HomeMy WebLinkAboutSection 01 SECTION
1
1C CErroLG A11i) R};GUL&TING JUNK YARDS
O}tl)IJIAI LI
Legislativo intent. A clean, wholo •otno, attractivo onvirorxnont is declared
1 ) be of importance to the health and safety of the inhabitants and the safeguarding
„l their material richts against urwarrnntablo invasion and, in addition, such onviron.
mont is doomed osrontial to the maintenance and continued development of the economy of
the Town of lowfield and the general welfare of its citizens. It is further declared that
the unrestrained acctrnilatyion of junk is a hazard to such honith, aafoty and wolf are of
the citizens of the tam nocassiating the regulation, restraint and elimination thereof.
At the same tine, it is recognized that the maintenance of a junk yard, as hereinafter
defined, is a usoful and necessary business and ought to bo encouraged when not in con,.
flici with the express purposes of this section.
Section 21, Dofinitions as used in this ordinance:
(a) Tho term "junk yard" shall moan any place or storage or deposit, whether in
connection with another business or not, whore two or more unregistorod, old, or socond..
hand motor vehicles, no longer intended or in condition for logal use on the public
highways, are hold, whether for the purpose of resale of. used parts therefrom, for the
purpose of reclaiming for use soma or all of the materials therein, whether metal, g ,
disposing of the same, or for any other purposes;
iii for the purpose of
fabric. or othon • P rP
such term shall include any area or place whore there is a dumping, accumulation,
collection or storage of waste, secondhand or used materials of whatever composition.
(b) "Motor vehicle" shall mean all vohiclos propelled or drawn by power oth^r than
muscular power originally intended for use on public highways.
(c) Yti;i.K The torm "person" shall mean any individual, associatiohj, partnership or
corporation.
(d) Requirement for operation or maintenance: No porson shall operate, establish or
maintain a junk yard until he (1) has obtained a license to operate a junk yard and (2)
as obtained a certificate of approval for the location of such a junk yard.
(o) Application for License and Certificate of Approval. Application for the license
and the certificate of approved location shall be made in writing to the torn board of
the Town of Nowfiold and, the application shall contain a description of the land to be
included within the junk yard.
Sgt o Exceptions: This Ordinance shall not apply to a i l4.censed dealer in new
or used motor vehicles or farm equipment.
gglIoiL a, Hearing: A h oaring on the application shall bo held in the Tam of 11owfiold
at the Tern Hall thereof not less than two not' more than four weeks from the date of the
receipt of the application. Notices of the hearing shall be given to the applicant by
mail, postage propaid, 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 the hearing.
pt ,o License Requirements. At the time and place sot for the hearing, the town
board shall hoar the applicant and all other persons wishing to be hoard on the applica-
tion for a license to operate, establish, or maintain the junk yard. In considering such
application, it shall take into account the suitability of the applicant with reference
to his ability to comply with the fencing requirements or other reasonable regulations
concorninr the proposed junk yard, to any record of convictions for any typo of larceny
or HOW receiving of stolen goods, and to other matter within the purposes of this
section.
Location roquiromonts: At the samo time and place sot for the hearing the
am board hhall hear the applicant and all other persons wishing to be hoard on the
application for certificate of approval for the location of the junk yard. In passing
upon same, the town board shall take into accounts after proof of legal ownership on
r
l •
right to two of the proporty for tithe liconso hxiriod by the applicant, the nature
and dovolopnont of surrounding proporty, such an the proxlrr"•y of churches. schools,
Hospitals. public buildings or other places of public gathoring; and whether or not the
proposed location can be- ronsonab]y protected from affecting the public health and
safety by roason of offonsivo or unhoalthy odors or smoke, or other causes.
