[HISTORY: Adopted by the Town Board of the Town of Niagara 11-18-1997
by L.L. No. 3-1997. Amendments noted where applicable.]
Whereas, in the Town of Niagara, damaged, worn out, scrapped or discarded
materials or objects, such as, inter alia, automobiles, building materials,
machinery, metal, wastepaper, rags and other such items, are or in the future
may be stored in a dangerous, unsightly or unsanitary manner in yards or other
places within the town; and whereas the places in which damaged, worn out,
scrapped or discarded materials or objects are stored or in the future may
be stored outdoors tend to become overgrown with weeds, littered with rubbish
and debris, infested with rats, mice, insects, reptiles and other vermin and
contribute to the deterioration of the neighborhood; and whereas such conditions
tend to attract children and endanger their lives and health, spread disease,
invite plundering, attract vagrants, create fire hazards and other safety
and health hazards, create, extend and aggravate human blight, interfere with
the enjoyment of and reduce the value of private property, interfere with
the comfort and well-being of the public; and whereas thieves and receivers
of stolen property frequently attempt to dispose of stolen property by representing
it to be legitimately acquired junk; and whereas adequate protection of the
public health, safety and welfare requires that the business of handling and
dealing in junk be regulated and controlled; and whereas the town at present
contains a large number of properties which are being used for the storage
of junk, and the Town of Niagara will not permit any other property in the
town to be so utilized; and whereas a scheme of regulation is needed for these
existing properties; and whereas it is the intent of the Town Board of the
Town of Niagara to exercise its full powers to protect the public health and
safety under the Municipal Home Rule Law and § 130 of the Town Law
to order the removal of fire and health hazards by ordering the removal or
cutting of grass, weeds and rubbish under § 64 of the Town Law,
to remove obstructions from any right-of-way under § 1660 of the
Vehicle and Traffic Law, to obtain ownership of and provide for the disposition
of abandoned vehicles under § 1224 of the Vehicle and Traffic Law,
and to prevent the dumping, depositing or placement upon any highway, right-of-way
or adjacent lands any refuse, trash, garbage, rubbish, litter or any nauseous
or offensive matter under § 1220 of the Vehicle and Traffic Law;
now, therefore, it shall hereby be enacted by the Town Board of the Town of
Niagara as follows.
Except where otherwise indicated by law, the following definitions shall
apply in the interpretation and enforcement of this chapter:
The area of a junkyard as described in a junk dealer's license
or application for license, as provided in this chapter.
The Code Enforcement Officer or such other person designated by the
Town Board to enforce the provisions of this chapter.
The following shall be exempt from the provisions of this chapter:
Antique, historical or classical motor vehicles or any motor vehicle
having a unique status giving it a special value because of its uniqueness.
If any such vehicle is in such state of disrepair as to be considered junk,
as herein defined, the owner of the property on which it is located shall
have a period of two months to show that substantial progress is being made
in restoring such vehicle. The period of two months shall commence upon the
date the notice is given to remove said vehicle from the property where it
is situated.
Motor vehicles not designed to be operated upon public highways, including,
but not intended to be exclusive, dirt bikes, racing cars, dune buggies, snowmobiles,
etc., during seasonal use only and which are in good operating condition.
Any vehicle being stored on premises owned by a resident or owner of
such premises in good operating condition, but temporarily out of use for
a period not to exceed six months.
Travel trailers, boat trailers, utility trailers, snowmobile trailers
in good operating condition or like vehicles or machines.
A person or business entity who buys, sells, collects or delivers
junk within the town as a business, but who does not operate a junkyard within
the town.
Any old, discarded and unusable objects of any kind, such as vehicles,
building materials, scrap metal, machinery appliances, furniture, equipment,
etc., whether made of metal, fiber or plastics or any other material; old
cordage, ropes, rags, fibers or fabrics; old rubber or other waste or discarded
materials; or materials dangerous to health, regardless of their kind, form,
shape or nature.
A person who operates a junkyard, buying or selling, dismantling,
processing or dealing in any manner commercially with junk within the town.
A yard, lot or any place of storage or deposit outdoors, in whole
or in part, within the Town of Niagara where junk, as defined above, is kept
or stored. For purposes of this chapter, junkyards include scrapyards.
Any individual, firm, partnership, association, corporation, company,
organization or any business entity permitted to do business pursuant to the
laws of this state or authorized to do business within the State of New York.
