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:
JUNKYARD
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.
VEHICLE
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.
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.
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.