& lAgn_24eesthetic Considerations. At the hearing regarding location of the junk yard,
the town board may also take into consideration the clean, twholosomo and attractive
onvironnont which has boon declared to be of vital importance to the continued gonoral
welfare of its citizons by considering whether or not the proposod location can be
roasonably protected from having an unfavorable effect thereon. In this connection the
town bcerd may consider colloctivoly the typo of road servicing the junk yard or from
which the junk yard may be soon, the natural. or artific!•tl barriers protecting the
junk yard from view, the proximity of the proposod junk yard to ostablishod residential
areas or main access routes thiroto, as well as the roasonablo availability of other
suttablo altos for the junk yard.
aullon__an_ Grant or denial of application; Appoal: After the hearing the town board shall,
within to weeks make a finding as to whether or not the application should be granted,
giving notice of their finding to the applicant by mail at the -address given on the
application. If approved, the license, including the certificate of approved location,
shall bo forthwith issuod to remain in effect until the following April 1st. Approval
shall be personal to the applicant and not assignable. Licenses shall be reneuod there-
after upon payment of the annual liconse foe without hearing, provided all provisionns
of this chapter are complied with during the license period, and the junk yard does net
become a public nuisance under the common lair and the applicant is not convicted of any
typo of Larceny or the receiving of stolen goods.' The determination of the town beard
ray bo reviewed under article seventy eight of the civil practice law and rules.
adlgo_2a. License Foe: The annual license foe shall bo twenty-five dollars to be paid
at the time the application is mado and annually thereafter in the event of ronowal. In
ovent the application is not granted, the fee shall be roturned to the applicant. The
town board, in addition. to the license fee, may assess the applicant with the costs of
advertising such application and such other reasonable costs incident to the hearing as
are clearly attributable thereto and may make the license conditional upon payment of
same.
p L tUQL Fencing: Before use, a nor-r junk yard shall bo completely surrounded with
' a fence at least eight feet in height which substantially ucroons 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 his agent shall be within. Such fence shall be erected not
nearer than fifty foot 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 nocossary for the transportation of em ma in the reasonable course
of the business. All wrecking or other work on such motor vehicles and parts, second-
hand or used materials of whatever composition, and all burning, shall bo done within
the onclos;Yre of the junk yard.
(a) Whore the topography, natural growth of timber or other considerations
accomplish the purposes of the fencing requirements hereunder, the foncing requirements
may be reduced by the town board, upon granting the license, provided, however, that
such natural barrier conforms with the purposes of this ordinance.
.2163 .19.0.211. Established junk yards: For the purposes of this ordinance, the location.
of junk yards already established shall .be considered approved by the town board of the
•
— 3
Town of 1hwfield what. , located and the owner thereof doomod suitable for the insuanco
if a license. Within sixty days from the passage of this ordinance, however, th- owner
;hall furnish tho turn board the information as to location which is roquirod in an
application, together with the license foo, and the town board shall issue him a license
valid until the next April 1st, at which time, such owner may apply for ronowal as
heroin provided. Such owner shall comply with all other provisions of this section
including the fencing roquiromonts not fortlii subdivision eleven of this ordinance
within ore year from tho date of passgo of this ordinanco.
Socr,iq, 1.?% Violation of Ordinance and Offense; Penalties Thorofor.
(a) The ounor or licensoo of any such place of business who commits or permits
and acts in violation of any of the provisions • f this ordinance shall to doomod to
have committod an offense against such ordinance, and also shall bo liable for and such
violation or the penalty therefor. Each week such violation shall continuo or bo per-
mittod to axist shall constituto a separate violation.
(b) For every violation of and provision of this ordinanco the person violating
the sumo shall bo subject to a fine of not more than $50.00 or imprisonment not
exceeding 30 days, or by both such find and imprisionment.
(c) Conviction for and above mentioned violation shall constitute and effect an
immediate forfeiture of the license.
(d) In addition to the above provided penalties and punishment, the tarn 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
ordinance.
Stkg ,L. Saving Clause: If any clause, sontonco or part of this ordinance shall be
3djudgod by any court of competent jurisdiction to be invalid, such judgment shall not
iffect, impair or invalidate the remainder thereof, but shall bo confined in its operation
the clause, sentence,' paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have boon rendered.
Soctian l4•e Effective Date: This ordinance shall take effect ton. days after publication
and posting as provided by the Town Last Section 130.
}
Br ORDER OF THE TWN BOARD
OF Tin T X N OF N!AFIUD
Dated .