The Town of Niagara, New York.
A "motor vehicle" as defined under the Vehicle and Traffic Law of
the State of New York or any machine designed to be propelled by a means other
than muscular power. Any such old or secondhand vehicle shall be considered
as junk if it is unregistered and uninspected and no longer intended or in
condition for legal use on the public highways or if the cost to repair said
vehicle to enable it to pass the New York State inspection laws for motor
vehicles shall exceed the value of the vehicle.
A.
No person shall engage in or conduct, whether for profit
or otherwise, on real property within the town, indoors or outdoors, either
for himself or herself or for and or on behalf of any other person, directly
or indirectly, as agent, employee or otherwise, at wholesale or retail, any
operation which involves the collection, storage, disassembling, dismantling,
salvaging, sorting, recycling or otherwise processing, handling or arranging
for sale, resale, storage, disposal or otherwise of said junk without first
obtaining a license therefore as hereinafter provided.
B.
The presence of one or more unlicensed or inoperative motor vehicles, or the equivalent thereof, or the shell or body thereof, which are defined as junk, as set forth in § 173-2 herein, for a period of more than 30 days on the premises of any resident of this town shall be considered a junkyard, as herein defined in § 173-2.
C.
The enforcement officer shall give the owner of any real
property in the town notice of the existence of any junkyard, as herein defined,
and such owner shall have 10 days from the date of mailing of such notice
within which to either abate or remove such junk from his or her premises,
unless he or she possesses a license to operate a junkyard.
D.
It shall be unlawful for any person to collect, store,
process, disassemble, recycle, dismantle, salvage, sort or otherwise handle
or arrange, outdoors, for sale, resale, storage, disposal or otherwise, or
deal in any manner with junk as provided in this section, whether as a junk
dealer or otherwise, in the town without first having obtained a license therefor
from the Town Clerk of the town in accordance with the provisions of this
chapter. A separate license shall be required for each junkyard, whether owned
by one individual, business entity or otherwise.
E.
It shall be unlawful for any person to act as an itinerant
junk dealer in the town without first having obtained a license therefor from
the Town Clerk in accordance with the provisions of this chapter.
F.
The Town Clerk shall not issue any such license for the
operation of such junkyard until the enforcement officer certifies that:
(1)
The location and conduct of such junkyard complies with the Chapter 245, Zoning, and with all applicable laws, ordinances, statutes and regulations of the town, the County of Niagara and the State of New York or that a proper variance has been obtained; and
(2)
The junkyard is being operated in a manner not offensive
to the neighborhood where the same is located.
G.
Nothing herein shall prevent any resident of this town from conducting a garage sale upon the premises owned by that resident, provided that such sale shall not be conducted continuously for a period of more than three days and does not conflict with any laws or statutes, whether local, state, federal or otherwise. Any items on display for such garage sale which are not sold after two days must be removed from the site of the sale and placed indoors for storage. Such sale shall include any sale of personal property not covered or defined under Chapter 245, Zoning, and shall include lawn, garage, porch sales, etc., regardless of the description of such sale. Such sales shall be limited to three per calendar year.
H.
Prior to the issuance of a license for any junkyard, the applicant shall deliver to the town an undertaking, such as a bond executed by a solvent surety corporation as surety and authorized to do business in the State of New York, a letter of credit or other equivalent acceptable to the Town Board in an amount to be set by the enforcement officer based on the size and condition of the property, but the amount of such bond shall not be less than $5,000, nor more than $50,000, except as modified by Subsection I of this section, which bond shall be approved by the town, guaranteeing the full compliance with all requirements of this chapter and providing that in the event of noncompliance, with written notice of said noncompliance having been delivered to the license holder by registered mail and a period of 15 days within which to cure such noncompliance having elapsed, that the town may draw upon the bond for the purpose of bringing the property into compliance and may enter upon the property to effect such purpose. The Town Board may waive compliance with this subsection.
I.
