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HomeMy WebLinkAbout1955-07-05 187 July 5 , 1955 . The regular monthly meeting of the Dryden Town Board was held July 5 , 1955 at the Town Office Building . Present were Supervisor Downey , Superintendent of Highway Beach , and Justices Shaw , Whitford , Baker and Spaulding . The minutes of the previous meeting were read for information . Moved by Justice Shaw , seconded by Justice Spaulding , that the General bills totaling 4125 . 57 and the Youth Project bills of 487 . 80 , be paid as audited . Roll call vote , all voting YES . Moved by Justice Whitford , seconded by Justice Baker , that the Highway bills totaling 41819 . 11 be paid as audited . Roll call vote , All votinsr. YES . Moved by Justice Whitford , seconded by Justice Shaw , that the wishes of Betsey Clark , Historian , to attend the Congress of Local to be Historical Societies of Western aew York,held at Buffalo , N . Y . on July 27th , be granted . Carried and so ordered . Moved by Justice Whitford , seconded by Justice Shaw , that the York Corporation bid , the only one submitted , for power grader rake for 41 , 295 . 00 be accepted . Roll call vote taken , all voting, YES . A communication was read from Frederick Bryant , relative to the Town adopting an ordinance on auction sales of personal property . The Town Board decided that no action was necessary to be taken at this time . Justice Whitford offered the following resolution and asked its adoption : Resolved : That this Town Board cause a Public hearing to be held at the Town Office Building on August 3rd between the hours of 8 : 00P . M . and 9 : 00 P . M . for the purpose of hearing interested persons relative to the Town of Dryden adopting an ordinance for the licensing and regulating of Junk Dealers and. Dealers in Junk motor vehicles , and be it a Further Resolved : that the Town Clerk give notice of such hearing in the Tompkins County Rural News at least • ten days prior to the date of hearing . Motion seconded by Justice Spaulding . Carried by roll call vote , all voting YES . _. .. . . . _. 188 The next board meeting is to be held August 3rd 1955 . The minutes of this meeting were read and approved . Moved by Justice Shaw , seconded by Justice Baker that this meeting be adjourned . Leona Fortner , Town Clerk • Charles Downey , Supervisor . • • AFFIDAVIT OF PUBLICATION THE ITHACA JOURNAL State of Yein lgorh, 't�oznpkins Countu, se . : Norma Compton being duly sworn, deposes July zo, 1955 NOTICE OF PUBLIC (TEARING • In compliance with . Laws of 1951, Section 130, The Town Clerk of the and says, that 5}le resides in Ithaca, County and State aforesaid and Town of Dryden, has been authorized by the Town Boai'd. at a meeting held the fifth day of Ju1$r, 1955. and read that S'le is Bookkeeper in the minutes of such meeting, for the purpose of giving notice for- a ' Public Hearing to be held August 3. 1955 at the Town Office Building, 65 of THE ITHACA JOURNAL a public newspaper printed and published in • East Main Street in the Village of Dryden , between the hours of 8 : 00 I p.m. and 9 : 00 p. m. for the purpose Ithaca aforesaid, and that a notice, of which the annexed is a true that all interested persons may be - > > ( heard , for or against. That hat the Town. _. Board and the Town Clerk, may by Iordinance, rules and regulations for copy, was published in said paper the licensing and otherwise regulating of junk dealers and dealers in junk 1 automobiles Or motor vehicles which July 23 • -i 1955 are prohibited from the use of the (public highways and known as Junk Yard, Graveyard or so-called scrapped used cars, at any time or place situ- iated in the Town • of Dryden. New , York, outside of all incorporated vii- ' lages in said Town of Dryden, New York. By order of the Town Board and that the first publication of said notice was on the 23rd . of Dryden . N. Y. LEONA FORTNER, day of July 1955.. . . Jul,. . 