[HISTORY: Adopted by the Town Board of the
Town of Southampton as Ch. 41 of the 1979 Code. Amendments noted where
applicable.]
Certain words and terms when used in this chapter,
unless otherwise expressly stated or unless the contents or subject
matter otherwise require, are defined as follows:
Old or secondhand metals, secondhand materials including
wood, rope, rubber, paper, cloth, rugs and empty bottles but not excluding
other items, old automobiles and trucks not serviceable with minor
repairs, equipment and machinery as may be sold as metal. Any automobile
or truck which has been dented, twisted or put into an unserviceable
condition is deemed to be "junk" for the purpose of this chapter.
[Amended 7-10-1990 by L.L. No. 19-1990]
The business of buying, selling, dealing in, storing or handling
junk.
Any person, association, partnership or corporation engaged
in the business of buying, selling, dealing in, storing or handling
junk.
Includes the storage or the buying of secondhand motor vehicles,
parts and accessories for the purpose of remodeling, dismantling and
reselling the same or the buying, storage or selling of parts of secondhand
motor vehicles or tires or the assembling of secondhand motor parts.
[Amended 4-14-1998 by L.L. No. 7-1998]
Includes any place of storage or deposit, whether in connection
with a 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 for any purpose, and such term shall
include any place of storage or deposit, for any purpose, of used
parts or waste materials from motor vehicles which, taken together,
equal in bulk two or more such vehicles.
[Amended 7-10-1990 by L.L. No. 19-1990]
It is prohibited to engage in the junk and/or
motor vehicle junk business or store, keep or maintain junk or maintain
a motor vehicle junkyard without a license granted as provided herein.[1]
[1]
Editor's Note: Former § 41-3 of
the 1979 Code, Storage of Vehicles, which immediately followed this
section, was deleted 7-10-1990 by L.L. No. 19-1990.
A.
The applicant must submit to the Public Safety Administrator
an application in affidavit form, and the application must include
the following information:
[Amended 7-10-1990 by L.L. No. 19-1990; 5-14-1991 by L.L. No. 6-1991; 6-24-2008 by L.L. No. 38-2008]
(1)
The location of the premises.
(2)
The type of fence to be constructed or utilized, subject
to the approval of the Town as to its sufficiency and size.
(3)
The zoning classification of the premises and whether the premises comply with Ch. 330, Zoning, in all respects.
(4)
The earliest date at which continuous operation of
the junk business on the premises began, whenever the premises have
already been so used.
(5)
Whether the applicant has been convicted of a felony
or a misdemeanor and, if so, full details as to the nature of the
crime, the court in which the conviction was obtained and the sentence
imposed.
B.
The activities may not be extended beyond the premises
for which the license is issued. If additional premises are used for
junk storage and if the premises were not included in the previous
application, the applicant must 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.
A.
Upon receipt of an application for a license, the
Public Safety Administrator shall cause an investigation to be made
of the material facts contained therein and shall forward a report
to the Town Board. If, after such investigation, the Town Board, in
its discretion, determines that the applicant is duly qualified to
operate a junk business in the Town of Southampton, then a license
to transact such business shall be issued by the Town Board. However,
the license may be revoked by the Town Board, in its discretion, whenever
it may determine that the holder of the license fails to comply with
the terms of this chapter and such other fair and reasonable conditions
as the Town Board may have imposed as a condition to the granting
of the license. The Town Board may impose such additional conditions
to the issuance of any license as is necessary to protect the health,
safety, welfare and property values of the property owners and residents
of the Town.
[Amended 7-10-1990 by L.L. No. 19-1990; 4-14-1998 by L.L. No. 7-1998; 6-24-2008 by L.L. No. 38-2008]
B.
Every junk dealer's license shall expire on December
31 of the year of its issue.
[Amended 5-14-1991 by L.L. No. 6-1991]
C.
A license may be refused or revoked if the applicant
or holder shall have been or is convicted of a misdemeanor or felony
which, in the judgment of the Town Board, renders the applicant unfit
or undesirable to carry on the business of a junk dealer. The Town
Board may also refuse a license to any person who, in its judgment,
shall be deemed unfit to conduct the business of a junk dealer.
[Amended 7-10-1990 by L.L. No. 19-1990; 4-14-1998 by L.L. No. 7-1998]
D.
Any false statement made in an application or violation
of any of the provisions of this chapter or of any of the statutes,
rules or regulations or orders aforesaid shall constitute a cause
for rejection or revocation of such license. In addition thereto,
the Town Board may, for any other good and sufficient cause, reject
any such license application.
[Amended 1-10-1989 by L.L. No. 2-1989; 4-14-1992 by L.L. No. 11-1992; 9-14-2010 by L.L. No.