The bond required by Subsection H of this section may be established by resolution of the Town Board, upon consultation with the enforcement officer, as follows: a $1,000 undertaking during the first year a license is held to be increased to a $3,000 undertaking during the second year a license is held and further increased to a $5,000 undertaking during the third year a license is held, with the undertaking for each year to be in place prior to the issuance of the license. The undertaking shall remain in place during the fourth year the license is held. During the fifth year the license is held, if there has been no enforcement action by the town with respect to the license holder during the previous four years, the Town Board may reduce the amount of the undertaking to $3,000 and to $1,000 for the sixth year the license is held. In the event that any enforcement action is undertaken by the town, the Board may by resolution increase the amount of the required undertaking within the limits of Subsection H. Nothing in this subsection shall be deemed to waive the requirements of Subsection H of this chapter, except as specifically authorized by the Town Board.
A.
The enforcement officer shall have the power to enforce
the provisions of this chapter and, for that purpose, shall have the right
and is hereby empowered to enter upon any premises upon which any junk is
stored or business of a junkyard is conducted or upon which he or she has
reasonable cause to believe such a junkyard is operating in the town, or upon
which the enforcement officer has reasonable cause to believe a junkyard is
about to be located, and inspect the same at any reasonable time.
B.
The enforcement officer is specifically authorized to
make direct inquiry of any license holder, or of any officer or employee of
any license holder, about the ownership of any junk located outside the fenced
area of any junkyard, including but not limited to any town right-of-way or
any neighboring property, and to order and effectuate the immediate removal
either by the license holder or by the town if the license holder is not the
owner of said junk. If said junk is not owned by the license holder, the enforcement
officer shall arrange the sale of such junk, the proceeds of sale to be used
to defray the costs of removal.
C.
The enforcement officer is further empowered to suspend
or revoke any license provided for, in accordance with the provisions of this
chapter, if he or she concludes, based on personal observation, that such
junkyard is being operated in violation of this chapter. The enforcement officer
shall set out in writing the violations of this chapter, the date on which
such violations were observed and the section of this chapter and/or other
applicable local law or ordinance which was violated. Before suspending or
revoking such license, however, the enforcement officer must give the licensee
thereof 10 days' written notice from the date of mailing to correct the
same or to demonstrate to the enforcement officer that the license holder
is making a significant effort to correct the same, including having provided
the enforcement officer with a plan setting out the time within which all
violations shall be corrected. Upon the expiration of 10 days, the enforcement
officer shall suspend the license if the violations have not been corrected
or significant effort has not been made to correct the same.
D.
Before such license may be revoked, the licensee shall
be entitled to a hearing before a hearing panel appointed by the Supervisor
to determine whether such a violation necessitating the revocation of the
license has been committed by the owner thereof. The licensee shall be notified
of the time and place of the hearing, which said hearing shall take place
not later than 30 days after issuance of the notice. The penalties and powers
to enforce this chapter shall be subject to review by the Town Board, and
such Board may veto such revocation or any other action of the enforcement
officer, if the Board determines that there was insufficient evidence of any
violation of applicable law or the actions of the enforcement officer were
clearly erroneous.
A.
Each applicant for a license hereunder shall execute,
under oath, an application therefor, to be supplied to him or her by the Town
Clerk, which shall contain the following information:
(1)
That the applicant is over 21 years of age.
(2)
That he or she is a citizen of the United States.
(3)
Whether he or she has ever been convicted of a felony
or misdemeanor and such other facts of evidence as are deemed necessary to
establish that he or she 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 activity or business
he or she intends to conduct.
(5)
The nature of the materials he or she intends to handle.
(6)
The number of employees he or she 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.
(9)
A certified survey of the land where the licensed activities
will occur.
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 or she intends to conduct the activity or business for which
he or she is making application for a license hereunder with the area of such
real property which is proposed for use for such purpose; the location of
the fence or enclosure required hereunder indicated thereon, as well as the
location of any buildings on such land; the location of any streets or highways
or town rights-of-way abutting or passing through such lands; the location
of any water, sewer or gas mains or laterals available thereto, as well as
the general drainage pattern of such land; and such other general information
as the Town Board may from time to time require.
C.
In the application the applicant shall agree that, if granted the license applied for, he or she will conduct the activity or business pursuant to the regulations hereinafter set forth, including the maintenance of the bond required by § 173-3H of this chapter and that upon the applicant's failure to do so, such license may be revoked forthwith.
D.