23 Town Clerk, • . _ .. .g."42-42(e) Subscribed and sworn to before me his 25th day of July 19- 55 MAary Public,is E. DAte of S ZY- Notary Public, State of Ne�► 16 _ (� Tompkins County #. '1 ° '�- �1a are Notary Public. My Commission Expires ' • • • 0 • • • rra TOWN ORDINANCES OF THE TOWN OF DRYDEN , IN THE COUNTY OF TOMPKINS AND STATE OF N . Y . BY THE TOWN BOARD MEMBERS AT A MEETING HELD AUGUST 3i , 1955 HEREBY ENACTS AND ADOPTS THE FOLLOWING ORDINANCES AND AFTER HAVING HELD A PUBLIC HEARING THEREON THIS no, DAY OF AUG , ARTICLE 1 , ' SECTION 1 ; ANY PERSON OR PERSONS BEFORE ESTABLISHING A JUNK YARD , GRAVE YARD , / OR SO CALLED SCRAPPED USED CARS , AT ANY TIME OR PLACE SITUATED IN THE TOWN OF DRYDEN , NEW YORK , OUTSIDE OF ALL INCORPOR- ATED VILLAGES IN SAID TOWN , SHALL FIRST COMPLY WITH ART . 9 SEC . 137: TOWN LAW , APPLY TO THE TOWN CLERK OF SUCH TOWN OF DRYDEN , N . Y . FOR A LICENSE THIRTY DAYS BEFORE STARTING SUC H , JUNK YARD , GRAVE YARD OR SO CALLED SCRAPPED USED CARS , AND FURNISHING TO SUCH TOWN CLERK THE LOCATION , AND DESCRIPTION OF ALL SUCH LANDS AND THE NAMES AND ADDRESS OF THE OWNERS OF ALL ADJOINING LANDS ; SUCH LICENSE SHALL BECOME EFFECTIVE FROM THE DATE THEREOF AND SHALL CONTINUE IN FORCE FOR THE TERM AND SHALL NOT BE TRANSFERABLE , SUCH A LICENSE SHALL NOT BE ISSUED FOR A LONGER TERM THAN UNTIL THE FIRST DAY OF JANUARY NEXT SUCCEEDING ; A FEE FOR SUCH LICENSE SHALL BE TWENTY DOLLARS ( $ 20 . 00 ) . A LICENSE MAY BE REFUSED IF THE APPLICANT SHALL HAVE BEEN CONVICTED OF ' A MISDEMEANOR OR FELONY , WHICH IN THE JUDGMENT OF THE TOWN CLERK RENDERS THE APPLICANT UNFIT OR UNDESIRABLE TO CARRY ON THE TRADE OR OCCUPATION INVOLVED , THE TOWN CLERK MAY ALSO REFUSE A LICENSE TO ANY PERSON WHO IN THE TOWN CLERK ' S JUDGMENT SHALL BE AN UNDESIRABLE PERSON OR INCAPABLE OF PROPERLY CONDUCTING THE TRADE OR BUSINESS DESIRED , ANY APPLICANT WHO HAS BEEN REFUSED A LICENSE BY THE TOWN CLERK MAY APPLY TO THE TOWN BOARD THEREFORE , AND THE f SAME MAY BE GRANTED OR REFUSED BY THE TOWN BOARD , EXCEPT AS PROHI - BITED _HEREIN , AFTER A PUBLIC HEARING THEREON AT WHICH II101 THE LICENSEE SHALL HAVE AN OPPORTUNITY TO BE HEARD , THE TOWN BOARD MAY REVOKE ANY LICENSE ISSUED UNDER AUTHORITY OF ARTICLE 9 , SECTION 137 OF THE TOWN LAW , TO ANY APPLICANT WHOM TUE TOWN BOARD SHALL DETERMINE TO BE AN UNDESIRABLE PERSON OR INCAPABLE OF PROPE - l . CONDUCTING THE TRADE OR BUSINESS PREVIOUSLY LICENSED . THE GRANTING , REFUSAL OR REVOCATION OF SUCH LICENSE BY THE TOWN BOARD SHALL BE 1 SUBJECT TO REVIEW BY CERTIORARI . SECTION 2 ; ALL JUNK YARDS , GRAVE YARDS , OR SO CALLED SCRAPPED USED CARS , SHALL BE C. IASSIFIED AS SUCH , WHEN THERE IS FOUND TO BE EIGHT OR MORE SUCH MOTOR VEHICLES UNFIT TO MEET THE REQUIREMENTS OF ARTICLE 3 OF THE MOTOR VEHICLE LAWS OF THE STATE OF NEW YORK , AND SO PLACED UPON EACH SEPARATE , PARTIAL OR TAXABLE PROPERTY , SHALL BE WITHIN THE REQUIREMENTS OF THIS ORDINANCE , AND FAILURE TO OBTAIN A LICENSE FROM THE TOWN CLERK OF THE TOWN OF DRYDEN N . Y . SHALL BE A VIOLATION OF THIS ORDINANCE , RULE OR REGULATION ADOPTED BY THE TOWN BOARD OF DRYDEN , NEW YORK , PURSUANT TO CHAPTER L35 OFTHE TOWN LAW AND IS HEREBY DECLARED TO BE IN VIOLATION OF THIS ARTIC OF SUCH ORDINANCE . i SECTION 3 ; THAT THE REQUIREMENTS OF SUCH JUNK YARDS , GRAVE YARDS , OR SO CALLED SCRAPPED USED CARS , IS HEREBY SET FORTH , ALL SUCH YARDS SHALL NOT COME NEARER TO ANY PUBLIC HIGHWAY , STATE , COUNTY OR TOWN HIGHWAY THAN ONE- HUNDRED-FIFTY FEET . FURTHER THAT THE FRONT AND SIDES OF SUCH YARDS SHALL BE CLOSED BY EIGHT FOOT BOARDS , SHRUBBERY , VINES , OR OTHER ATTRACTIVE MEANS , TO MEET WITH THE APPROVAL OF THE TOWN BUILDING INSPECTOR . SECTION 4 ; TO BE REASONABLE AND JUST TO THE NOW EXISTING OWNERS OF JUNK YARDS , GRAVE YARDS , OR SO CALLED SCRAPPED USED CARS , NOW SITUATED IN THE TOWN