Town of Greenfield, NY Junkyards

By the adoption of this chapter, the Town Board of the Town of Greenfield 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 constitute a hazard to property and persons and a public nuisance. Such materials may be highly flammable and sometimes explosive. Such activities or businesses can constitute attractive nuisances to children and certain adults. The presence of such junkyards is unsightly and tends to detract from the value of surrounding land and property unless such areas are properly maintained and operated.

Occasional activities involving the public sale, by auction or otherwise, of secondhand personal property, not constituting an established business at one location, shall not be construed to be within the provisions of this chapter. Possession of not more than two unregistered cars or vehicles shall not be construed to be within the provisions of this chapter.

§ 65-2 Definitions.

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.

PERSON

An individual, an association, a partnership or a corporation.

§ 65-3 License required.

No person shall engage in or conduct on real property within the Town of Greenfield, 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 owner of the land shall be primarily responsible for such license in the absence of a showing that the premises are validly leased to some other person.

§ 65-4 Application for license.

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)

That he is a citizen of the United States.

(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 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 the 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 and the location of any streets or highways abutting or passing through such land.

In considering the application, the Town Board shall take into account the nature and development of the property surrounding the land described in the application, such as the proximity of churches, schools, 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 odors, smoke or other causes. The Town Board may also consider the type of road servicing the proposed location, the natural or artificial barriers protecting it from view, its proximity to established residential and recreational areas and the reasonable availability of other suitable sites for the junkyard purposes.

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 Greenfield 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 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 must meet such requirements before a license can be issued.

§ 65-5 License fee; term; transferability.

The fee for the license is hereby fixed in the sum of $100 for renewal and $1,000 for initial application, 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.

[Amended 8-10-2006 by L.L. No. 5-2006; 5-8-2008 by L.L. No. 1-2008]

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 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.

§ 65-6 Regulations for conduct of business.

The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.

The licensee must erect and maintain an eight-foot opaque fence of wood or of other material 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 150 feet from the boundary line thereof. All the materials dealt in by the licensee shall be kept within such fence at all times.

[Amended 12-28-1988 by L.L. No. 10-1988]

Where the topography, natural growth of timber or other considerations accomplish the purposes of this chapter in whole or part, the fencing requirements hereunder may be reduced by the Planning Board upon granting the license; provided, however, that such natural barrier conforms to the purposes hereof.

[Amended 12-28-1988 by L.L. No. 10-1988]

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.

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.

No automobile junkyard shall be located within 150 feet of any residential building (except that belonging to the owner of the junkyard), public park, church, educational center, nursing home, public building or other place of public gathering or any stream, lake, pond, marsh, swamp or other body of water.