By the adoption of this chapter, the Town Board
of the Town of Southeast, Putnam County, New York, declares its intent
in so doing to be to regulate, control and license the activities
or businesses known as "auto graveyards," "junkyards" and "secondhand
parts collection areas," the processing of used metals for resale
and the dumping, storing and disposal of waste, secondhand or used
materials of whatever composition. Said Town Board hereby declares
that such activities or businesses can constitute a hazard to property
and persons and a public nuisance. Such materials may be highly flammable
and sometimes explosive. Gasoline tanks on old autos often contain
in some quantity combustible gasoline. The engines and other parts
of such autos are frequently covered with grease and oil, which is
also flammable. The tires, plastic seats, tops and other elements
of such autos are also flammable. Batteries and other elements of
such autos can contain acids and other matter potentially harmful
to humans. These autos frequently contain sharp metal or glass edges
or points upon which a human could receive serious cuts and abrasions.
These autos can constitute attractive nuisances to children and certain
adults. The presence of such junkyards, even in areas zoned for business
or industry, is unsightly and tends to detract from the value of surrounding
land and property unless such areas are properly maintained and operated.
As used in this chapter, the following terms
shall have the meanings indicated:
AUTO
A passenger auto, truck, tractor truck, trailer, bus, motorcycle
or other vehicle, however propelled, as well as tractors, bulldozers,
machinery and equipment.
BOARD
The Town Board of the Town of Southeast.
EXISTING BUSINESS
A business in operation on or prior to the date of the adoption of this chapter and such a business as is included within the legislative intent of the Board as set forth in §
87-1 of this chapter and for which business application is made for a license under §
87-7 of this chapter within 30 days of the adoption of this chapter.
OPEN STORAGE
Any place of storage or deposit, other than junkyards, not
within a building, whether or not in connection with another business,
of new or used materials, such as but not limited to lumber, machinery,
building materials and equipment, rags, paper, rubbish, bottles, glassware,
crockery, bags, cloth, rubber, iron, brass, copper, silver, clothing,
furniture, used motor vehicles or parts thereof or any repaired, reconstructed,
renewed, renovated, partly ruined or damaged materials or merchandise
or personal property.
PERSON
Any individual, an association, a partnership or a corporation.
No person shall engage in or conduct on real
property within the Town of Southeast, either for himself or for and
on behalf of any other person, directly or indirectly, as agent, employee
or otherwise, any activity or business, either for profit or otherwise,
at wholesale or retail, which involves the collection, storage, burning,
dumping, disassembling, dismantling, salvaging, sorting or otherwise
handling or arranging for sale, storage or disposal or otherwise of
bodies, engines or parts of autos or of any other secondhand or used
property of whatever material it is composed or any waste material,
whether composed of wood, paper, cloth, cardboard, plastics, metals,
stone, cement or otherwise, without first obtaining a license therefor
as hereinafter provided.
The violation of any of the provisions of this
chapter shall, upon conviction, be punishable by a fine of not more
than $250 or imprisonment for not more than 15 days, or both.