Application for the license required by this chapter shall be made to the Town Clerk upon such forms as are promulgated by the Town Clerk and furnished to the applicant. Upon receipt of an application, the Town Clerk shall forward said application to the enforcement officer for certification that the proposed location for said junkyard meets the requirements of the Chapter 245, Zoning, and the laws of the State of New York. The enforcement officer shall certify that the proposed junkyard meets all requirements of this chapter and is in fact not offensive to the neighborhood where located. The enforcement officer shall return the application to the Town Clerk within 15 days from the date of his or her receipt of the application. Upon receipt by the Town Clerk of the application, certified by the enforcement officer that the proposed junkyard meets the requirements of this section and is not offensive to the neighborhood, the Town Clerk shall forward said application to the Town Board for their approval. In considering such application, the Town Board 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 or convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this chapter.
E.
Itinerant junk dealers shall make the same application for licensing to deal in junk in the town as set forth in Subsection A of this section. Any new license issued on or after February 1 of that year shall continue in force to April 30 of the following year, and the fee for the remainder of the year in which such license is issued shall be prorated for that year.
F.
Such license shall be effective from the date of its
issuance until the 30th day of April of the year of such issuance. A new application
for a license must be made yearly if the licensee continues in business. The
fee for such license for the operation of a junkyard for less than one year
shall be prorated. Such license is personal with the licensee and does not
go with the title of the land, nor may it be sold, signed, transferred or
disposed of without the permission of the Town Board. Applications for renewal
may be made with 60 days from the date of the expiration of the license, and
such renewal shall not be reasonably withheld, unless for a good cause shown.
G.
Such license shall be placed and at all times displayed
in a conspicuous place at the licensee's place of activity or business.
I.
After receipt of the application from the Town Clerk,
the Town Board shall approve or disapprove said application during the first
regularly scheduled Board meeting after its receipt. The Town Clerk shall
then give notice to the applicant by prepaid postage of the approval or disapproval
of said application.
J.
Approval of such application for a junkyard shall take
into account proof of legal ownership or right to use such property by the
applicant; the nature and development of surrounding property, such as proximity
of schools, churches, hospitals, public buildings or other places of public
gathering; whether or not the proposed location can be reasonably protected
from affecting the public health, safety and welfare by reason of offensive
or unhealthy odors, smoke, noxious substances or other causes; and aesthetic
considerations, such as whether the proposed junkyard is offensive to the
neighborhood, considering the type of neighborhood, the homes and businesses
contained therein, the type of natural or artificial barriers protecting the
junkyard from view, the proximity of the proposed junkyard to established
residential areas or main access routes thereto, the reasonable availability
of other suitable sites for the junkyard, the record of the applicant in complying
with this chapter and applicable state and other local laws, whether the property
is in compliance with the requirements of this chapter and any other aesthetic
considerations which may deem the junkyard unsuitable in view of the character
of the surrounding area.
A.
Before use, a junkyard shall be completely surrounded
with a properly constructed and maintained fence at least eight feet in height,
which shall be of one and only one of the following materials for each continuous
side of the property line: closed chain link, galvanized sheeting, wooden
stockade-type or natural barrier. The fence must substantially screen the
junkyard from surrounding areas 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 soundly erected and
properly maintained, and no junk shall be stored against it. No such fence
shall be erected within 25 feet from the curbing or edge of the pavement of
any street or within 10 feet from any town, county or state right-of-way.
B.
The junkyard, together with things kept therein, shall
at all times be maintained in a sanitary condition.
C.
No area of the property not covered by the license shall
be used in the licensed business.
D.
No water shall be allowed to stand in any place on the
premises in such manner as to afford a breeding place for mosquitoes.
E.
Weeds and vegetation outside the premises, other than
trees, shall be kept at a height of not more than four inches. Weeds and vegetation
within the premises shall be maintained to prevent fire and health hazards.
F.
No garbage or other waste liable to give off a foul odor
or attract vermin shall be kept on the premises, nor shall any refuse of any
kind be kept on the premises, unless such refuse is junk, as defined herein,
and is in use in the licensed business.
G.
