[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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."
Any person, association, partnership or corporation engaged
in the business of buying and/or selling junk.
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.
Any person, association, partnership or corporation operating
and maintaining a scrap metal processing facility.
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.
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.
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.
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.
[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.
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.
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.
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.
[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]
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 less than 15 days nor more than 30 days, or both.
[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]
Any person who shall violate or neglect or refuse to comply
with any of the provisions of this chapter shall be guilty of a violation
and shall be liable to a fine of not more than $1,000 or imprisonment
for not more than 15 days, or both.
