[Adopted 5-18-1982; amended
in its entirety 4-2-2024 by L.L. No. 1-2024]
By the adoption of this article the Town Board of the Town of
Catskill declares its intent in so doing to be to regulate, control
and license the activities or businesses known as "auto graveyards,"
"junkyards," "secondhand parts 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.
Such materials may be highly inflammable and sometimes explosive.
Gasoline tanks and old autos often contain in some quantity of combustible
gasoline; the engine and other parts of such autos are frequently
covered with grease and oil which is also inflammable. The tire, plastic
seats, tops and other elements of such autos are also inflammable.
Batteries and other elements of such autos can contain sharp metal
or glass edges or points upon which a human could receive serious
cuts and abrasions. These autos can constitute attractive nuisances
to children and certain adults. The presence of such junkyards even
in areas zoned for business or industry is unsightly and tends to
detract from the value of surrounding land and property unless such
areas are properly maintained and operated.
As used in this article, the following terms shall have the
meanings indicated:
AUTO
A passenger auto, truck, tractor-truck, trailer, bus, motorcycle
or other vehicle, however propelled, as well as tractors, bulldozers,
machinery and equipment.
PERSON
Any individual, an association, a partnership or a corporation.
A hearing on the application shall be held by the Town of Catskill
not less than two weeks nor more than six weeks from the date of the
receipt of a complete application by the Town Clerk. Notice of the
hearing shall be given to the applicant by mail, to the address given
in the application, and shall be published once in the official newspaper
of the Town of Catskill, 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 secondhand
junk and auto parts activities and business. In considering such application,
it shall take into account the suitability of the applicant with reference
to his or her ability to comply with the fencing requirements or other
reasonable regulations concerning the proposed activity or business,
to any record of convictions for any type of larceny or possession
of stolen property and to any other matter within the purposes 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, taking 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 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 activity
or business or from which the activity or business may be seen, the
natural or artificial barriers protecting the activity of business
from view and the proximity of the activity of the business to established
residential and recreational areas or main access routes thereto,
as well as the reasonable availability of other suitable sites for
the activity or business.
After the hearing the Town Board shall, within four weeks, make
a finding as to whether or not the application should be granted,
giving notice of its finding to the applicant by mail. If approved,
the license shall be issued to remain in effect until the following
December 31. The determination of the Town Board may be reviewed by
the applicant under Article 78 of the Civil Practice Law and Rules.
A nonconforming use is a use of premises within the Town of
Catskill under an existing and effective license issued pursuant to
any prior Town of Catskill ordinance licensing and regulating dealers
in secondhand junk and auto parts activities and businesses which,
as of the effective date of this article and continuously for 60 days
prior thereto, is and was that of a junkyard inconsistent with the
provisions of this article. Such nonconforming use may be maintained,
restored, reconstructed or altered, notwithstanding the provisions
of this article, so long as the nonconforming use is not extended
in its degree of nonconformity. Whenever the nonconforming use has
been discontinued for a period of six months, such use shall not thereafter
be reestablished.
[Adopted 7-5-2006 by L.L.
No. 4-2006; amended in its entirety 4-2-2024 by L.L. No. 1-2024]
By the authority of the resolution of the Town Board of the Town of Catskill, adopted on July 5, 2006, pursuant to the police power vested in and granted to the Town of Catskill under Section 10 of the New York State Municipal Home Rule Law, Article 9 of the Town Law of the State of New York, and Article IX of the New York State Constitution, the Town Board of the Town of Catskill is authorized and empowered to regulate the storage of junk material, as defined in §
115-18 herein, to protect the general health, safety and well-being of persons and property in the Town.
The provisions of this article shall apply in addition to the
provisions of any other local law or ordinance adopted by the Town.
Where there is a conflict, the more restrictive provision shall apply.
As used in this article, the following terms shall have the
meanings indicated:
DMV
The New York State Department of Motor Vehicles.
ENFORCEMENT OFFICER
The person(s) appointed by the Town Board to enforce the
provisions of this article.
GARBAGE
All animal and vegetable waste resulting from the growing,
processing, marketing and preparation of food items, including the
container in which packaged.