No junk shall be allowed to rest upon or protrude over
any public street, right-of-way, walkway or curb or become scattered or blown
off the business premises. The town, acting through the Supervisor or the
enforcement officer, is authorized to obtain ownership of and provide for
the disposition of abandoned vehicles in accordance with § 1224
of the Vehicle and Traffic Law. In such cases where said abandoned vehicles
can be disposed of without further cost to the town, the Supervisor or the
enforcement officer is authorized to do so without further action by the Town
Board. Further, the town, acting through the Supervisor or the enforcement
officer, is authorized to provide for the removal of rubbish from public or
private lands if the licensee has not so acted to do so in response to notices
issued in accordance with this chapter. The town shall hire persons to remove
such rubbish in accordance with its normal procedures, unless a public emergency
exists, in which case said rubbish shall be removed by the most expedient
means necessary. The cost of said removal shall be assessed on the real property
at which the removal occurred, and such charge shall constitute a lien and
charge on the real property on which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner as other
town charges or may be recovered from the bond required by this chapter.
H.
The autos, parts and materials dealt in by the licensee
shall be disassembled or dismantled by means other than burning. They shall
be piled or arranged in neat rows so as to permit easy, clear passage through
the area.
I.
No combustible materials of any kind not necessary or
beneficial to the licensed business shall be kept on the premises, nor shall
the premises be allowed to become a fire hazard.
J.
Gasoline, oil, transmission fluid, Freon, brake fluid
and any other substance which may constitute a hazard to health or the environment
shall be removed from each automobile and maintained and disposed of in a
manner which complies with all applicable state and federal guidelines.
K.
No junk or other material shall be burned or buried on
the premises.
L.
No junkyard shall be allowed to become a nuisance, nor
shall any junkyard be operated in such a manner as to become injurious to
the health, safety or welfare of the community or of any residents or businesses
close by.
M.
The State Police, the enforcement officer, the Supervisor
or the Town Board or any of its representatives shall be granted access to
the area of the activity of the business of the licensee at all reasonable
hours to inspect the same for compliance herewith. The enforcement officer
shall have all the necessary authority to enforce this chapter. By making
application under this chapter, the licensee fully consents to granting such
access. Nothing in this subsection shall limit the right of the town or other
public safety authorities to enter the property of the licensee as necessary
to respond to any emergency.
N.
No more than 1,000 dismounted tires may be stored on
the licensed premises at any one time.
For the purposes of this chapter, the junkyards already established and in full compliance with the requirements of this chapter may be considered approved, provided that such junkyards must fully comply with the fencing, aesthetic provisions and requirements for operation set out in this chapter, are properly licensed by the state and that each has paid the license fee fixed in this chapter commencing with the year January 1, 1997, and posted the bond required by § 173-3H of this chapter. Such established junkyards shall have 30 days from the date of mailing of notice to them to comply with all provisions of this chapter, which time may be extended with Town Board approval.
A.
The owner of the premises upon which junk, as defined
in this chapter, is stored outdoors, a junkyard operator or any person, as
defined in this chapter, who commits or permits any acts in violation of any
of the provisions of this chapter or who fails to comply with the provisions
thereof shall be deemed to have committed an offense and a violation of this
chapter and shall be liable for any such violation and penalty therefor. Each
day that such violation shall continue or shall be permitted to exist shall
constitute a separate violation.
B.
C.
In addition to the above penalties, the town may also
institute an action or proceeding in the name of the town in any court of
competent jurisdiction to compel compliance with this chapter, or to restrain
by injunction the violation of this chapter, or to compel the removal of junk
from the premises upon which such junk or junkyard is located, and to obtain
money damages.
D.
Any abandoned motor vehicle found on public or private
property and left there after 72 hours' notice to the owner may be removed
and disposed of by the town pursuant to the appropriate provisions of the
Vehicle and Traffic Law of the State of New York, or any additions, amendments
or substitutions thereto. If notice cannot be personally served upon the owner,
a notice shall be deemed sufficient if mailed to his or her last known address
by depositing the same in a post office box maintained by the United States
government and addressed to said last known residence of the owner. Notice
shall be deemed complete 96 hours after the same shall have been so deposited
in said post office box.
E.
The enforcement officer may grant an extension of time
to comply with the requirements of this chapter or waive any of the provisions
thereof for good cause shown, subject to the approval of the Town Board.
No officer, agent or employee of the Town of Niagara shall render himself
or herself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in the discharge
of his or her duties under this chapter.
A.
Within 60 days after issuance of a license under this
chapter, the licensee shall provide a copy of the applicable state license
to the Town Clerk. Failure to provide a copy of the state license shall be
grounds for suspension or revocation of the town license.
B.
Nothing in this chapter shall be deemed a waiver from
compliance from any other local law or state law.
