[HISTORY: Adopted by the Town Board of the Town of Clifton Park 10-16-1967
by L.L. No. 4-1967. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Local Law Providing
for Licensing and Regulating Automobile Graveyards and Junkyards."
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 and the general welfare of its citizens. It is
further declared that the unrestrained accumulation of junk motor vehicles
and other secondhand or used property 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
section.
As used in this chapter, the following terms shall have the meanings
indicated:
Any place of storage or deposit outside of a building where two or
more uninspected, inoperable or unregistered vehicles no longer intended or
in condition for legal use on the public highways are stored. Such term shall
include any place of storage or deposit outside of a building for any purpose,
including the reclamation or reuse of used or spare parts or waste materials
from vehicles which, taken together, equal in bulk to two or more such vehicles;
provided, however, that the term "junkyard" shall not be construed to mean
an establishment having facilities for processing iron, steel or nonferrous
scrap and whose principal produce is scrap iron, steel or nonferrous scrap
for sale for remelting purposes only. The term "junkyard" shall also be construed
to mean any place of storage or deposit outside of a building, whether in
connection with another business or not, where there is accumulated therein
and thereon any secondhand or used property of whatever material or any waste
material, whether composed of wood, paper, cloth, cardboard, plastics, metals,
stone, cement or otherwise, which, taken together, exceeds in bulk three cubic
yards. For the purpose of this section any place of storage in a carport or
similar structure, where such vehicle, parts thereof, or other items being
stored are visible from any public road or highway, shall be considered to
be outside of a building.
[Amended 11-20-1989 by L.L.
No. 21-1989; 8-20-2007 by L.L. No. 9-2007]
All vehicles propelled or drawn by power other than muscular power
originally intended for use on public highways.
An individual, an association, a partnership or a corporation.
No person shall operate, establish or maintain a junkyard until he has
obtained a license to operate a junkyard business and has obtained a certificate
of approval for the location of such junkyard.
Application for the license and the certificate of approved location
shall be made in writing to the Town Board, and the application shall be accompanied
by a certificate from the Zoning Inspector that the proposed location is not
within an established district restricted against such uses or otherwise contrary
to the prohibitions of any zoning ordinance or local law on zoning of the
Town of Clifton Park. The application shall contain a description of the land
to be included within the junkyard.
A hearing on the application shall be held by the Town Board 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 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 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 section.
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
the 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 churches,
schools, hospitals, public buildings or other places of public gathering,
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 the 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 other
suitable sites for the junkyard.
After the hearing, the Town 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 for a period of one
year from the date of issuance. Approval shall be personal to the applicant
and not assignable. Licenses shall be renewed thereafter upon payment of the
annual license fee without hearing, provided that all provisions of this chapter
are complied with during the license period, that the junkyard does not become
a public nuisance under the common law and that 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.
[Amended 2-28-1994 by L.L.
No. 1-1994; 8-20-2007 by L.L. No. 9-2007]
The annual license fee shall be $500, to be paid at the time the application
is made and annually thereafter in the event of renewal. In the event that
the application is not granted, the fee shall be returned to the applicant.
In addition to the license fee, the applicant shall pay to the town the cost
of advertising such application and such other reasonable costs incident to
the hearing as are clearly attributable thereto, and such costs shall be paid
to the Town Clerk prior to the publication of the notice of hearing.
A.
All junkyards shall be completely surrounded with an
opaque fence of wood or other material. The fence shall be at least eight
feet in height 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 80 feet to a
property line bordering on any public street or highway nor nearer than 50
feet to any existing dwelling house nor nearer than 15 feet to any property
line not bordering on any public street or highway. All motor vehicles and
parts thereof and all secondhand or used property, as hereinabove defined,
stored or deposited by the applicant shall be kept within the enclosure of
the junkyard except if removal shall be necessary for the transportation of
the same in the reasonable course of business, and in such cases of business
necessity, no such vehicle or part thereof shall be kept outside the enclosure
for more than two business days. Motor vehicles shall not be piled higher
than two motor vehicles piled one upon the other, nor to any height higher
than the fence enclosing said junkyard. All wrecking or other work on such
motor vehicles and parts and other secondhand or used property as hereinabove
defined and all burning of the same within the vicinity of the junkyard shall
be accomplished within the enclosure.
[Amended 8-20-2007 by L.L. No. 9-2007]
B.
Where the topography, natural growth of timber or other
considerations accomplish the purposes of the 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 to the
purposes of this chapter.
[Amended 2-28-1994 by L.L.
No. 1-1994]
A.
Each license granted to an applicant shall expire on
December 31 of each year and must be renewed by the owner or license within
30 days from expiration. The Zoning Code Enforcement Officer or his designee
shall inspect the premises and advise the Town Clerk as to whether the location
is in compliance with all necessary zoning requirements. No license shall
be renewed by the Town Clerk absent the approval of the Zoning Code Enforcement
Officer or his designee.
B.
Failure to renew the license on a timely basis as set forth above or refusal of the Zoning Code Enforcement Officer or his designee to approve the license renewal shall necessitate a new application for a license, requiring compliance with the hearing provisions of § 138-1 et seq. of the Town Code.
C.
Any notification and/or determination from the Zoning
Code Enforcement Officer or his designee to the applicant shall be made in
writing by sending a letter certified mail, return receipt requested.
Notwithstanding any of the foregoing provisions of this chapter, no
junkyard hereafter established shall be licensed to operate if such yard or
any part thereof shall be within 500 feet of a church, school, hospital, public
building or place of public assembly.
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.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more than
$500 or imprisonment not exceeding 30 days, or to both such fine and imprisonment.
[Amended 8-20-2007 by L.L. No. 9-2007]
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 such chapter.
