[HISTORY: Adopted by the Town Board of the Town of Harrison 11-14-1968 by L.L. No. 3-1968. Amendments noted where applicable.]
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the town and the safeguarding of their material rights against unwarrantable invasion, and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town of Harrison and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk motor vehicles is a hazard to such health, safety and welfare of citizens of the town, necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of junkyards, as hereinafter defined, is a useful and necessary business and ought to be encouraged when not in conflict with the express purpose of this chapter.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles no longer intended or in condition for legal use on the public highways 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 therein, whether metal, glass, fabric or otherwise; for the purpose of disposing of the same; or for any other purposes. Such terms shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; 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.
- MOTOR VEHICLE
- All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
- The Town of Harrison.
No person shall operate, establish or maintain a junkyard until he has obtained a license to operate a junkyard business and has obtained a certificate of approval for the location of such junkyard.
Application for the license and the certificate of approved location shall be made, in writing, to the Town Board of the Town of Harrison. The application must be accompanied by a certificate from the Zoning Board of Appeals that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of the Zoning Ordinance of the Town of Harrison. The application shall contain a description of the land to be included within the junkyard. Notwithstanding any of the provisions of this chapter, no junkyard shall be licensed to operate if such yard or any part thereof shall be within 500 feet of a church, school, hospital, public building or place of public assembly.
A hearing on the application shall be held within the town not less than two nor more than four weeks from the date of the receipt of the application by the Town Board. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the town, which publication shall be not less than seven days before the date of hearing.
At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junkyard, to any record of convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this chapter.
At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junkyard. In passing upon same, it shall take into account, after proof of legal ownership or right of such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, 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 offensive or unhealthy odors or smoke or of other causes.
At the hearing regarding location of the junkyard, the Town Board may also take into account the clean, wholesome and attractive environment, which has been declared to be of viral importance to the continued general welfare of its citizens, by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection, the Town Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, and the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of suitable sites for the junkyard. Junk shall not be visible above the fence.
After hearing, the governing Board shall, within two weeks, make a finding as to whether or not the application should be granted, giving notice of its finding to the applicant by mail postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued to remain in effect until the following January 1. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed annually as of January 1 in each year upon payment of the annual license fee without hearing, provided that all provisions of this chapter are complied with during the license period, the junkyard does not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods. The determination of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules.
[Amended 2-21-2007 by L.L. No. 1-2007]
The annual license fee shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code, to be paid at the time the application is made and annually thereafter in the event of renewal. In the event that the application is not granted, the fee shall be returned to the applicant. The Town, in addition to the license fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto, and issuance of the license shall be conditional upon payment of same.
Before use, every junkyard shall be completely surrounded by a fence at least eight feet in height which completely screens and with a suitable gate which shall be closed and locked, except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected not nearer than 50 feet to a public highway. All motor vehicles and parts thereof stored or deposited by the applicant shall be kept within the enclosure of the junkyard, except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and all burning of same within the vicinity of the junkyard shall be accomplished within the enclosure.
Where the topography, natural growth of timber or other considerations accomplish the purposes of this chapter in whole or in part, the fencing requirements hereunder may be reduced by the Town Board upon granting the license; provided, however, that such natural barrier conforms to the purposes of this chapter.
The owner or licensee of any such junkyard 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 week that such violation shall continue or be permitted to exist shall constitute a separate violation.
For every violation of any provisions of this chapter, the person violating the same shall be subject to a fine of not more than $100.
[Amended 2-19-1986 by L.L. No. 2-1986]
Conviction for violation of this chapter shall constitute and effect an immediate forfeiture of the license.
Any person violating this chapter shall be subject to a civil penalty enforceable and collectable by the town in the amount of $100 for each such offense. Such penalty shall be collectable by and in the name of the town for each week that such violation shall continue.
[Amended 2-19-1986 by L.L. No. 2-1986]
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.
For the purpose of this chapter, the location of junkyards already established shall be considered approved by the governing Board of the municipality where located and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish the governing Board the information as to location which is required in an application, together with the license fee, and the governing Board shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in § 165-11.