As used in this article, the following terms shall have the
meaning indicated:
MOTOR VEHICLE DISMANTLING BUSINESS
Includes the buying or receiving of end-of-life or secondhand
motor vehicles, disassembled motor vehicles, parts and accessories
and/or the crushing or reduction in size of motor vehicles by means
other than by the operation of a shredder for the purpose of decommissioning,
remodeling, taking apart or reselling the same for scrap or the buying,
storage or selling of parts of secondhand or end-of-life motor vehicles
or tires or assembling of secondhand motor parts.
A public hearing shall be held before the Zoning Board of Appeals pursuant to §
213-15 of this chapter prior to the granting of a special exception permit pursuant to this article.
One parking stall shall be required for every 150 square feet
of office area plus one parking stall for every employee plus three
parking stalls for visitors.
The Zoning Board of Appeals may limit hours of operation upon
a finding that such a limit is necessary to the standards set forth
in this article.
[Amended 4-27-2022 by L.L. No. 10-2022]
A. Any person, owner, lessee, occupant, or entity in charge who allows, permits or suffers the existence of a motor vehicle dismantling facility, as defined in §
213-435, without a license within the Town of Babylon shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $5,000 and not more than $10,000 or imprisonment for a period not to exceed one year, or both.
B. At the sole discretion of the Town Attorney, an offense based on
a violation of this chapter may be reduced to an "attempted offense"
as established by the New York State Penal Law § 110.00.
Penalties for the reduced charge of attempt shall be:
(1)
Any person, entity or firm who shall attempt to violate any
provision of this chapter shall be guilty of an offense and, upon
conviction thereof, a fine of not less than $2,500 nor more than $5,000
must be imposed, and a term of imprisonment for a period not to exceed
15 days may be imposed, or both.
C. Any person
found by the Bureau of Administrative Adjudication to have violated
this article shall be subject to a monetary penalty of not less than
$2,500 nor more than $10,000.