[HISTORY: Adopted by the Town Board of the Town of Marbletown 11-1-1967.
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 Town of Marbletown and the general welfare of its citizens. It is further
declared that the unrestrained accumulation of junk is a hazard to such health,
safety and welfare of citizens of the Town 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
chapter.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
Any place of storage, deposit or sale of waste paper, rags, old lumber,
scrap metal, old household appliances and plumbing fixtures, or discarded
material or items, or for the collecting, dismantling, storage, salvaging
of machinery, motors, or other discarded assembly units and for the sale of
parts thereof unless the same are fully enclosed within a building.
No person shall operate, establish or maintain a junkyard until he has
obtained:
Application for the license and the certificate of approved location
shall be made in writing to the Town Board of the Town of Marbletown. The
application shall contain a description of the land to be included within
the junkyard. Notwithstanding any of the provisions of this chapter, no junkyard
shall be licensed to operate if such yard or any part thereof shall be within
1,000 feet of a church, school, public building or place of public assembly.
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
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 the 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 purposes of this chapter.
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 homes, churches,
schools, public buildings or other places of public gatherings, 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 suitable sites for the junkyard.
After hearing the governing 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
January 1. Approval shall be personal to the applicant and not assignable.
Licenses shall be renewed annually as of January 1 in each year 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 in an amount as set from time to time
by the Town Board, 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 issuance of the license shall be conditional upon payment of
same.
A.
Before use, every 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 and
shall be well maintained and neat in appearance. All such 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 junk and all burning
of same within the vicinity of the junkyard shall be accomplished within the
enclosure.
B.
Where the topography, natural growth of timber or other
considerations 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 the chapter.
A.
The owner or licensee of any such junkyard who commits
or permits any acts in violation of any of the provisions of this chapter
shall be deemed to have committed an offense against such chapter, and also
shall be liable for any such violation or the penalty therefor. Each day such
violation shall continue or be permitted to exist shall constitute a separate
violation.
B.
For every violation of any provision of this chapter
the person violating the same shall be subject to a fine of not more than
$250 or imprisonment not exceeding 15 days, or by both such fine and imprisonment.[1]
C.
Conviction for violation of this chapter shall constitute
and effect an immediate forfeiture of the license.
D.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectable by the Town in the amount of $100
for each such offense. Such penalty shall be collectable by and in the name
of the Town for each day that such violation 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 violation of such chapter.
