By the adoption of this chapter, the Town Board of the Town of Albion
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.
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 even in areas zoned for business
or industry is unsightly and tends to detract 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:
AUTO
Passenger auto, truck, tractor truck, trailer, bus, motorcycle or
other vehicle, however propelled, as well as tractors, bulldozers, machinery
and equipment.
JUNK DEALER
Any person who acquires, buys, stores or collects within the Town
of Albion any variety of old metals, paper or rags or old or broken-down machinery
of any kind with the intent to resell same, whether in its original state
or after being reduced to scrap metal.
[Amended 4-14-1989 by L.L.
No. 1-1989]
JUNKYARD
A place of storage or deposit, whether in connection with another
business or not, where motor vehicles, engines, bulldozers, cranes and other
construction equipment, airplanes, boats, major household appliances, furniture,
farm machinery or other large equipment or the parts thereof are held, whether
for the purpose of resale of used parts therefrom, for the purpose of reclaiming
for use some or all of the materials thereof, whether metal, glass, fabric
or otherwise, for the purpose of disposing of the same or for any other purpose.
By the open storage or deposit of any two such items or of the parts thereof
such that the recombination of such parts would be substantially similar to
two such items, a rebuttable presumption is created that such open storage
or deposit is a junkyard. The presumption may be rebutted by such evidence
as a currently valid motor vehicle registration, together with proof of insurance
coverage and a current inspection with respect to motor vehicles or, with
respect to such other items, evidence demonstrating current fitness for the
original intended purpose, as well as evidence that such storage or deposit
is of a temporary nature; 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. Automobile
junkyards as defined in the General Municipal Law, § 136, shall
be included within this definition.
[Amended 4-14-1989 by L.L.
No. 1-1989]
PERSON
An individual, an association, a partnership, a corporation.
No person shall engage in or conduct on real property within the Town
of Albion 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.