[HISTORY: Adopted by the Town Board of the Town of Milton 1-4-1961.
Amendments noted where applicable.]
A.
By the adoption of this chapter, the Town Board of the
Town of Milton 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" and the processing of used metals
for resale and the dumping, storage and disposal of waste, secondhand or used
materials of whatever composition.
B.
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 inflammable and sometimes explosive.
Gasoline tanks on old autos often contain, in some quantity, combustible gasoline;
the engine and other parts of such autos are frequently covered with grease
and oil which are also flammable. The tires, plastic seats, tops and other
elements of such autos are also flammable. Batteries and other elements of
such autos are also flammable, and 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 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:
Passenger auto, truck, tractor-truck, trailer, bus, motorcycle or
other vehicle, however propelled, as well as tractors, bulldozers, machinery
and equipment.
An individual, an association, a partnership and/or a corporation.
No person shall engage in or conduct on real property within the Town
of Milton 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, dumping, disassembling, dismantling, salvaging, sorting or otherwise
handling or arranging for sale, resale, 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.
A.
Each applicant for a license hereunder shall execute
under oath an application therefor to be supplied to him by the Town Clerk
which shall contain the following information:
(1)
That the applicant is over 21 years of age.
(2)
That he is a citizen of the United States.
(3)
Whether he has ever been convicted of a felony or misdemeanor
and such other facts or evidence as is deemed necessary to establish that
he is a person fit and capable of properly conducting the activity or business
for which the license is sought.
(4)
A description of the exact type of business he intends
to conduct.
(5)
The nature of the materials he intends to handle.
(6)
The approximate number of employees he intends to engage.
(7)
The name and address of the owner or owners of the land
and the nature of the right of occupancy of the applicant to the use of such
land.
B.
At the time of making the application, the applicant
shall submit to and file with the Town Clerk a map or plan of the real property
upon which he intends to conduct the activity or business for which he is
making application for a license hereunder, with the area of such real property
which it is proposed to use for such purpose, the location of the fence required
hereunder indicated thereon as well as the location of any buildings on such
land and the location of any streets or highways abutting or passing through
such land and the location of any water, sewer or gas mains or laterals available
thereto as well as the general drainage pattern of such land.
C.
In the application, the applicant shall agree that, if
granted the license applied for, he will conduct the activity of business
pursuant to the regulations hereinafter set forth and that, upon his failure
to do so, such license may be revoked forthwith.
D.
A person presently engaged in or conducting an activity
or business such as described herein on real property within the Town of Milton
must apply for a license therefor within 30 days of the adoption of this chapter.
If the place where he conducts such activity or business presently complies
with the requirements a person must meet to secure a license in the first
instance, he shall be issued a license therefor if he meets the other requirements
contained herein. If the place where he conducts such activity or business
does not presently comply with the requirements a person must meet to secure
a license in the first instance, he may be granted a temporary license for
one year during which year he must arrange the place where he conducts such
activity or business so that it does then comply with the requirements a person
must meet to secure a license in the first instance. If at the end of such
year such person has not so arranged his place of such activity or business,
he shall forthwith cease and desist engaging in or conducting the same and
shall remove from such place any autos, parts or other materials of the nature
described herein.
E.
If the person conducting such activity or business is
not the sole owner thereof, he shall state such fact at the time he applies
for his temporary license, and the Town Clerk at the time of issuing such
temporary license shall send the owners or each of them a notice of the issuance
of such temporary license, together with a copy of this chapter.
A.
The fee for the license is fixed in an amount as shall
be set from time to time by resolution of the Town Board and shall be on file
in the Town offices, which sum covers not only the cost of issuing the license
itself but also the cost of making the necessary inspections of the premises
to ascertain compliance with the regulations hereinafter prescribed.
[Amended 3-19-1997 by L.L. No. 5-1997]
B.
Such license shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity or business for
which it is issued.
C.
Such license shall be effective from the date of its
issuance until the 31st day of December of the year of such issuance, after
which, new application for license must be made yearly if the licensee desires
to continue such activity or business.
D.
Such license is personal with the licensee. It does not
go with the title of the land nor may it be sold, assigned, transferred or
disposed of.
E.
Such license may be revoked by the Town Board after a
public hearing thereon at which the licensee shall have an opportunity to
be heard. Upon revocation of a license, the Town Board may require the removal
of autos, parts and materials left as above provided in the case of an applicant
for a temporary license who fails to qualify for a license.
F.
In the event that an applicant for a license as provided
herein shall have previously been duly issued a valid and effective junk dealer's
license by the Supervisor of this Town, pursuant to the provisions of Article
6 of the New York State General Business Law, then such applicant shall be
entitled to and allowed a credit against the above-provided license fee in
the amount actually paid by such applicant; otherwise, this chapter shall
be fully binding upon and applicable to the holder of any such junk dealer's
license.
[Amended 3-19-1997 by L.L. No. 5-1997]
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.
The licensee must erect and maintain on the highway side
of the premises a six-foot wire fence of close mesh or one made of wood or
of other material or must plant hedges or trees in close proximity so that
the same shall be adequate to screen said premises and shall contain behind
such fence the materials dealt in by the licensee, and if such area abuts
a public street or highway such fence shall be 40 feet from the center line
of the pavement thereof. All the materials dealt in by the licensee shall
be kept behind such fence at all times.
D.
The autos, parts and materials dealt in by the licensee
shall be disassembled or dismantled by usual and ordinary means. They shall
be piled or arranged in neat rows so as to permit easy and clear passage through
the area.
[Amended 3-19-1997 by L.L. No. 5-1997]
E.
There shall be maintained at each place of activity or
business for which a license is issued at least one fire extinguisher 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.
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.
G.
The area of the licensee's activity or business shall
not be used as a dump area nor as a place for disposal of junk or trash.
H.
The Town police, the Town Clerk or 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.
I.
Storage of oils and fluids.
[Added 1-17-1990]
(1)
The owner or operator must store all oils and fluids
of every type and kind from all junk vehicles, and said storage must be in
secure containers.
(2)
The owner or operator must provide a map or sketch clearly
designating location of storage containers.
(3)
The owner or operator must keep an accurate account of
the name and address and license or permit number of transporter of such oils
and fluids.
(4)
Dumping or spilling of oils or fluids of any type or
kind is prohibited.
(5)
The owner or operator shall keep accurate written records
of all vehicles brought on premises which are dismantled, crushed or sold
as used vehicles.
A.
The owner or licensee of any such place of business who
commits or permits any acts in violation of any of the provisions of this
chapter shall be deemed to have committed an offense against such chapter
and also shall be liable for any such violation or the penalty therefor. Each
day such violation shall continue or be permitted to exist shall constitute
a separate violation.
B.
Any person, firm or corporation who or which shall violate
any of the provisions of this chapter shall be guilty of an offense which
shall be punishable by a fine of not more than $250 or a term of imprisonment
not exceeding 15 days, or both. Each day's continued violation shall constitute
a separate offense.
[Amended 1-17-1990; 3-19-1997
by L.L. No. 5-1997]
C.
Conviction for any above-mentioned violation shall constitute
and effect an immediate forfeiture of the license.
D.
Any person violating this chapter shall be subject to
a civil penalty enforceable and collectible by the Town in the amount of not
more than $250 for each such offense. Such penalty shall be collectible by
and in the name of the Town for each day that such violation shall continue.
[Amended 3-19-1997 by L.L. No. 5-1997]
E.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of this chapter.
