[HISTORY: Adopted by the Town Board of the
Town of Galway 5-1-1965 as Ord. No. 3. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 89.
By the adoption of this chapter, the Town Board
of the Town of Galway declares its intent in so doing to be to regulate,
control and license the activities or businesses known as "auto graveyards,"
"junkyards" or "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 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 inflammable. The tires,
plastic seats, tops and other elements of such autos are also inflammable.
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 value of surrounding land and property unless such
areas are properly maintained and operated.
As used in this chapter, the following words
shall have the meaning indicated:
Passenger auto, truck, tractor-truck, trailer, bus or motorcycle.
An individual, an association, a partnership or a corporation;
provided, however, that nonprofit, charitable or religious organizations
shall be exempt from the provisions of this chapter.
No person shall engage in or conduct on real
property within the Town of Galway either for himself or for and on
behalf of any 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, 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 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.
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 the applicant 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 activity or business for which the license is sought.
(3)
A description of the exact type of business the applicant
intends to conduct.
(4)
The nature of the materials the applicant intends
to handle.
(5)
The approximate number of employees the applicant
intends to engage.
(6)
The name and address of the owner or owners of the
land and the nature of the right of occupancy 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 activity 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,
the location of the setback area 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.
C.
In the application, the applicant shall agree that
if granted the license applied for, he will conduct the activity or
business pursuant to the regulations hereinafter set forth and that
upon his failure to do so, such license may be revoked forthwith.
D.
A person presently engaged in or conducting an activity
or business such as described herein on real property within the Town
of Galway must apply for a license therefor within 50 days of the
adoption of this chapter. If the place where he conducts such activity
or business presently complies with the requirements a person must
meet to secure a license in the first instance, he shall be issued
a license therefor if he meets the other requirements contained herein.
If the place where he conducts such activity or business does not
presently comply with the requirements a person must meet to secure
a license in the first instance, he may be granted a temporary license
for three annual periods, during which years he must arrange the place
where he conducts such activity or business so that it does then comply
with the requirements a person must meet to secure a license in the
first instance. If at the end of such time such person has not so
arranged his place of such activity or business, he shall forthwith
cease and desist engaging in or conducting the same and shall remove
from such place any autos, parts or other materials of the nature
described herein.
A.
The annual fee for the license shall be as set forth
from time to time by resolution of the Town Board. Said fee 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.[1]
B.
Such license 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 new application for a 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.
E.
Such license may be revoked for good cause 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.
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 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.
All of the materials dealt in by the licensee must
be located at least 500 feet from any road or highway and at least
200 feet from any lot line; provided, however, that the Town Board
may, upon application made, waive the foregoing distance requirements
upon a showing that the area proposed to be utilized is not visible
from said road, highway or lot line because of natural or artificial
screening. The Town Board may revoke said waiver effective at the
expiration of any annual licensing period.
C.
The autos, parts and materials dealt in by the licensee
shall be disassembled or dismantled by usual and ordinary means and
shall be piled or arranged in neat rows so as to permit easy, clear
passage through the area.
D.
The area of the licensee's activity or business
shall not be used as a dump area nor as a place for disposal of junk
or trash.
E.
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.
C.
Conviction for any above-mentioned violation shall
constitute and effect an immediate forfeiture of the license.
D.
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.
