[HISTORY: Adopted by the Town Board of the Town of New Berlin 2-14-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
Solid waste — See Ch. 124.
Vehicles and traffic — See Ch. 144.
Storage of vehicles — See Ch. 146.
Editor's Note: This local law superseded former Ch. 101, Junkyards, Vehicle, adopted 6-19-1995 by L.L. No. 2-1995, as amended.
It is the purpose of this chapter to provide for the health, safety and general welfare of the inhabitants of the Town of New Berlin by preventing the unrestrained accumulation of junk vehicles and rubbish, to maintain a clean, orderly and attractive environment conducive to the continued development of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- A place of storage or deposit of discarded utility items, construction materials, etc., whether in connection with another business or not, and where one or more unlicensed, inoperative or discarded vehicles or their component parts are held, no matter what the purpose. Such term shall include any place of storage or deposit for any such purposes of used parts or waste materials from motor vehicles which, taken together, equal in bulk one or more vehicles.
- All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
No person shall operate, establish or maintain a junkyard until he or she has obtained a license to operate a junkyard business and has obtained a certificate of approval for the location of such junkyard, and said person shall meet all DEC and state regulations.
Application for the license and the certificate of approved location shall be made in writing to the Town Planning Board of the Town of New Berlin. The application shall include a copy of the deed or other document proving ownership of the premises and a scaled plan and metes and bounds description of the junkyard.
The Town Planning Board shall hold a hearing on the application not less than 10 nor more than 62 days from the date of the receipt of the application. Notice of the hearing shall be given to the applicant by certified return mail to the address given in the application and shall be published once in the newspaper of public record of the Town of New Berlin, which publication shall be not less than 10 days before the date of the hearing.
At the time and place set for the hearing, the Town Planning Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, the 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 of convictions for any type of larceny or receiving of stolen goods and to any other matter within the purposes of this chapter.
The suitability of the location, including compliance with § 101-5 of this chapter; proof of legal ownership 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, nursing homes, public buildings or other places of public gathering; 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, pollution or environmental damage or other causes.
Aesthetic consideration, including the type of road servicing the junkyard or from which the junkyard may be seen, fencing protecting the junkyard from the view and 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.
Proof of insurance to operate a junkyard.
Notwithstanding any of the provisions of this chapter, no junkyard shall be licensed to operate if such yard or any part thereof shall be within 100 feet of a public highway, 500 feet of a church, school, hospital, nursing home, public building, place of public assembly or water district aquifer.
Tires, liquid contaminants, including but not limited to motor oil, transmission fluid, battery acid and radiator coolant, and other hazardous waste shall not be stored on the junkyard premises but shall be disposed of and removed from said premises in accordance with applicable state and federal laws.
After a hearing, the Planning Board shall, within six weeks, make a finding as to whether or not the applications should be granted, giving notice of its finding to the applicant by certified return receipt mail to the address given on the application. If approved, the license, including the certificate of approve location, shall be forthwith issued after approval of state and DEC to remain in effect for one year from the date of issuance. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee without a hearing, provided that all provisions of this chapter are complied with during the license 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 Planning Board may be appealed to the Town Board within 30 days of the filing of the Planning Board's written decision with the Town Clerk.
The license fee shall be $1,000, to be paid at the time the application is made, and a subsequent annual renewal fee of $500 if all regulations are met. In the event that the application is not granted, the fee shall be returned to the applicant. Before the license is issued, the applicant shall also pay the costs of the Town of New Berlin of advertising the application and other reasonable costs incident to the hearing as are clearly attributed thereto. Granting of a renewal license is conditioned upon satisfactory inspection of the premises by the Code Enforcement Officer.
All junkyards shall be completely surrounded with a fence at least eight feet in height 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 agent shall be within. Such fence shall be erected not nearer than 100 feet from a public highway. All materials, vehicles and parts thereof 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 the same in the reasonable course of the business. All work will be accomplished within the enclosure.
The fence will be constructed of woven wire with screening built in or built of approved wood panels so the yard is not visible from any side. Buildings, wood lots, van trailers will not be acceptable fencing.
Any duly authorized police officer, judicial officer or designated officer of the Town of New Berlin may, by service of summons or appearance ticket, require the owner, occupant or person having charge of the property on which a violation of this chapter exists to appear before the Town Justice of the Town of New Berlin. The Town Justice shall be empowered to direct that any and all junk per definition of junkyard in § 101-2, Definitions, be removed and the violation corrected within 15 days from the return date of the summons or appearance ticket.
In the event that the violation is not removed or corrected within such time as shall be provided by the Town Justice Court, the Town, after 15 days' notice to the property owner, served personally or mailed, certified mail, return receipt, to his last known address, may order its authorized agent to perform such work as shall be necessary to remove or correct the violation and assess the costs thereof against the land, to be lien against the property and to be collected as taxes are collected pursuant to law. Any vehicle removed from the property may be sold at public sale or destroyed. This remedy shall be in addition to any other penalty which may be imposed or provided by law.
Any person, firm or corporation, or his or her or its agent, servant, workman or employee, violating any of the provisions of this chapter shall be punishable by a fine of not less than $500 nor more than $1,000 and/or imprisonment for a term not to exceed 15 days. Each day's continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.