JUNK APPLIANCE
Any abandoned, wrecked, discarded, dismantled or partly dismantled
household appliance, including but not limited to stoves, washing
machines, dryers, dishwashers, freezers, refrigerators, air conditioners,
water heaters, computers or televisions, that is stored or placed
outside of any residence or structure.
JUNK FURNITURE
Any abandoned, wrecked, discarded, dismantled or partly dismantled
furniture, including but not limited to sofas, mattresses, bed frames,
desks, tables, lawn furniture, chairs and chests of drawers, that
is stored or placed outside of any residence or structure.
JUNK MATERIAL
Any abandoned, wrecked, discarded, dismantled or partly dismantled
material, including but not limited to a junk appliance, junk furniture,
a junk vehicle, or garbage, rubbish, clutter and debris.
JUNK VEHICLE
A.
Any vehicle, or used parts or waste materials from vehicles,
that is:
(1)
Uninspected or unregistered; or
(2)
Abandoned, wrecked, discarded, dismantled or partly dismantled;
or
(3)
Not in condition for legal use upon the public highways.
B.
The fact that a vehicle does not display a current vehicle registration,
inspection sticker or license plate shall be rebuttably presumptive
evidence that such vehicle is not in any condition for legal use upon
the highways and is a junk vehicle, unless rebutted by verifiable
and credible proof.
C.
The fact that such vehicle has remained unused for more than
six months and not in condition to be removed under its own power
shall be rebuttably presumptive evidence that such vehicle is a junk
vehicle, unless rebutted by verifiable and credible proof.
RUBBISH, CLUTTER, LITTER AND DEBRIS
Household or commercial trash, including, but not limited
to, paper and paper products, barrels, cartons, boxes, cardboard,
cans, glass, metals, machinery, plastics, rubber, crates, furniture,
rags, mattresses, blankets, cigarettes, tires, lumber, brick, stone
and other building materials, no longer intended or in condition for
customary use, and any and all tangible personal property no longer
intended or in condition for customary use.
UNINSPECTED VEHICLE
A vehicle that has not been currently inspected for the State
of New York or does not bear an appropriate or valid inspection sticker
by regulating agencies of any state or other governmental entity.
UNREGISTERED VEHICLE
A vehicle that has not been currently registered for the
State of New York or does not bear an appropriate or valid registration
sticker by regulating agencies of any state or other governmental
entity.
VEHICLE
A device or conveyance used for the purpose of carrying or
transporting passengers or goods or equipment or any combination of
the above purposes, including but not limited to automobiles, buses,
trailers, trucks, tractors, motor homes, mobile homes, campers, motorcycles,
mini bikes, recreational vehicles, boats, all-terrain vehicles or
snowmobiles.
Section
115-19 shall not apply to the storage or placement on the premises of the following material:
A. Wood intended for consumption in a wood-burning stove, furnace or
fireplace located in a building on the premises, in compliance with
the New York State Fire Code.
B. Operable farm, garden and yard machinery and apparatus used on the
premises.
D. Hoses and sprinklers used for watering lawns or gardens.
E. The storage, placement or accumulation of materials in connection
with a commercial operation duly conducted on the premises where such
storage, placement and accumulation is expressly permitted by the
laws of the Town.
F. Construction materials and equipment used for the construction or
renovation of a building on the premises for which a building permit
has been issued and remains current.
Any person may file a complaint with the Enforcement Officer that a violation of this article may have taken place. The Enforcement Officer shall properly record and investigate any such complaint. The Enforcement Officer may also investigate any alleged violation that he or she has reason to believe has occurred or is occurring. Following an investigation of the property, the Enforcement Officer may prepare and serve a notice of violation as set forth in §
115-23 herein.
If any clause, sentence, paragraph, section, article, chapter
or part of this article now or through supplementation shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
This article shall take effect 20 days after it is filed as
provided in § 27 of the Municipal Home Rule Law.
The following local law is hereby repealed and replaced with this law: Town of Catskill Code, Chapter
115, Junk, Article
II, Storage, adopted 5-4-2004 by L.L. No. 1-2004.