[HISTORY: Adopted by the Town Board of the Town of New Berlin 2-14-2011 by L.L. No.
1-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 124.
Vehicles and traffic — See Ch. 144.
Storage of vehicles — See Ch. 146.
[1]
Editor's Note: This local law superseded former Ch. 101,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.
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
A.
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.
B.
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.
A.
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.
B.
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.
