By the adoption of this chapter the Town Board of the Town of Southold
declares its intent in so doing to be to regulate, control and license the
activities or businesses known as auto "graveyards," junkyards and secondhand
parts collection areas. 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 flammable and sometimes explosive.
Gasoline tanks on old autos often contain, in some quantity, combustible gasoline;
the engines and other parts of such autos are frequently covered with grease
and oil, which are also flammable. The tires, plastic seats, tops and other
elements of such autos are also flammable. Batteries and other elements of
such autos can contain acids and other matter potentially harmful to humans.
These autos frequently 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 chapter, the terms used herein are defined as follows:
AUTO
Passenger auto, truck, tractor-truck, trailer, bus, motorcycle or
other vehicle, however propelled, as well as tractors, bulldozers, machinery
and equipment.
PERSON
An individual, an association, a partnership or corporation.
No person shall engage in or conduct on real property within the Town
of Southold, 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, without first obtaining
a license therefor as hereinafter provided.
[Amended 7-31-1973 by L.L. No. 1-1973; 1-16-2007
by L.L. No. 3-2007]
A. The owner or licensee of any such place of business who commits
or permits the commission of any offense against any of the provisions of
this chapter shall be deemed to have committed a violation and shall be liable
for any such offense or the penalty therefor. Each day such offense shall
continue or be permitted to exist shall constitute a separate offense.
B. For every offense against any provision of this chapter, the
person committing the same shall, upon conviction thereof, be subject to a
fine not to exceed $2,500 or imprisonment not exceeding 15 days, or both such
fine and imprisonment.
C. Conviction for any above-mentioned offense shall constitute and
effect an immediate forfeiture of the license.
D. Any person committing an offense against this chapter shall,
upon conviction thereof, be subject to a civil penalty enforceable and collectible
by the Town in the amount of $100 for each such offense. Such penalty shall
be collectible by and in the name of the Town for each day that such offense
shall continue.
E. In addition to the above-provided penalties and punishment, the
Town Board may also maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with or to restrain
by injunction the offense against such chapter.