall thereafter be properly maintained so as to provide a living fence which substantially screens. All motor vehicles and parts thereof or other junk stored or deposited by such owner shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and other junk and all burning of same within the vicinity of the junkyard shall be accomplished within the enclosure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where the topography, natural growth of timber or other consideration
accomplish the purposes of this chapter in whole or in part, the fencing
requirements hereunder may be reduced by the Town Board upon granting
the license; provided, however, that such natural barrier conforms
with the purposes of this chapter.
Notwithstanding any of the foregoing provisions of this chapter,
no junkyard hereafter established shall be licensed to operate if
such yard or any part thereof shall be within 500 feet of a church,
school, hospital, public building or place of public assembly.
[Amended 9-12-1977; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any of the provisions
of this chapter shall be guilty of a violation and, upon conviction
thereof, shall be punished by a fine not exceeding $250 in amount,
or by imprisonment not exceeding 15 days, or both such fine and imprisonment.
Each day that a violation is permitted to exist shall constitute a
separate offense.