The Town Board of the Town of Wilna, pursuant to the authority
granted under Article 4 of the Town Law, § 136 of the General
Municipal Law and §§ 10 and 20 of the Municipal Home
Rule Law of the State of New York, hereby enacts as follows.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town Board of the Town of Wilna has determined that, by
the adoption of this law, the Town Board of the Town of Wilna declares
its intent to regulate, control and license the activities or businesses
known as "auto graveyards," junkyards, secondhand materials collection
areas, the processing of used metals for resale and the dumping, storage
and disposal of waste, secondhand or used materials of whatever composition.
Said Town Board hereby declares that such activities or businesses
can constitute a hazard to property and persons and a public nuisance.
The presence of such junkyards is unsightly and tends to distract
from the value of surrounding land and property unless such areas
are properly maintained and operated.
As used in this chapter, the following terms shall have the
meanings indicated:
AUTO
Passenger auto, truck, tractor-truck, trailer, bus, motorcycle
or other vehicle, however propelled, as well as tractors, bulldozers,
machinery and equipment.
JUNK
Secondhand materials and used materials within the meaning
of this article, to wit: used or secondhand materials of any kind,
including rags, paper, rubbish, old rope, bottles/glassware, crockery,
bags, cloth, rubber, iron, brass, copper, silver, clothing, furniture,
used motor vehicles or the parts thereof or any repaired, reconstructed,
renewed, renovated, partly ruined or damaged materials, merchandise
or personal property, tin, slush, or lead, old lumber and house wrecking
materials, garbage, litter and debris. This definition, however, shall
not be deemed to be exclusive. Secondhand materials and articles of
similar kind and character shall be deemed to be included within the
foregoing definition.
PERSON
An individual, an association, a partnership, a corporation.
No person shall engage in or conduct on real property within
the Town of Wilna either for himself or for and on behalf of any other
person directly or indirectly as agent, employee or otherwise any
activity or business either for profit or otherwise, at wholesale
or retail, which involves the collection, storage, burning, dumping,
disassembling, dismantling, salvaging, sorting or otherwise handling
or arranging for sale, resale, storage or disposal or otherwise of
bodies, engines, or parts of autos, or of any other secondhand or
used property of whatever material it is composed or any waste material
whether composed of wood, paper, cloth, cardboard, plastics, metals,
stone, cement or otherwise without first obtaining a license therefore
as hereinafter provided.
This chapter shall not apply to dealers who in good faith have
established or shall establish a business of buying and selling new
or used motor vehicles who occasionally, as an instance of such business,
buy or receive in the course of trade secondhand motor vehicles for
sale. This chapter shall, however, include and apply to all such dealers
who wreck or junk such secondhand motor vehicles.
It shall not be lawful for any person, firm or corporation carrying
on the business of purchasing or selling any of the materials heretofore
mentioned, to purchase from any person under 21 years of age any of
the aforesaid materials.
If any part of this chapter shall be found to be void, voidable,
or unenforceable for any reason whatsoever, it shall not affect the
validity or enforceability of any remaining section or provision of
this chapter.