Pub:,
•
•
•
•
•
ORDINANCE AMENDING ORDINANCE
LICENSING AND REGULATING JUNK YARDS
Be it enacted by the Town Board of the Town of Newfield
that the following Ordinance shall amend the Ordinance -
ing and Regulating Junk Yards heretofore adopted bytheLTowns
of Newfield, New York.
Section (1 ) , Section 3 of said Ordinance shall henceforth
read as follows,
"Exceptions: This Ordinance shall not apply to a duly
licensed dealer in new or used motor vehicles or farm equip-
ment or a duly licensed automobile repair shop or body shop. "
Section (2) , Section 12 (b) of said Ordinance shall hence-
forth read as follows,
"For every violation of any provision of this Ordinance
the person violatig the same shall be subject to a fine of not
more than $250 .00 and/or imprisonment not exceeding fifteen (15)
days. "
Section (3) There shall be added to section 12 of said Ordi-
nance the following as subsection 1,
"Notwithstanding other
g an Y penalty herein, the Town of
Newfield, may 30 days after a conviction under this Ordinance
enter upon the premises of the violator and remove all junk,
rubbish, materials, unregistered automobiles which have consti-
tuted such violation and charge the violator for the reasonable
costs thereof. Such unpaid charges shall be deemed town charges
and shall be levied as in a manner of a special assessment on
the tax levy against such property at the first levy following
the billing for such charges by the Town of Newfield. Such un-
paid assessments shall be a lien against the real property of
the violator. "
Section (4) This Ordinance shall become effective ten (10)
days after publication pursuant to Section 133 of the Town Law.
Dated: July 8 , 1987 Town Board
Town of Newfield, New York
LOCAL LAW NO. .3
FOR THE YEAR 1988
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD
AS FOLLOWS:
SECTION 1 . 0
Title, Statutory Authorization and Purpose
1 .1 TITLE
This local law shall be known as the "Junkyard Regulation and
Licensing" Local Law of the Town of Newfield.
1 . 2 STATUTORY AUTHORIZATION
This local law is adopted under the authority of Section 130,
Subdivision 6, of the Town Law of the State of New York.
1. 3 PURPOSE
It is the purpose of this local law to promote the health,
safety, and general welfare of the residents of the Town of Newfield,
by the proper regulation of disposal areas, to prohibit the dumping
of junk and refuse in the twn except in such areas, to maintain a
clean, healthy and wholesome environment in said town.
SECTION 2 . 0
Definitions
2 .1 DEFINITIONS
As used in this local law:
(A) PERSON shall mean an individual, association, partner-
ship or corporation or any combination thereof and the
agent or employee thereof.
(B) JUNK shall mean and include any one or more of the
following: garbage, trash, rubbish and similar used
or waste material, unregistered motor vehicles, used
or waste construction materials, debris, parts of motor
vehicles.
(C) DISPOSE and all of its derivatives shall mean to dump,
deposit, throw away by a person or by another with the
consent or approval, active or passive, of a person
in a position to control or prevent the same;
•
(D) "MOTOR VEHICLE" shall mean all vehicles propelled by
mechanical or other power sources other than by human
or animal muscular power.
(E) "UNREGISTERED MOTOR VEHICLE" shall mean any motor vehicle
not currently registered in any state and by its appear-
ance and/or condition is no longer currently serviceable
for the use for which it was intended. It shall not mean
unlicensed vehicles which have not yet been repaired,
provided such repairs are made within 90 days of the
occurrence of damage.
(F) OPERATOR shall mean a person who shall operate a junk
yard site for which a permit is granted hereunder.
SECTION 3. 0
General Provisions
3 .1 LICENSE REQUIRED
No person shall store, deposit, receive or accept for disposal,
or delivery, dump or offer for disposal any junk on any land or at
any location, site or area within the Town of Newfield, unless such
land, location, site or area has been licensed as such as provided
hereunder, and no person shall operate any junk yard unless the same
has been licensed as provided hereunder.
3.2 APPLICATION FOR LICENSE
Any person who shall desire and intend to establish, operate
and maintain a junk yard in the Town of Newfield shall execute under
oath an application to the Town Board for a license which shall con-
tain the following information:
(A) The name and address of the applicant.
(B) A brief description of the site.