OF DRYDEN , OUTSIDE OF ALL INCORPORATED VILLA S EACH SUCH EXISTING PROPERTY OWNER AS OF THE DATE OF THIS PUBLICAT ON SHALL BE GIVEN A WRITTEN NOTICE OF SUCH ORDINANCE , REGULATION OR REQUIREPENT AND NOT MORE THAN SIX MONTHS SHALL ELAPSE FROM T I',E DA E OF SUCH NOTICE W h T N ALL SUCH EXISTING OWNERS , LEASORS , O R PERSON I T Q t " STATE OF NEW YORK COUNTY OF TOMPKINS TOWN OF DRYDEN I , Dewey T . Whitford , a member of the Town Board of Dryden , New York , do hereby make the following resolution and ask its adoption : Be it resolved for the protection of the General welfare of the Public in and for the people of the Town of Dryden , outside of any and all incorp - orated villages in such Town of Dryden , under the Town Laws of 1951 in Article 9 , Section 130 , after a public hearing to enact , amend and repeal ordinances , rules and regulations not inconsistent with law , for the following purpose in addition to such other purposes as may be contemplated by the provision of this Chapter or other laws . Therefore be it resolved that the Town Clerk of the Town of Dryden , New York be and is hereby authorized to give notice of such hearing by the publication of a notice in at least one newspaper circulating in the Town of Dryden , New York , specifying the time when,, and the place wherejsuch • hearing will be held , such notice to be published once at least ten days prior to the day specified for such hearing . B e it further resolved : Section 136 Town Law , that the Town Members of the Town of Dryden may provide by Ordinance for the Licensing and otherwise Regulating of Junk Dealers and Dealers in Junk Automobiles or Motor ✓ ehicles , which are prohibited from the use of the public highways as unfit or fail to meet the requirements as are set forth in Article 3 of the Vehicle and Traffic Laws of the State of New York . Be it further resolved : That the Ordinance shall read , Sub . 1 , any person or persons before establishing a Junk Yard , Grave Yard , or so called scrapped used cars , at any time or place situated in the Town of Dryden , New York , outside of all incorporated villages in said Town , shall first comply with A rt . 9 , Sec . 137 Town Law , apply to . the Town Clerkof such Town of Dryden , New York , for a license thirty days before starting such junk yard , grave yard or so called scrapped used cars , and furnishing to such Town Clerk , the location , description of all such lands and the names and addresses of the owners of all adjoining lands ; such license shall become effective from the date thereof and shall continue in force for the term and shall not be transferable ; such a license shall not be issued for a longer term than until the first day of January next succeeding ; a fee for such license shall be twenty dollars ( 4p20 . 00 ) . A license may be refused if the applicant shall have been convicted of a misdemeanor or felony , which in the judgment of the Town Clerk renders the:. applicant unfit or undesirable to carry on the trade or occupation involved , the Town Clerk may also refuse a license to any person , who in the Town Clerk ' s judgement , shall be an undesirable person or inca}Able of properly conducting the trade or business desired . Any applicant , who has been refused a license by the Town Clerk , may apply to the Town Board therefore , and the same may be granted or refused by the Town Board , except as prohibited herein , after a public hearing thereon at which the licensee shall have an opport - unity to be heard . The Town Board may revoke any license issued , under A uthority of A rticle 9 , Section 137 of the Town Law , to any applicant whom the Town Board shall determine to be an undesirable person or incatable of properly conducting the trade or business previously licensed . The g ranting , refusal or revocation of such license by the Town Board shall be subject to review by CERTIORARI . FURTHER , the Town Board shall make uniform , requirements of such junk , . '' grave yards , or so called scrapped used cars , situated in the Town of Dryden , and not includingrtazcorporated villages of said Town of Dryden . By Ordinance : Sub . 