[HISTORY: Adopted by the Town Board of the Town of Gardiner 3-20-1984
by L.L. No. 2-1984 as Ch. 16 of the 1984 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Junk Yard Law of
the Town of Gardiner, New York."
A clean, wholesome, attractive environment is declared to be of importance
to the health and safety of the inhabitants and the safeguarding of their
material rights against unwarrantable invasion and, in addition, such an environment
is deemed essential to the maintenance and development of the Town of Gardiner
and the general welfare of its citizens. It is further declared that the unrestrained
accumulation of junk is a hazard to such health, safety and welfare of citizens
of the Town of Gardiner 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
permitted when not in conflict with the purposes of this chapter.
As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Any place of storage or deposit, whether in connection with another
business or not, where a person, corporation or other entity collects, buys,
sells, trades, processes, dismantles, separates, stores or otherwise handles
used metals, machinery, parts, paper, clothing, glass, or plastic in quantities
in excess of ordinary household use.
More than two wrecked, broken down, abandoned or unlicensed vehicles
or the parts thereof, on any premises for a period of two or more weeks; however,
the term "junkyard" shall not be construed to mean an establishment having
facilities for processing iron, steel or nonferrous scrap and whose principal
product is scrap iron, steel or nonferrous scrap for sale for remelting purposes
only; nor shall junkyard be construed to include farm machinery and equipment
on a bona fide, functioning farm.
The Town of Gardiner.
No person shall operate, establish or maintain a junkyard until he or
she:
Application for the license and the certificate of approved location shall be made in writing to the Town Board of the Town of Gardiner where it is proposed to locate the junkyard, and the application shall 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 Chapter 220, Zoning. The application shall contain a description of the land to be included within the junkyard.
[Amended 5-10-2005 by L.L. No. 7-2005]
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 in accordance with Chapter 160.
At the time and place set for hearing, the Town Board shall hear the
applicant and other persons wishing to be heard on the junkyard. In considering
such application, it shall take into account the suitability of the applicant
with reference to his or her 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
to 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 gatherings;
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 vital 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, the proximity of the proposed junkyard
to established residential and recreational areas or main access routes thereto,
as well as the reasonable availability of other suitable sites for the junkyard.
After hearing the Town Board shall, within two weeks, make a finding
as to whether or not the application should be granted, giving notice of their
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
April first. Approval shall be personal to the applicant and not assignable.
Licenses shall be renewed thereafter upon payment of the annual license fee
without hearing, provided all provisions of this chapter are complied with
during the licensed 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. Any junkyard
license issued is personal with the licensee.
[Amended 8-12-2003 by L.L.
No. 3-2003]
The annual license fee, as set forth in the Town's Standard Schedule
of Fees, is to be paid at the time the application is made and annually thereafter
in the event of renewal. In the event the application is not granted, the
fee shall be returned to the applicant. The Town shall in addition to the
license fee, 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 may make the license conditional upon payment of same.
A.
Before use, a new junkyard shall be completely surrounded
with a fence a minimum of eight feet in height or one foot above any stored
material which substantially 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 or her agent shall be within. Such fence shall be erected
not nearer than 50 feet to a public highway. All motor vehicles and parts
thereof and all metals, machinery, parts, paper, clothing, glass, or plastic
in quantities in excess of ordinary household use 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 motor vehicles and parts shall
be accomplished within the enclosure.
[Amended 8-12-2003 by L.L.
No. 3-2003]
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
with the purposes of this chapter.
For the purposes of this chapter, the location of junkyards already licensed shall be considered approved by the Town Board of the Town where located and the owner thereof deemed suitable for the issuance of a license. However, within 60 days from the passage of this chapter, the owner shall furnish the Town Board the information as to location which is required in an application, together with the license fee, and the Town 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 § 136-12. Notwithstanding the foregoing, in view of the aesthetic considerations set forth above, no previously licensed junkyard shall be permitted to move any existing or established fences or to expand the area used for junk vehicles or parts or materials any closer to a public road than presently exists.
Notwithstanding any of the foregoing provisions of this chapter, no
junkyard hereafter established or any part thereof shall be within 500 feet
of a church, school, hospital, public building, place of public assembly,
or residential district.
[Amended 8-12-2003 by L.L.
No. 3-2003]
Violators of any of the provisions of this chapter shall be guilty of
a violation punishable by a fine not exceeding $250 or imprisonment for not
more than 15 days, or both, and each week that such violation is carried on
or continues shall constitute a separate violation.
A.
The licensee must personally manage or be responsible
for the management of the activity or business for which the license is granted.
B.
The licensee must maintain an office and a sufficient
number of employees on the premises to assure the proper and safe conduct
of such activity or business, to minimize the fire hazard therefrom and to
prevent improper trespass thereon by children and others.
C.
Inside and adjacent to and contiguous with such fence
a strip of land at least 10 feet in width shall be kept free of all dry grass
or other growth or other combustible material so as to provide a fire lane
or line around the whole area where the activity or business of the licensee
is being conducted.
D.
The autos, parts and materials dealt in by the licensee
shall be disassembled or dismantled by means other than by burning. They shall
be piled or arranged in neat rows so as to permit easy clear passage through
the area.
E.
There shall be maintained at each such place of activity
or business for which a license is issued at least two fire extinguishers
of approved design and capacity for each 40,000 square feet of area. Each
such fire extinguisher shall be hung or mounted in a conspicuous place, clearly
marked and available.
F.
When the area is not supervised by the licensee or his
or her employees the fence shall be locked at a secure gate in a secure manner.
G.
Suitable sanitary facilities shall be available connected
to approved public sewers or septic tanks, for the use and convenience of
the employees of the licensee as well as the general public visiting the area.
H.
The area of the licensee's activity or business shall
not be used as a dump area nor as a place for the burning and disposal of
junk or trash.
I.
The Town Board or any of its representatives shall be
granted access to the area of the activity or business of the licensee at
all reasonable hours to inspect the same for compliance herewith.
