This chapter shall apply to every person who shall be engaged
in business as a junk dealer as hereinafter defined.
A clean, wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants of the Village
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
Village and the general welfare of its inhabitants. The outdoor storage
of junked motor vehicles and other waste material is detrimental to
the health, safety and general welfare of the Village. Such storage
also endangers the person and property of members of the community,
since fuel tanks of junked automobiles containing gasoline or gasoline
fumes may easily explode and the accumulation of waste material unless
regulated can cause serious fire and safety hazards and the harboring
of vermin.
As used in this chapter, unless the context or subject matter
otherwise requires:
JUNK DEALER
Any person who shall carry on the business of buying, selling, storing or processing any of the articles enumerated in §
15-4 at a junkyard, as defined in this section.
JUNKYARD
In addition to the definition contained in §
30-4 of Chapter
30, Zoning, of the Village Code, any place of storage or deposit, whether in connection with another business or not, where junked motor vehicles and waste material are bought, sold, stored, dismantled, processed for salvage or otherwise handled for any other related purpose.
No person shall engage in or conduct the business of junk dealer
within the Village of Avon either for himself or for and on behalf
of any other person directly or indirectly as agent, employee or otherwise,
either for profit 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 junked motor
vehicles, 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 therefor as hereinafter
provided, but no license shall be required of persons buying, storing,
repairing and selling secondhand automobiles as complete units.
Upon the filing of the application and the bond as provided in the preceding section, the licensing officer may, upon approval of such application after investigation thereof and of such bond as to sufficiency of surety or sureties or collateral security and the payment to the Village of the license fee hereinafter provided, issue to the applicant a license to engage in business as provided in §
15-4. No license shall be refused except for a specific reason and for the protection of public safety, health, welfare or morals. All licenses shall state clearly the location of the junk business, the date of issuance and expiration of the license and the name and address of the licensee. No applicant to whom a license has been refused shall make further application until a period of at least six months shall have elapsed since the last previous rejection, unless he can show that the reason for such rejection no longer exists. Any license granted hereunder shall not be deemed to waive any provision of Chapter
30, Zoning, of the Village Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every junk dealer as defined in §
15-3 shall pay an annual license fee in an amount as set by the Village Board of Trustees at the annual organizational meeting for each established place of business. All licenses shall be issued as of April 1 and shall continue in force until April 1 next succeeding the date of issuance thereof, unless sooner revoked by the Board of Trustees. Each junk dealer while exercising his license shall exhibit the same whenever requested to do so by a police officer or other official of the Village. No license shall be used by any person other than the original licensee, and any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall be guilty of a violation of this chapter. Whenever a license shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application and bond may be issued by the licensing officer in his discretion.
The Board of Trustees may, at any time, for such cause as it
upon investigation deems sufficient, revoke any license granted under
the provisions of this chapter. Whenever any license shall be so revoked,
no refund of any unearned portion thereof shall be made and no license
shall be granted to any person whose license has been so revoked within
a period of five years from the date of such revocation. Notice of
such revocation and the reason or reasons therefor shall be served
by the Village Clerk, in writing, upon the person named in the application
by mailing the same to the address given in the application and upon
filing a copy of such with the Village Clerk. Before making such notice,
however, the Board of Trustees shall notify the junk dealer in writing
of the grounds upon which a revocation is contemplated and the opportunity
to be heard at a public hearing to be held not later than 30 days
from the date of the notice of intention.
The Zoning Enforcement Officer shall enforce this chapter and
he and any of his subordinates or agents shall be granted access to
any junkyard and all areas therein within the control of the junk
dealer at all reasonable times, upon exhibiting proper credentials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each violation of any provision of this chapter shall constitute
a violation pursuant to the Penal Law, punishable by a fine of not
more than $250 or by imprisonment for not more than 15 days, or both.
Each day that a violation continues shall be considered to be a separate
offense.