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HomeMy WebLinkAbout1989 Licensing and Regulating Junk Yards- OrdinanceORDINANCE RELATING TO LICENSING AND REGULATING JUNK YARDS IN THE TOWN OF GROTON Section 1. Legislative Intent. A clean, wholesome, attractive environment is declared to be of importance to the health, and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion and, in addition, such environment is deemed essential to the maintenance and continued development of the economy of the Town of Groton and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk motor vehicles and other waste material is a hazard to such health, safety and welfare of citizens of the Town necessitating the regulation and elimination thereof. At the same time, it is recognized that the maintenance of junk yards, as hereinafter defined, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this section. Section 2. Definitions, as used in this Ordinance: (a) The term "Junk yard" shall mean any place of storage, or deposit, whether in connection with another business, or not, where two or more unregistered, old, or seconhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric, or otherwise, for the purpose of disposing of the same, or for any other purpose; such terms shall include any area or place where there is a dumping, accumulation, collection or storage of waste, -1- secondhand or used materials of whatever composition. ID (b) "Motor Vehicle", shall mean all vehicles propelled or drawn by power other than muscular power originally intended for use on public highways. (c) The term "person" shall mean any individual, association, partnership or corporation. Section 3. Requirement for operation or maintenance: No person shall operate, establish or maintain a junk yard until he (1) has obtained a license to operate a junk yard business and ( 2 ) has obtained a certificate of approval for the location of such junk yard. Section 4. Application for License and Certificate of Approval. Application for the license and the certificate of approved location shall be made in writing to the Town Board of the Town of Groton and, the application shall contain a description of the land to be included within the junk yard. Section ,5. Exceptions: This Ordinance shall not apply to materials collected temporarily in the open and used in normal seasonal agricultural operation by the owner or lessee of the property. Section 6. Hearing: A hearing on the application shall be held in the Town of Groton at the Town Hall thereof not less than two nor more than four weeks from the date of the receipt of the application. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the town not less than seven days before the date of hearing. -2- Section 7. License Requirements: At the time and place set for hearing, the Town 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 junk yard. In considering suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regula- tions concerning the proposed junk yard, 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 section. Section 8. Location Requirements: At the time and place set for the hearing, the governing board of the town shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard. In passing upon same, the Town Board shall take into account, after proof of legal ownership or right to such use of the property for the license by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, 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 or smoke or other causes. Section 9. Aesthetic Considerations: At the hearing regarding location of the junk yard, the Town Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having -3- an unvavorable effect thereon. In this consideration, the Town Board may consider collectively the type of road servicing the junk yard or from which the junk yard may be seen, the natural or artificial barriers protecting the junk yard from view, the proximity of the proposed junk yard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junk yard. Section 10. Grant or denial of application appeal: After the hearing the Town Board shall, within two weeks, make a finding as to whether or not the application shall be granted, giving notice of their findings to the applicant by mail at the address given on the application. If approved, the license, including the certificates of approved location, shall be forthwith issued to remain in effect until the following January lst. Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee without hearing, provided all provisions of this chapter are complied with during the license period, and the junk yard 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 Town Board may be reviewed under article seventy-eight of the Civil Practice Law and Rules. Section 11. License Fee: The annual license fee shall be twelve dollars ($12.00) to be paid at the time the application is made and annually thereafter in the event of renewal. In the event the application is not granted, the fee shall be returned to the applicant. The Town Board, in addition to the license fee, may assess the applicant with the costs of advertising such appli- cation and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the license conditional upon payment of same. Section 12. Fencing: Before use, a new junk yard 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 junk yard or when the applicant or its agent shall be within. Such fence shall be erected not nearer than twenty-five feet from a public highway or right-of-way. All motor vehicles and parts thereof, and other secondhand or used materials of whatever composition stored or deposited by the applicant shall be kept within the enclosure of the junk yard except as removal shall be necessary for the transportation of same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts, secondhand or used materials of whatever composition, and all burning shall be done within the enclosure of the junk yard, (a) Where the topography, natural