2 . All dunk yards , grave yards , or scrapped used cars , shall be classified as such above , when there is found to be e ight or more such motor vehicles unfit to meet the requirements of Article 3 of the Motor Vehicle Laws of the State of New York , and so placed upon each separate , partial or taxable property , shall be within the requirements of this Ordinance , and failure to obtain a license from the Town Cleric Of the Town of Dryden , New York , s'mal'l--' be a , V1olatton of ? €hlstOkilhance ; Ruleor Regulation adopted by the Town Board of Dryden , New York pursuant to Chapter 135 of the Town Law and is hereby declared to be a misdemeanor and punishable for a first o ffense of not more than fifty dollars and a jail sentence of not more than six months in the County Jail or Penitentiary , or by both , such fine and imprisonment . Be it Further resolved : Sub . 3 , That the requirements of such junk yards , grave yards , or so called scrapped used cars , is hereby set forth , all such yards shall not come nearer to any public highway , state , county or town highway than one - hundred - fifty feet . Further that the front and sides of such yards shall be closed by eight foot boards , shrubbery , ✓ ines or other attractive means , to meet with the approval of the Town Building Inspector . :i Be it further resolved : Sub . 4 , To be reasonable and just to the now existing owners of junk yards , grave yards , or so called scrapped used cars , now situated in the Town of Dryden , outside of all incorporated ✓ illages , each such existing property owner , as of the date of this publication , shall be given a written notice of such ordinance , regul - ation or requirement and not more than six months shall elapse from the date of such notice when all such existing owners , leasors , or person in charge of jun1 yards , grave yards , or so called scrapped used cars , shall then come within the meaning of such ordinance , rules or regulat - ions , and failure to comply , is wilfully and in violation of the said ordinance , rules or requirement , and punishable for a first offence by a fine not to exceed fifty dollars or a jail sentence not to exceed six months in the County Jail or Penitentiary or by both such fine and imprisonment Be it further resolved : That after the adoption of such Ordinance , the o riginal of such Ordinance be filed in the minutes of said Town Board Meeting and a copy of said Ordinance being verified and with the o fficial seal of the Town Clerk , be on file with each acting Justice o f the Peace in and for the Town of Dryden , New York . The above resolution is hereby approved by YES votes , denied by NO ✓ otes , all members voting : Supervisor Charles Downey Voting _ f _ Justice of Peace , Harry SpauldingVoting 1 Justice of Peace , Alvord Baker Voting �� - Eustice of Peace , Dewey WhitfordVoting Justice of Peace , Francis Shaw Voting '/_ .+ At a meeting held in and for the Town of Dryden , at t - Town Office Building , situated in the Village of Dryden , New York , 65 East Main Street this day of July , 1955 . Signed . J .n/CL, C ` }WV Town Clerk • CONTINUED C HARGE OF JUNK YARDS , GRAVE YARDS , OR S 0 CALLED SCRAPPED USED CARS , SHALL THEN CO ME WITHIN THE MEANING OF SUCH ORDINANCE , RULES • OR REGULATION , AND FAILURE TO COMPLY IS WILFULLY AND IN . VIOLATIO - N OF THIS ORDINANCE , RULES OR REQUIREMENT , PENALTIES ; A VIOLATION OF ANY PART OF ELMER SECTION ONE , TWO , THREE OR FOUR , OF THIS ARTICLE PURSUANT TO CHAPTER 135 OF THE TOWN LAW AND IS HEREBY DECLARED TO BE A MISDEMEANOR AND PUNISHABL - E FOR A FIRST OFFENSE OF NOT MORE THEN FIFTY DOLLARS AND A JAIL SENTENCE OF NOT MORE THAN SIX MONTHS IN THE COUNTY JAIL OR PENITENTIARY , OR BY BOTH , SUCH FINE AND IMPRISONIMNT T OWN C LERK STATE OF NEW YORK SP-Erhea.. Iteirri-tal COUNTY OF TOMPKINS TOWN OF DRYDEN SWORN TO BEFORE NE () THIS 10 DAY OF L 1955 eL4L .4 ( . CHA , LES a DOWNEY • NOTARY PUBLIC, S`. o.