[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.
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.
A.
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.
B.
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.
A.
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.[1]
B.
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]
C.
Conviction for violation of this chapter 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 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]
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.
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.
