[HISTORY: Adopted by the Town Board of the Town of Wallkill 4-27-1961. Amendments noted where applicable.]
By the adoption of this chapter the Town Board of the Town of Wallkill 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 inflammable and sometimes explosive. Gasoline tanks on old autos often contain in some quantity combustible gasoline; the engines and other parts of such autos are frequently covered with grease and oil, which is also inflammable. The tires, plastic seats, tops and other elements of such autos are also inflammable. 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.
For the purpose of this chapter, the terms used herein are defined as follows:
- Passenger auto, truck, tractor-truck, trailer, bus, motorcycle or other vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment.
- An individual; an association; a partnership; a corporation.
No person shall engage in or conduct on real property within the Town of Wallkill, 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. The outdoor storage of any property or materials as above referred to for a period of 15 days shall raise a presumption that this chapter applies.
This chapter shall not apply to those activities necessary in conducting the business of dealing in new or used automobiles where the person engaged in such business is a licensed dealer under the Vehicle and Traffic Law.
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:
That the applicant is over 21 years of age.
That he is a citizen of the United States.
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 activity or business for which the license is sought.
A description of the exact type of business he intends to conduct.
The nature of the materials he intends to handle.
The number of employees he intends to engage.
The name and address of the owner or owners of the land and the nature of the right of occupancy of the applicant to the use of such land.
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 activity 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 buildings 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.
In the application, the applicant shall agree that if granted the license applied for, he will conduct the activity or business pursuant to the regulations hereinafter set forth and that, upon his failure to do so, such license may be revoked forthwith.
A person presently engaged in or conducting an activity or business such as described herein on real property within the Town of Wallkill must apply for a license therefor within 30 days of the adoption of this chapter. If the place where he conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instance, he shall be issued a license therefor if he meets the other requirements contained herein. If the place where he conducts such activity or business does not presently comply with the requirements a person must meet to secure a license in the first instance, he may be granted a temporary license for one year, during which year he must arrange the place where he conducts such activity or business so that it does then comply with the requirements a person must meet to secure a license in the first instance. If, at the end of such year, such person has not so arranged his place of such activity or business, he shall forthwith cease and desist engaging in or conducting the same and shall remove from such place any autos, parts or other materials of the nature described herein.
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 temporary license, and the Town Clerk at the time of issuing such temporary license shall send the owners or each of them a notice of the issuance of such temporary license to such person, together with a copy of this chapter.
The fee for the license 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.
[Amended 3-23-2006 by L.L. No. 3-2006]
Such license 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.
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 license must be made yearly if the licensee desires to continue such activity or business.
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.
Such license may be revoked by the Town Board after a public hearing thereon 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 materials left, as above provided in the case of an applicant for a temporary license who fails to qualify for a license.
Licenses shall be issued by the Town Clerk or by the Building Inspector or any other officer, appointee or designee as provided by resolution of the Town Board.
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 this town, 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 for 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.
All fees required to be paid pursuant to this chapter shall be set by resolution of the Town Board.
[Added 3-23-2006 by L.L. No. 3-2006]
The named licensee only must manage or be responsible for the management of the activity or business for which the license is granted.
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.
The licensee must erect and maintain an eight-foot solid wall or fence, uniform in finish and appearance, or an effective living screen of evergreen-type, 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. Such fence shall be at least 100 feet from any highway right-of-way line or adjoining property line, except where the licensee is in business on the effective date hereof and where the present area of business is less than 100 feet from the highway or boundary, in which case the fence must be set to enclose the present area of business and must be not less than 25 feet from any highway line. All the materials dealt in by the licensee shall be kept within such fence at all times. In no case shall such materials be stored so as to exceed the height of the wall or fence or be visible from any public highway.
Inside and adjacent to and contiguous 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 material so as to provide a fire lane or line around the whole area where the activity or business of the licensee is being conducted.
The autos, parts and materials shall not be cut, dismantled or burned unless all gasoline, fuel or explosive material is first removed; no burning shall be permitted unless a special permit therefor, limiting the place of burning, shall be obtained from the Town Building Inspector or the Town Clerk, and no burning in any event shall be permitted so as to create a fire hazard or public nuisance. The autos, parts and materials, etc., shall not be piled higher than the fence herein required and shall be piled or arranged in neat rows so as to permit easy, clear passage through the area.
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.
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.
Suitable sanitary facilities shall be available, connected to approved public sewers or septic tanks, for the use and convenience of the employees of the licensee as well as the general public visiting the area.
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, and any such burning is a violation hereof.
The Town Constable or police, the Town Clerk of 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.
Where the entire business or activity regulated hereunder is conducted within a building or buildings so that the same is completely enclosed within the building, then the foregoing provisions requiring a fence shall not apply.
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.
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $100 or imprisonment not exceeding 30 days, or both such fine and imprisonment.
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.
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.
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.