growth of timber or other considerations accomplish the purpose of the fencing requirements hereunder, the fencing requirements may be reduced by the Town Board, upon granting of the license, provided, however, that such natural barrier conforms with the purposes of this ordinance. Section 13. Established junk yards: For the purpose of this ordinance, the location of junk yards, already established, shall be considered approved by the Town Board of the Town of Groton -5- where located and the owner thereof deemed suitable for the issuance of a license. Within sixty days from the passage of this ordinance, however, the owner shall furnish the Town Board the information as to the location which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until January 1, 1969, at which time, such owner may apply for renewal as herein provided, Such owner shall comply with all other provisions of this section including the fencing requirements set forth in subdivision twelve of this ordinanceby January 1st, 1969, Section 14. Expansion of junk yard: In the event that the licensee during the year wishes to expand the land area of his junk yard, he shall make application to the Town Board in the same manner as for a new license and obtain the Town Boards approval as herein set forth, but there shall be no additional fee required of the licensee, other than the expenses and costs attributable to the hearing. Section 15. management: (a) The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted. (b) Burning of auto parts and other materials collected, accumulated, stored in, dealt in, by the licensee is hereby permitted under the rules and regulations of the Tompkins County Health Department or any other state or local agency or designated officer of the local fire protection district having jurisdiction thereof. Section 16. Violation of Ordinances an Offense, Penalties Therefor: - 6 - (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 ordinance shall be deemed to have committed an offense against such ordinance, and also shall be liable for any such violation or the penalty therefor. Each week such violation shall continue or be permitted to exist shall constitute a separate violation. (b) For every violation of any provisions of this ordinance the person violating the same shall be subject to a fine of not more than $50.00 or imprisonment not exceeding 30 days, or by both such fine and imprisonment. (c) Conviction for any above mentioned violation shall constitute and effect an immediate forfeiture of the license. (d) In addition to the above provided penalties and punish- ment, the Town. Board may also maintain an action or proceedings 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 ordinance. Section 16: Saving Clause: If any clause, sentence or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof indirectly involved in the controversy in which such judgment shall have been rendered. Section 17. Effective date: This ordinance shall take effect ten days after publication and posting as provided by the Town Law Section 130. -7- AMENDMENT TO THE ORDINANCE LICENSING AND REGULATING ID JUNK YARDS Section 13. Establishing Junk Yards* For the purpose of this Ordinance, the location of junk yards, already established, shall be approved considered/by the Town Board of the Town of Groton where located and the owner thereof deemed suitable for the issuance of a licenses Within sixty(60) days from the adation of this Amendment to the Ordinance, however, the owner shall filewith the Town Board an application containing the information as to the location which is required in an application, together with the license fee, and the Town Board shall issue applicant a temporary license valid for (6) a period of six/months. Such owner shall, *ithin the six (6) months period, comply with all other provisions of thisOrdinance including the fencing requirements set forth in Subdividi.on 12 of this Ord- inance and upon compliance with all of f.. the provisions of this Ordinance, a license or certificate of approval will be issued to the applicant. Notice of Hearing: November 259 1970 Date of Hearing: December 7, 1970 Date of Publication of Adoption: December 23, 1970. AMENDMENT TO r1HE ORDINANCE LICENSING AND REGULATING JUNK YEARDS Section 10. Repealed. Section 10 (new). Grant or denial of application; appeal. After the hearing, the Town Board shall within thirtyc(30) days, make a finding as to whether or not the application shll be approved or disapproved. Such findings shall be amiled to the applicant at the address on the application. If approved, the license shall include the location as described on the application and condityons imposed on the license. The license shall remain in effect until the fol- lowing January 1st. Approval and granting of the license shall be personal to the-applicclnt and shall not be assignable. Licenses shall be renewed annually thereafter upon payment of the annual license fee without hearing, provided all provisions of this ordi- nance are compli ed with at the t.imeof renewal. The determination of the Town Board may be reversed under the laws of the State of New York. 0 AMENT DMEN T TO ORDINANCE RELATING TO LICENSING AND REGULATING JUNKYARDS IN THE TOWN OF GROTON Section 15. Management; (c) Commencing April 1, 1989, every operator of a junkyard shall keep a copy of a bound Log which will contain the following entries for each vehicle brought into the yard subsequent to the above date: 1. Make/Model/Color 2. Vehicle Identification Number 3. Arrival Date 4. Certification that the vehicle arrived either without an engine and/or fuel tank, or that both were drained and the contents disposed of in a manner which is in conformance with environmental law. 5. Signature All entries in the Log shall be made in ink, and it shall be available for review by the Code Enforcement Officer during the annual inspection. Notice of Hearing: Date of Hearing: Date of Adoption: March 1, 1989 March 13, 1989 March 13, 1989