30-2010]
Every licensee shall pay an annual fee of $350
in an amount to be established, and changed as needed, by resolution
of the Southampton Town Board, payable with the application for the
license. Every license shall expire on the 31st day of December of
the year of its issue, regardless of the date of its issue. The aforesaid
fee shall not include the fee of $5 established by Article 6 of the
General Business Law.
A.
Each such license shall be issued subject to compliance
by the licensee with all the requirements of Article 6 of the General
Business Law, Article 165 of the Penal Law and all other statutes
now existing or which may hereafter be enacted affecting such business
or the conduct thereof; subject, also, to compliance by the licensee
with all rules, regulations or orders now existing or which may hereafter
be made by the Town of Southampton respecting such business or the
conduct thereof; and subject, also, to compliance with the following
further requirements:
[Amended 7-10-1990 by L.L. No. 19-1990]
(1)
That no such licensee shall collect or purchase any
junk, metal or secondhand materials or articles of any kind from any
person who is under the age of 16 years.
(2)
That such licensee shall not engage in the junk business
between the hours of 7:00 p.m. and 6:00 a.m., except for the purposes
of accepting for storage a motor vehicle brought from an accident
scene by an authorized tow truck operator pursuant to a police request.
[Amended 7-13-1993 by L.L. No. 22-1993]
(3)
That such licensee shall permit his place of business,
his record books and his vehicles and conveyances to be examined and
inspected at any reasonable time by the Town Supervisor or his designee,
for the purpose of ascertaining whether the provisions of this chapter
are being observed.
[Amended 5-14-1991 by L.L. No. 6-1991]
B.
Acceptance of such license shall constitute an agreement
by the licensee to comply with all such requirements, orders, rules,
regulations and statutes.
[Amended 5-14-1991 by L.L. No. 6-1991]
A.
The entire perimeter of the premises shall be surrounded
by a fence at least seven feet in height of substantial and permanent
construction. The fence shall be constructed of wood, aluminum, metal
clad or such other material as shall be approved by the Building Inspector.
B.
Any portion of the fence that shall face a public
highway shall be opaque so as to obstruct the view of the junk from
public view. Any portion of the junkyard property that adjoins other
property shall be screened either by opaque constructed fencing seven
feet high or by planted or natural greenery or the natural topography
of the land so as to accomplish the purposes of this section, namely,
screening the junk from view.
A.
The exterior of the premises shall be kept in a neat
and orderly condition, free of debris, paper, etc.
B.
No junk cars, junk material or ashes and debris shall
be piled, stored or otherwise left by the owner or operator of the
establishment outside the fenced area, and any such junk or junk material
that should be left by others outside the establishment shall be removed
by the owner and operator of the establishment prior to 5:00 p.m.
of the day upon which the same may be left, except that if the same
may have been left on a Sunday or holiday, then the same shall be
removed by 5:00 p.m. on the next succeeding business day.[1]
[1]
Editor's Note: Former § 41-11 of
the 1979 Code, Burning, which immediately followed this section, was
deleted 7-10-1990 by L.L. No. 19-1990.
[Amended 7-10-1990 by L.L. No. 19-1990]
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 $1,000 or imprisonment for a term of not more than one year,
or both. 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 a term of not more than one year, or both.[1]
A.
Whenever there is filed with the Public Safety Administrator
a signed written request for revocation of a particular license for
good cause or, without such request, whenever the Town Board shall
deem desirable, the Board may, after investigation, in the exercise
of its judgment and discretion:
[Amended 6-24-2008 by L.L. No. 38-2008]
(1)
Notify the party filing the request that the same
is rejected; or
(2)
Publish in one or more newspapers, published in the
Town, a ten-day notice of public hearing before the Board on the matter
and give 10 days' notice of said hearing by certified mail addressed
to the license holder at the licensed premises; or
(3)
Give 10 days' notice by certified mail addressed to
the license holder at the licensed premises of a private hearing before
the Board.
B.
Such 10 days' notice shall be given by ordinary mail
to the person filing the request.
C.
After the hearing, the Board shall:
(1)
Within 60 days, file a decision with the Town Clerk
rejecting the request; or
(2)
Within 60 days, file with the Town Clerk a decision
revoking the license complained of; or
(3)
Within 60 days, file with the Town Clerk a notice,
in writing, suspending decision for a period of not more than eight
months to allow the licensee to correct the defects and conditions
complained of.
D.
The minutes of any hearing, public or private, shall
be filed with the Town Clerk.
E.
As a condition to the granting of any license (and
the application therefor shall contain such an agreement on the applicant's
part), the applicant shall covenant and agree to assume all expenses
of any proceeding before the Town Board and at any proper court whenever
the final decision results in revocation of the license.
