Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Commercial and business activities — See Ch. 19.
Peddlers — See Ch. 36.
Licensing — See Ch. 54.

§ 42-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
JUNK
Old wood, paper, cloth or metal, including old automobiles, trucks, equipment and machinery not usable as originally designed, and also including any portions of such old automobiles, trucks, equipment and machinery as are or may be sold as and for "junk."
JUNK DEALER
Any person, association, partnership or corporation engaged in the business of buying and/or selling junk.
SCRAP METAL PROCESSING FACILITY
An establishment engaged primarily in the purchase, processing and shipment of ferrous and/or nonferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills, foundries, smelters, refineries and similar users.
SCRAP PROCESSOR
Any person, association, partnership or corporation operating and maintaining a scrap metal processing facility.
VEHICLE DISMANTLER
Any person, association, partnership or corporation engaged in the business of acquiring motor vehicles or trailers for the purpose of dismantling the same for parts or reselling such vehicles as scrap.

§ 42-2 License required.

All junk dealers, scrap processors and vehicle dismantlers who maintain a place of business in the Town of Brookhaven are hereby required to obtain a license from the Town Clerk of the Town of Brookhaven to operate and maintain said junk business, scrap metal processing facility or vehicle dismantling facility within said Town. To obtain such license, the applicant must submit to the Town Clerk an application, in affidavit form and duly verified, which application must include the following information:
A. 
Whether the applicant has been convicted of larceny or knowingly receiving stolen property or any violation of Article 6 of the General Business Law since January 1, 1933.
B. 
The location of all premises where said applicant stores junk, permanently or temporarily, in the Town of Brookhaven, including all premises where it is contemplated that junk may be stored in the subsequent 12 months. In the event that additional premises are used for junk storage and if such premises were not included in the previous application, the applicant is required to file a supplementary application including all of the information and in the same form and subject to the same conditions as the original application. If such supplementary application is duly approved, a supplementary license will be issued without further cost.
C. 
The zoning classification in which each of the premises described in Subsection B hereof is situated.
D. 
A statement whether each of said premises as described in Subsection B hereof complies with Chapter 85, Zoning, of the Town of Brookhaven in all respects, with special notation whether the premises are surrounded on all sides by a solid fence at least eight feet in height.
E. 
A statement that the applicant will not employ any child under 16 years of age in connection with said junk business.
F. 
The date at which the applicant commenced his junk business in the Town of Brookhaven, said date being the earliest date in which continuous operation of such business began. Also, the date that the premises described in Subsection B hereof were first and continuously used for the storage of junk.
G. 
Such other information as the Town Clerk deems necessary for the proper processing of the application.

§ 42-3 Issuance of license; revocation.

Upon receipt of said application, the Town Clerk shall cause to have made an investigation of the material facts contained therein. If, after such investigation, the Town Clerk determines that the applicant is duly qualified to operate a junk business, scrap metal processing facility or vehicle dismantling facility in the Town of Brookhaven, then a license to transact such business shall be issued to said applicant. However, such license may be revoked whenever it is determined that the holder of such license fails to engage in such business in a proper manner. Prior to revoking any such license, a hearing shall be held on not less than the 48 hours' written notice to the licensee. Said hearing shall be held before a panel consisting of the Town Attorney, the Commissioner of Planning, Environment and Development and the Commissioner of Public Safety, or their designees. If a majority of said panel votes to revoke said license, the Town Clerk shall cause said license to be revoked. Said revocation may be appealed to the Town Board by the licensee.

§ 42-4 Types of licenses.

[Amended 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017]
There shall exist the following types of licenses:
A. 
Junk dealer's license.
B. 
Scrap processor's license. A scrap processor's license shall also entitle the holder to be a junk dealer, provided that all applicable state and local laws, rules and regulations are complied with.
C. 
Vehicle dismantler's license. A vehicle dismantler's license shall also entitle the holder to be a junk dealer and scrap processor, provided that all applicable state and laws, rules and regulations are complied with.

§ 42-5 Site requirements.

In addition to all other requirements imposed by state or local law, rule or regulation, no person, association, partnership or corporation may engage in the business of a junk dealer, scrap processor or vehicle dismantler unless the following items have been complied with:
A. 
A site plan has been approved by the Planning Board of the Town of Brookhaven when such site plan is required by Chapter 85 of the Town Code.
B. 
A certificate of occupancy, certificate of existing use or certificate of zoning compliance exists for the site and all improvements contained thereon.
C. 
An eight-foot-high solid fence surrounds all sides of the premises.
D. 
In the event that vehicle dismantling is to take place, a vehicle dismantling pad must be installed, used and maintained in conformance with the requirements of the Director of the Division of Environmental Protection. Said Director shall promulgate minimum standards for vehicle dismantling pads and shall cause to be mailed copies of said standards to all licensees whenever said standards are adopted or modified.
E. 
In the case of nonconforming junkyards, scrap processing facilities or vehicle dismantling facilities, only one licensee shall be permitted for each parcel of real property comprising a single parcel on the Suffolk County Tax Map, comprising a single street address or comprising a single fee ownership, unless the applicant can show that the present number of licensees where licensed to operate a junkyard, scrap processing facility or vehicle dismantling facility at the subject site on or before October 30, 1978, and continuously operated at the site since said date. Additional licensees may not be added to a nonconforming site.
F. 
In the case of sites located within the L-2 Zoning Category, only one licensee shall be permitted for each five acres of lot area. If more than one licensee is to operate out of a single parcel of property as shown on the Suffolk County Tax Map, comprising a single street address or comprising a single fee ownership, each licensee must be exclusively located on a lot of not less than five acres, and the site plan must show each separate lot. Each licensee must have his own vehicle dismantling pad if vehicle dismantling is to take place.
G. 
No license shall be issued unless the owner of the premises submits an acknowledged consent authorizing the Town Clerk or his duly authorized representative to enter and inspect the premises during regular Town business hours when such premises are open for business.

§ 42-6 Duration of license.

All licenses shall be issued as of July 1 and shall expire on the 30th day of June next succeeding the date of issuance thereof.

§ 42-7 Place of business designated.

No junk dealer, scrap processor or vehicle dismantler shall carry on business in the Town of Brookhaven at any other place(s) than the one(s) designated in the license therefor, nor shall he continue to carry on business in the Town of Brookhaven after such license has been suspended or revoked or has expired.

§ 42-8 Penalties for false statements.

Any applicant for a license, as hereinabove described, who knowingly makes a false statement in such application shall be guilty of a misdemeanor and shall be liable to a fine of not more than $2,000 or imprisonment for not more than 30 days, or both.

§ 42-9 Penalties for offenses.

Any person who shall violate or neglect or refuse to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be liable to a fine of not more than $1,000 or imprisonment for not more than 15 days, or both.