[HISTORY: Adopted by the Town Board of the Town of Plattekill 5-8-1965 by L.L. No. 1-1965. Amendments noted where applicable.]
GENERAL REFERENCES
Landfills — See Ch. 63.
Zoning — See Ch. 110.
By the adoption of this chapter, the Town Board of the Town of Plattekill declares its intent, in so doing, to be to regulate, control and license the activities or businesses known as "auto graveyards," junkyards, secondhand parts collection areas, the processing of used metals for resale and the dumping, storage and disposal of garbage, rubbish, waste or secondhand or used materials of whatever composition.
A. 
Said Town Board hereby declares that such activities or businesses can constitute a hazard to property and persons and a public nuisance.
(1) 
Such materials may be highly flammable and sometimes explosive.
(2) 
Gasoline tanks on old autos often contain, in some quantity, combustible gasoline.
(3) 
The engine and other parts of such autos are frequently covered with grease and oil which are also flammable.
(4) 
The tires, plastic seats, tops and other elements of such autos are also flammable.
(5) 
Batteries and other elements of such autos can contain acids and other matter potentially harmful to humans.
(6) 
These autos frequently contain sharp metal or glass edges or points upon which a human could receive serious cuts and abrasions.
(7) 
These autos can constitute attractive nuisances to children and certain adults.
B. 
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
Passenger autos, trucks, tractor-trucks, trailers, buses, motorcycles or other vehicles, however propelled, as well as tractors, bulldozers, machinery and equipment.
AUTO GRAVEYARD and/or JUNKYARD
[Amended 4-5-1989 by L.L No. 3-1989]:
A. 
Any place of storage or deposit, whether in connection with another business or not, where more than one inoperable, unregistered, abandoned or junked motor vehicle, whether automobile, bus, trailer, truck, tractor, mobile home, motorcycle, minicycle, all-terrain vehicle, snowmobile or any other contraption originally intended for travel on the public highways, which is held, whether for the purpose of resale of the same in whole or for parts therefrom, for the purpose of reclaiming for use some or all of the materials, chemicals or elements therein, whether metal, glass, fabric, plastics or other material or compound or for the purpose of disposing of the same or for any other purpose. Such term shall include any place of storage or deposit, for any purpose, of used parts or waste materials from motor vehicles which, when taken together, equal, in bulk, more than one of any such vehicle.
B. 
Any place of storage or deposit, whether in connection with another business or not, of any wastepaper, rags, scrap metal, white goods, plastics, glass or discarded material of any other kind or nature or for the collecting, wrecking, dismantling, storage, salvaging or sale of such items, parts or materials, whether or not for recycling purposes or ultimate disposal by burial or incineration.
C. 
Excepted from the above definition shall be any household which collects such items generated within the household of the property owner for purposes of complying with any recycling program utilized by the municipality, so long as the same does not create a nuisance or a danger to the health, safety and welfare of the public.
PERSON
An individual, association, partnership or corporation.
[Amended 10-3-2001 by L.L. No. 3-2001]
No person shall engage in or conduct on real property within the Town of Plattekill, either for themselves 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, 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, plastic, metal, stone, cement or otherwise, without first obtaining a license therefor and a certificate of approval for the location of such junkyard from the Town Board of the Town of Plattekill and, if required, a use permit as found in Chapter 110, Zoning, of the Code of the Town of Plattekill.
[Amended 5-20-1987 by L.L. No. 4-1987; 10-3-2001 by L.L. No. 3-2001]
A. 
Each applicant for a license hereunder shall submit an application, to be supplied by the Town, which shall contain the following minimum information:
(1) 
Description of the exact type of business intended to be conducted.
(2) 
The nature of materials the applicant intends to handle.
(3) 
The number of employees the applicant intends to engage.
(4) 
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.
(5) 
If required, provide a copy of the approved use permit as found in Chapter 110, Zoning, of the Code of the Town of Plattekill.
B. 
The applicant shall submit to the Town Board a map or plan of the real property upon which the applicant intends to conduct the activity or business. Such map shall include the area of such real property which is proposed to be used for such purpose, the location of the fence required hereunder, the location of any buildings, the location of any streets or highways abutting or passing through such land, the location of any water, sewer or gas mains or laterals available thereto and the general drainage pattern of such land.
C. 
The applicant shall agree that, if granted the license applied for, the activity or business will be conducted pursuant to the regulations hereinafter set forth and that, upon failure to do so, such license may be revoked forthwith.
D. 
Existing businesses.
(1) 
A person presently engaged in or conducting an activity or business as described herein on real property within the Town of Plattekill must apply for a license therefor within 60 days of the adoption of this chapter.
(2) 
If the place where such activity or business is conducted presently complies with the requirements that a person must meet to secure a license in the first instance, a license shall be issued after review by the Town Board and compliance with all the sections of this Code. Said license must be applied for 60 days in advance of the expiration of the previous license.
[Amended 5-20-1987 by L.L. No. 4-1987]
The fee for the license shall be as established from time to time by resolution of the Town Board, 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. The original license or temporary license fee shall be charged on a pro rata basis.
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.
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 a new application for license must be made yearly if the licensee desires to continue such activity or business.
[Amended 10-3-2001 by L.L. No. 3-2001]
A. 
The Building Inspector and/or Zoning Enforcement Officer appointed by the Town Board shall enforce this chapter. It shall be the duty of the Building Inspector and/or Zoning Enforcement Officer to investigate all complaints made under this chapter and to take appropriate legal action on all violations of this chapter.
B. 
A license may be revoked by the Town Board by reason of the violation of the terms of the license, the violation of any municipal ordinance or law, state or federal statute or falsification in applying for a license. The Town Board, within 20 days' notification that the licensee has failed to correct any violation of this chapter, shall revoke the license; except that, upon a written request from the licensee, said time frame to correct violations may be extended by the Town Board. The licensed person must be granted a hearing by the Board upon his or her request.
C. 
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.
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 Town Supervisor 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 of $5, such junk dealer's license fee actually paid by such applicant; otherwise, this chapter shall be fully binding upon and applicable to the holder of any junk dealer's license.
[Amended 5-20-1987 by L.L. No. 4-1987; 10-3-2001 by L.L. No. 3-2001]
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 or others.
C. 
The licensee shall erect and properly maintain a six-foot chain-link and/or concealed fence adequate to prohibit the entrance of children and others into the area of the activity or business and to contain within such fence the materials dealt in by the licensee, and, if such area abuts a public highway, such fence shall be no closer than 30 feet to the front, side and rear property line. All the materials dealt in by the licensee shall be kept within such fence at all times.
D. 
Outside 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.
E. 
The autos, parts and materials dealt in by the licensee shall be piled or arranged in neat rows so as to permit easy, clear passage through the area.
F. 
There shall be maintained at each such 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.
G. 
When the area is not supervised by the licensee or employees, the fence shall be locked at a secure gate in a secure manner.
H. 
Suitable sanitary facilities shall be available as required by town, county and/or state agencies.
I. 
The area contained within the licensee's activity shall not be used as a dumping area for junk, trash or rubbish. No burning shall be allowed upon the premises.
J. 
The Town Police, the Zoning Officer, the Building Inspector, 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.
K. 
Nothing in this section shall be construed so as to relieve any such place of activity or business not existing at the time of the adoption of these amendments from obtaining a use permit, as found in Chapter 110, Zoning, of the Code of the Town of Plattekill, to allow for the operation of such place of activity or business at the proposed site.
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. 
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment.
[Amended 5-20-1987 by L.L. No. 4-1987]
C. 
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 such chapter.