(C) The minimum number of employees if any he intends to
engage in the operation of the site.
(D) The name and address of the owner of the land upon which
the site is to be located and if the applicant is not
the owner, the nature of his right to occupancy of such
land, and if the applicant is a corporation, the names
of all shareholders and the number of shares held by
each shareholder, and if the applicant is a partner-
ship, the names of each partner and the interest held
by each such partner.
-2-
(E) The names and addresses of adjoining property owners.
(F) There shall accompany such application a map or plan
of the premises drawn to a scale of not less than one
inch to one hundred feet showing the following:
(1) The location of all boundary lines and/or
streets and highways abutting the premises
and all dwellings situate within one thous--
and (1000) feet of the area intended for use
as a junkyard.
(2) The exact location of the area intended for use
as a junkyard.
3. 3 LICENSE
(A) The annual fee for the issuance of a license hereunder,
or any renewal thereof, is fixed at Two Hundred
Dollars ($200 . 00) . •
(B) Such license shall at all times be displayed con-
spicuously at or near the entrance to the site for
the operation of which it was issued.
(C) Any license issued hereunder shall be effective from
the date of its issuance until December 31 following
its issuance. A license hereunder may be renewed for
additional one (1) year periods, provided all regula-
tions and provisions contained in this local law are
being complied with.
(D) All licenses issued under this law shall be non-
' transferable from or assignable by the named
permitee or licensee thereof, and for the purpose of
this subsection if such permit or such license is
issued to a corporation whose stock is not sold to
the general public on any recognized stock exchange
or "over the counter" and in compliance with applicable
Federal and State laws and regulations, any type
transfer or assignment of the ownership of a share or
shares of stock in said corporation, subsequent to
the issuance of a permit or license hereunder, by
the owner or owners of said share or shares of stock
at the time of the issuance of the permit or license
hereunder, which transfer or assignment would cause the
controlling interest in said corporation to be vested
in a party other than the party holding controlling
interest in the corporation at the time of the issu-
ance of the license or permit hereunder, except -,
through inheritance or disposition on death, , shall
-3-
be deemed and considered a transfer or assignment
within the meaning of this section, and, further, in
any event, the Town Board of the Town of Newfield must
be notified in writing by the corporate licensee or
permitee as to any transfer or assignment of ownership
of a share or shares of stock in said corporation,
whether or not such transfer vests controlling interest
of the corporation in another party. Any transfer or
assignment as defined in this subsection will cause an
automatic revocation of any permit or license issued
hereunder.
(E) Such license may be revoked or suspended by the Town
Board for the violation of any regulations herein after
a public hearing at which the licensee shall have an
opportunity to be heard.
3.4 EXCEPTIONS
(A) A license under this law shall not be required of (i) a
duly licensed dealer in new or used motor vehicles or
farm equipment, or (ii) of a duly licensed automobile
repair or body shop provided any unregistered motor
vehicle is disposed of within one year.
(B) The license exception shall only apply to activities
conducted in the course of the business referred to
in subparagraph A herein.
3. 5 HEARING REQUIRED
(A) HEARING: A hearing on the application shall be held
in the Town of Newfield at the Town Hall thereof not
less than three nor more than five weeks from the date
of the receipt of the application. Notices of the hearing
shall be given to the applicant and adjoining property
owners by mail, postage prepaid, to the address given
in the application and shall be published once in the
official town newspaper, not less than seven days
before the date of the hearing.
(B) LICENSE REQUIREMENTS. At the time and place set for the
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 such application, it shall take
into account the suitability of the applicant with refer-
ence to his ability to comply with the fencing requirements
or other reasonable regulations concerning the proposed
junk yard, to any record of convictions for any type of
larceny or receiving of stolen goods, and to other matter
within the purposes of this section. •
-4-
(C) LOCATION REQUIREMENTS : At the same time and place set
for the hearing, the town board shall hear the appli-
cant 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 use of the property for the license period
by the applicant, the nature and development of surround-
ing 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.
