[HISTORY: Adopted by the Town Board of the Town of Beekman 6-16-1960. Amendments noted where applicable.]
A.
By
the adoption of this chapter, the Town Board of the Town of Beekman
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.
B.
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 engine and other parts of such autos are frequently covered with
grease and oil which is 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 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:
Includes passenger autos, trucks, tractor-trucks, trailers,
buses, motorcycles or other vehicles, however propelled, as well as
tractors, bulldozers, machinery and equipment.
The production, preservation, processing and sale of agricultural
products, livestock and poultry and dairy products.
Any garage other than a private garage operated for gain
and which is used for storage, repair, rental, greasing, washing,
servicing, adjusting or equipping of automobiles other than motor
vehicles.
Legal use of land which does not conform to the regulations
of this chapter.
An individual, an association, a partnership or a corporation.
No person shall engage in or conduct on real property within
the Town of Beekman, 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 therefor
as hereinafter provided. Excepted herefrom are:
A.
Each
applicant for a license hereunder shall execute under oath an application
therefor, to be supplied to him by the Town Clerk, which shall contain
the following information:
(1)
That the applicant is over 21 years of age.
(2)
Whether he has ever been convicted of a felony or misdemeanor and
such other facts or evidence as is deemed necessary to establish that
he is a person fit and capable of properly conducting the activities
or business for which the license is sought.
(3)
A description of the exact type of business he intends to conduct
and the nature of the materials he intends to handle.
(4)
The number of employees he intends to engage.
(5)
The name and address of the owner or owners of the land and the nature
of the right of occupance of the applicant to the use of such land.
B.
At
the time of making the application, the applicant shall submit to
and file with the Town Clerk a map or plan of the real property upon
which he intends to conduct the activities or business for which he
is making application for a license hereunder, with the area of such
real property which it is proposed to use for such purpose and the
location of the fence required hereunder indicated thereon, as well
as the location of any buildings on such land and the location of
any streets or highways abutting or passing through such land, the
location of any water, sewer or gas mains or laterals available thereto
as well as the general pattern of such land.
C.
In
the application, the applicant shall agree that, if granted the license
applied for, he will conduct the activities or business pursuant to
the regulations hereinafter set forth and that, upon his failure to
do so, such license may be revoked forthwith.
A person presently engaged in or conducting an activity or business
such as described herein on real property within the Town of Beekman
on the effective date of this chapter or any amendment date thereafter
may conduct such activity or business without change, indefinitely
except as herein provided. This provision shall also apply to his
grantees, successors or assigns. Such nonconforming use is subject
to the following provisions:
A.
Such
nonconforming use shall be limited to the confines of the areas in
use at the time the use becomes nonconforming, unless permission from
the proper authorities permitting expansion is obtained. Before such
permission is granted, proof shall be submitted that the proposed
expansion will not increase the nonconforming characteristics of the
use and lot.
B.
If
any such nonconforming use enterprise ceases to operate for a continuous
period of two years for any reason other than the required participation
of an owner, grantee, successor or assign or essential personnel of
either in the military service, the right to use the premises for
a nonconforming use shall be terminated. Such person as heretofore
described must apply for a certificate of exemption therefor within
30 days of the adoption of this chapter. If the person conducting
such activity or business is not the sole owner thereof, he shall
state such fact at the time he applies for his certificate of exemption,
and the Town Clerk, at the time of issuing such certificate of exemption,
shall send the owner or either of them a notice of the issuance of
such certificate of exemption, together with a copy of this chapter.
A.
The
fee for the license is hereby fixed in the sum of $25, which sum covers
not only the cost of issuing the license itself but also the cost
of making the necessary inspections of the premises to ascertain compliance
with the regulations hereinafter prescribed.
B.
Such
license and/or exemption certificate shall be placed and at all times
displayed in a conspicuous place at the licensee's place of activity
or business for which it is issued.
C.
Such
license shall be effective from the date of its issuance until the
31st day of December of the year of such issuance, after which a new
application for license must be made yearly if the licensee desires
to continue such activity or business.
D.
Such
license is personal with the licensee. It does not go with the title
of the land, nor may it be sold, assigned, transferred or disposed
of except in the case of a nonconforming use.
E.
Such
license may be revoked by the Town Board after a public hearing thereon
at which the licensee shall have an opportunity to be heard. Upon
revocation of a license, the Town Board may require the removal of
autos, parts and materials left as above provided in the case of an
applicant for a temporary license who fails to qualify for a license.
F.
In
the event that an applicant for a license as provided herein shall
have previously been duly issued a valid and effective junk dealer's
license by the Supervisor of this Town, pursuant to the provisions
of Article 6 of the New York State General Business Law, then such
applicant shall be entitled to and allowed a credit against the above-provided
license fee in the amount of $5, such junk dealer's license fee
actually paid by such applicant; otherwise, this chapter shall be
fully binding upon and applicable to the holder of any such junk dealer's
license.
A.
The
licensee must personally manage or be responsible for the management
of the activity or business for which the license is granted.
B.
The
licensee must maintain an office and a sufficient number of employees
on the premises to assure the proper and safe conduct of such activity
or business, to minimize the fire hazard therefrom and to prevent
improper trespass thereon by children and others.
C.
The
licensee must erect and maintain a six-foot wire fence of close mesh
or one made of wood or a planting of evergreen shrubbery used to conceal
one area from the view of another area, adequate to prohibit the entrance
of children and others into the area of the activity of business and
to contain within such fence the materials dealt in by the licensee;
and if such area abuts a residential area or public street or highway,
such fence shall be 25 feet from the boundary line thereof. All the
materials dealt in by the licensee shall be kept within such fence
at all times.
D.
Inside
and adjacent to and contiguous with such fence, a strip of land at
least 10 feet in width shall be kept free of all dry grass or other
growth or other combustible materials so as to provide a fire lane
or line around the whole area where the activity or business of the
licensee is being conducted.
E.
The
autos, parts and materials dealt in by the licensee shall be disassembled
or dismantled by means other than by burning. They shall be piled
or arranged in neat rows so as to permit easy, clear passage through
the area.
F.
There
shall be maintained at each such place of activity or business for
which a license is issued at least one fire extinguisher of approved
design and capacity for each 40,000 square feet of area. Each such
fire extinguisher shall be hung or mounted in a conspicuous place,
clearly marked and available.
G.
When
the area is not supervised by the licensee or his employees, the fence
shall be locked at a secure gate in a secure manner.
H.
Suitable
sanitary facilities shall be available, connected to approved public
sewers or septic tanks, for the use and convenience of the employees,
if any, of the licensee as well as the general public visiting the
area.
I.
The
area of the licensee's activity or business shall not be used
as a dump area nor as a place for the burning and disposal of junk
or trash.
J.
The
Town police, the Town Clerk or the Town Board or any of its representatives
shall be granted access to the area of the activity or business of
the licensee at all reasonable hours to inspect the same for compliance
herewith.
A.
The
owner or licensee of any such place of business 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.
Any
person committing an offense against any provision of this chapter
shall be guilty of a violation and, upon conviction thereof, shall
be punishable for each offense by a fine of not more than $250 or
by imprisonment for not more than 15 days, or both.
[Amended 7-10-1990 by L.L. No. 5-1990]
C.
Conviction
for any above-mentioned violation 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 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 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 this chapter.
