[HISTORY: Adopted by the Town Board of the
Town of Greenfield 7-6-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 105.
A.
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.
B.
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.
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.
An individual, an association, a partnership or a corporation.
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.
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)
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.
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 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.
C.
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.
D.
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.
E.
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.
A.
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]
B.
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.
C.
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.
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 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]
C.
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]
D.
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.
E.
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.
F.
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.
[Added 12-28-1988 by L.L. No. 10-1988]
G.
The junkyard shall be operated so as to minimize the
fire hazard therefrom and to prevent improper trespass thereon by
children and others.
[Added 12-28-1988 by L.L. No. 10-1988]
H.
All the materials dealt in by the operator of the
junkyard shall be kept within the fence at all times. Whenever the
junkyard is not open for business or temporarily not supervised, this
fence and any gate thereto shall be secured or locked to prevent entry.
Where a junkyard is or would be visible from a public highway or from
neighboring properties, the fence shall be of wood or other materials
sufficient to totally screen the junkyard from view.
[Added 12-28-1988 by L.L. No. 10-1988]
I.
Adequate means of fire protection shall be maintained
on the premises at all times.
[Added 12-28-1988 by L.L. No. 10-1988]
J.
The junkyard shall not be used as a dump area by the
public, and there will be no burning of automobiles or other materials
except in connection with the periodic crushing and removal of automobiles
or other materials from such yards in compliance with applicable New
York State law regarding outdoor burning.
[Added 12-28-1988 by L.L. No. 10-1988]
A.
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.
B.
For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more
than $250 or imprisonment not exceeding 15 days, or to both such fine
and imprisonment.
[Amended 12-28-1988 by L.L. No. 10-1988]
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 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.
E.
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.
