[HISTORY: Adopted by the Town Board of the Town of Union Vale 10-3-1961
(Ch. 59 of the 1983 Code). Amendments noted where applicable.]
By the adoption of this chapter, the Town Board of the Town of Union
Vale 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.
The 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 are 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 is unsightly and tends to distract
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:
Passenger, auto, truck, tractor-truck, trailer, bus, motorcycle or
other vehicle, however propelled, as well as tractors, bulldozers, machinery
and equipment.
The production, preservation, processing and sale of agricultural
products, livestock and poultry and dairy products.
Any garage other than a private garage operated for gain and which
is used for storage, repair, rental, greasing, washing, servicing, adjusting
or equipment of automobiles other than motor vehicles.
Legal use of land which does not conform to the regulations of this
chapter.
An individual, association, partnership or corporation.
A.
No person shall engage in or conduct on real property
within the Town of Union Vale 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 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.
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 he 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 activities or business
for which the license is sought.
(3)
A description of the exact type of business he intends
to conduct.
(4)
The nature of the materials he intends to handle.
(5)
The number of employees he intends to engage.
(6)
The name and address of the owner or owners of the land.
(7)
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 activities 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 fence required
hereunder indicated thereon, as well as the location of any building on such
land and the location of any streets or highways abutting or passing through
such land, and the location of any water, sewer or gas mains or laterals available
thereto, as well as the general drainage pattern of such land.
C.
In the application, the applicant shall agree that, if
granted the license applied for, he will conduct the activities or business
pursuant to the regulations herein set forth and that, upon his failure to
do so, such license may be revoked forthwith.
A.
A person presently engaged in or conducting an activity
or business such as described herein on real property within the Town of Union
Vale on the effective date of this chapter or any amendment date thereafter
may be conducted indefinitely without change, except as herein provided. This
provision shall also apply to his grantees, successors or assigns. Such nonconforming
use is subject to the following provisions:
(1)
Such nonconforming use shall be limited to the confines
of the areas in use at the time the use becomes nonconforming, unless permission
from the proper authorities permitting expansion is obtained. Before such
permission is granted, proof shall be submitted that the proposed expansion
will not increase the nonconforming characteristics of the use and lot.
(2)
If any such nonconforming use enterprise ceases to operate
for a continuous period of two years for any reason other than the required
participation of an owner, grantee, successor or assign or essential personnel
of either in the military service, the right to use the premises for a nonconforming
use shall be terminated.
B.
Such person as heretofore described must apply for a
certificate of exemption therefor within 30 days of the adoption of this chapter.
If the person conducting such activity or business is not the sole owner thereof,
he shall state such fact at the time he applies for his certificate of exemption,
and the Town Clerk at the time of issuing such certificate of exemption shall
send the owner or either of them a notice of the issuance of such certificate
of exemption to such person, together with a copy of this chapter.
The fee for the license shall be in the sum as set from time to time
by resolution of the Town Board, which sum 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.
Such license and/or exemption certificate 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.
A.
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 a new application for a license must be made yearly if the licensee
desires to continue such activity or business.
B.
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 except in the case of a nonconforming use.
Such license may be revoked by the Town Board after a public hearing
hereon, 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 material left as provided above in the case of an applicant for
a temporary license who fails to qualify for a license.
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 the Town of Union Vale, 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 $5, 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.
The licensee must maintain an office and a sufficient
number of employees on the premises to assure the proper and safe conduct
of such activity or business, to minimize the fire hazard therefrom and to
prevent improper trespass thereon by children and others.
C.
The licensee must erect and maintain a six-foot wire
fence of close mesh or one made of wood or a planting of evergreen shrubbery
used to conceal one area from the view of another area, adequate to prohibit
the entrance of children and others into the area of the activity or business
and to contain within such fence the materials dealt in by the licensee. If
such area abuts a residential area or public street or highway, such fence
shall be 25 feet from the boundary line thereof. All the materials dealt in
by the licensee shall be kept within such fence at all times.
D.
Inside and adjacent to and continuous with such fence,
a strip of land at least 10 feet in width shall be kept free of all dry grass
or other growth or other combustible materials so as to provide a fire lane
or line around the whole area where the activity or business of the licensee
is being conducted.
E.
The autos, parts and materials dealt in by the licensee
shall be disassembled or dismantled by means other than by burning. They shall
be piled or arranged in neat rows so as to permit an easy, clear passage through
the area.
F.
There shall be maintained at each such place of activity
or business for which a license is issued at least one fire extinguisher of
approved design and capacity for each 40,000 square feet of area. Each such
fire extinguisher shall be hung or mounted in a conspicuous place, clearly
marked and available.
G.
When the area is not supervised by the licensee or his
employees, the fence shall be locked at a secure gate in a secure manner.
H.
Suitable sanitary facilities shall be available and connected
to approved public sewers or septic tanks for the use and convenience of the
employees, if any, of the licensee, as well as the general public visiting
the area.
I.
The area of the licensee's activity or business shall
not be used as a dump area nor as a place for the burning and disposal of
junk or trash.
J.
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 or 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 be liable for any such violation or the penalty therefor. Each day
that 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 in violation of the same shall be subject to a fine of not more
than $250 or imprisonment not exceeding 15 days, or by both such fine and
imprisonment.
[Amended 12-10-1979 by L.L.
No. 7-1979]
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 as provided in Subsection B above 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.
[Amended 12-10-1979 by L.L.
No. 7-1979]
In addition to the above-provided penalties and punishments, 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.
