[HISTORY: Adopted by the Town Board of the
Town of Islip 1-19-1982; amended in its entirety 3-10-2009. Amendments noted where applicable.]
A clean, wholesome, attractive environment is
declared to be of importance to the health, safety and general welfare
of the inhabitants of the Town of Islip. It is further declared that
the unrestrained accumulation of junk is a hazard to such health,
safety and welfare of citizens of the Town of Islip, necessitating
the regulation and restraint thereof.
As used in this chapter, the following terms
shall have the meanings indicated:
Scrapped, discarded or waste objects.
A place where junk is stored outdoors. A "junkyard" shall
include a place where motor vehicles or trailers are dismantled and
parts thereof are stored, bought, sold or await future disposal as
scrap.
Any individual, partnership, association, firm, corporation
or any and all combinations of individuals acting in concert.
An establishment engaged primarily in the purchase, processing
and shipment of ferrous and/or nonferrous scrap, the end product of
which is the production of raw material for remelting purposes for
steel mills, foundries, smelters, refineries and similar users.
No person shall establish, operate or maintain
a junkyard or a scrap metal processing facility until he has obtained
a license to do so from the Town Clerk.
To obtain a license to establish, operate or
maintain a junkyard or a scrap metal processing facility, an applicant
must submit to the Town Clerk an application, in proper form, as prescribed
by the Town Clerk. If any of the information supplied should change
during the life of the license issued hereunder, the applicant shall
advise the Town Clerk within 10 days of said change.
A.
A license issued hereunder shall expire June 30 of
the year in which it was granted, and be renewable annually thereafter
as of July 1, provided that all provisions of this chapter and other
pertinent law, regulations and ordinances of the Town of Islip have
been complied with during the license period and the licensee has
not been convicted of larceny or of knowingly receiving stolen goods,
or of a violation of Article 6 of the General Business Law.
B.
The license is granted personally to the applicant
and is not assignable.
The license fee of $250 is to be paid at the
time of filing the application.
A.
The license shall be conspicuously posted in the office
of the junkyard or scrap metal processing unit or other appropriate
location.
B.
No junk shall be burned on the premises in the open,
except in accordance with fire codes or other applicable provisions
of law governing burning with open fires.
C.
All junk shall be arranged in an orderly manner so
as to permit easy and clear passage to and through all areas of the
junkyard or scrap metal processing facility.
Before use, a new junkyard or scrap metal processing
facility shall be surrounded by a fence eight feet in height, composed
of chain link with stockade attached and with a suitable gate which
shall be closed and locked except during the working hours of such
junkyard or scrap metal licensing facility. Such fence shall be erected
not less than 50 feet from a public highway and shall screen the junk
from public view. All junk shall be kept within the fence except as
removal shall be necessary for the transportation of same in the reasonable
course of the junkyard or scrap metal processing facility operation.
None of the requirements of this section may be modified or altered
except upon approval by the Planning Board and acceptance by the Town
Board and upon reaching a determination that such modification or
alteration will conform to and be in compliance with the purposes
of this chapter.
A.
The owner or licensee of any such junkyard or scrap
metal processing facility who commits or permits any acts in violation
of any of the provisions of this chapter shall be deemed to have committed
an offense and be liable for 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 $1,000 or imprisonment not exceeding 15 days, or both such fine
and imprisonment.
If any provision of this chapter shall be adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not affect the remainder of this chapter.
This chapter shall take effect upon its adoption
and its publication as prescribed by § 133 of the Town Law.