(D) AESTHETIC CONSIDERATIONS. At the hearing regarding
location of the junk yard, the town board may also take
into consideration 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 an
unfavorable effect thereon. In this connection, the
town board may consider collectively the type of road
servicing the funk yard or from which the junk yard
may be seen, the natural or artificial barriers pro-
tecting the junk yard from view, the proximity of the
proposed junk yard to established residential areas
or main access routes thereto, as well as the reasonable
availability of other suitable sites for the junk yard.
(E) 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 should
be granted, giving notice of their finding to the
applicant by mail at the address given on the applica-
tion. If approved, the license, including the certificate
of approved location, shall be forthwith issued to
remain in effect until the following April 1st.
Approval shall be personal to the applicant and not
assignable. Licenses shall be renewed thereafter
upon payment of the annual license fee without bear
ing, 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.
-5-
3 . 6 FENCING, SCREENING SECURITY REQUIRED
(A) (1) 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 his agent shall be within.
Such fence shall be erected not nearer than fifty
feet from a public highway or right of way. All
motor vehicles and parts thereof, and other
secondhand or used materials of whatever composi-
tion 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 what-
ever composition, and all burning, shall be done
within the enclosure of the junk yard.
(2) Where the topography, natural growth of timber or
other considerations accomplish the purposes of the
fencing requirements hereunder, the fencing require-
ments may be reduced or eliminated by the town
board, upon granting the license, provided, how-
ever, that such natural barrier with the
purposes of this local law.
(B) All premises granted a license shall be secured by a
gate suitable to exclude the public which shall be
locked when the premises are not in operation and/or
operator or his employees are not present.
3.7 ESTABLISHED JUNK YARDS
For the purposes of this local law, the location of junk yards
already established and licensed under prior laws or ordinances shall
be considered approved by the town board of the Town of Newfield,
where located and the owner thereof deemed suitable for the issuance
of a license which shall expire on December 31, 1988, after which time
the operator or owner may apply for renewal. Such operator or owner
shall comply with all other provisions of this section including the
fencing requirements set forth in Section 3.6. of this local law
within one year from the date of passage of this local law.
3, 8 COMPATABILITY WITH OTHER LAWS
This law shall be applied and interpreted in a fashion compatable
with other laws of the Town of Newfield. In the event of any conflict
with any other laws, including, but not limited to the Sanitary Land-
fill Law, the stricter of the two laws shall be applied- to the
situation of applicant.
-6- 4
•
SECTION 4 .1Q
Penalties and Enforcements
4 .1 PENALTIES
(A) Any person who commits or permits the commission of any
act or acts in violation of any of the provisions of
this local law shall be subject to a fine of not more
than Two Hundred Fifty Dollars ($250 .00) or imprisonment
for not more than fifteen (15) days, or both such fine
and imprisonment, and/or suspension of the permit for
a period of at least five (5) days, for each such viola-
tion. Each day such violation shall continue or be
permitted to exist shall constitute a separate
violation.
(B) In addition to the penalties herein provided for, the
Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent juris-
diction to compel compliance with or to restrain by
injunction any violation of this local law. Notwith-
standing any other penalty herein, the Town of Newfield
may 30 days after a conviction under this local law
enter upon the premises of the violator and remove all
junk, rubbish, materials, unregistered automobiles
which have constituted such violation and charge the
violator for the reasonable costs thereof. Such unpaid
charges shall be deemed town charges and shall be levied
as in a manner of a special assessment on the tax levy
against such property at the first levy following the
billing for such charges by the Town of Newfield. Such
unpaid assessments shall be a lien against the real
property of the violator.
4 .2 ENFORCEMENT OFFICER
The Town of Newfield shall have the authority to appoint an
Enforcement Officer authorized and empowered to act on behalf of the
Town of Newfield to enforce the provisions of this law, including the
right of entry onto any licensed premises or premises which are
unlicensed, but reasonably deemed to be in violation of the law.
-7-
J
SECTION 5 . 0
Saving Clause and Effective Date
5 .1 SAVING CLAUSE
If any section, paragraph, subdivision or provision of this
local law shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this local law as a
whole or any part or provision thereof other than the part so
decided to be invalid or unconstitutional .
5 . 2 EFFECTIVE DATE
This law shall take effect upon its filing with the Secretary
of State in accordance with Section 27 of the Municipal Home Rule
Law.
erg,