+f. OF NEW YORK Kean In Tompkins County Clurk's Na. 55-407BEMB Commlulen expiras Witroti • • i I AFFADAVIT OF PUBLICATION COUNTY OF TOMPKINS ss : STATE OF NEW YORK fr} A. K. FLETCHER, being duly sworn, deposes and says that he is the publisher, printer, and proprietor of the RURAL NEWS, a public newspaper, printed and publishedj-- in the Village and Town of Dryden, Tompkins County, 4from the date thereof and shall continue in force for the term and N. Y., that he is over 21 years of age, that he resides in the 'shall not !be .; .transferable, such a Town of Dryden, County and State aforesaid, and that the license shall• . not •be. issued for a • annexed summons and notice subjoined thereto has been longer term than until the first day i of January next succeeding; a fee , published in said newspaper once a week for „,.6,- NE •for such license shall be twenty - dollars ($20.00) : . - i successive weeks and on the following days A license may refused if the .ap- ' AUGUST 17 1955 1 �plicant shall have been convicted of i e being publications, a misdemeanor, or felony, which in the . judgment of . the Town Clerk : the first being the day of renders the, applicant unfit or un- desirable W. carry on the trade or ' and on each Wednesday thereafter to and including occupation involved, the Town : • Clerk may also refuse a license to any. person who in. the Town ' " ` " Gc Clerk's judgment shall be an unde- • i ` FC4; sirable erson or inca able of mp- To be reasonable and i;ust to the p p p ' existing Owners of junk 'yards. `�� -� erly conducting the trade or . busi- ness -grave yards, . pr , so called scrapped itor an Publisher Hess desired, any applicant who has Used cars, now situated. in the Town{ _ been refused a license by the Town or Dryden, outside of all incor'por- ■ Subscribed and sworn to efore me Clerk may _ apply to the . Town •ated , villages - each such existing I Board therefore, and the same may . properly; .owner as of the date of this 2 S day of 195 s be granted or refused by the . Town 1 t}iis . triLblication shall be given a Board, except as prohibited 'herein' , ! written . notice of such ordinance, NOTARY PUBLIC after a public hearing thereon at regulation or requirement and not nt.e� , . • . which the licensee shall-have an more than six months shall elapse • DONNA CROSSGROVS +� . opportunity to .be heard, .the Townj' j from the date of such notice when Notary Public, State of Na;v Yorr.. Board may revoke any .license . all such existing owners, lessors, or No. 55-tale of 5 issued under authority of : Artrcle 9, tricrson in charge of irrnk yards. Section 13.7 .• of the Town Law, .to .grave yards, or sh called scranned •Qua.. In toIDYatua .••,.e..., any applicant whom . the Town • T. .'i, • znpira3 :.: ;rch 30, 19 ....- -e; • . Board shall determine -to be an un- � 1 nsed " can's.. shall then :come within . - . desirable - person or incapable of • the meaning 'of such ordinance, rules or regulation, and.- failure to properly conducting the trade. or ( comply ? fc inrjlfully and. n violation . TOWN- ORDINANCES business previously licensed. . The of this ordinance, - rules or require OF THE TOWN OF DRVDF.'N. granting, o refusal or revocation of � - IN THE COUNTY OF TOMP- ment, . such license by the Town Board . ,,nalties° "THE 'AND STATE OF N. Y. • BY shall be .. subject to review- by cer- ( p n viojation• of`,am Hart of section TI-FE TOWN BOARD NiEMBEItSI tiorari. •AT A. . ,M'E'F,TING HELD AU- one, tw.cm three •or four, of this arti- SECTION 2; de i ursuant to chapter V35 of the ' t GUST 3rd, 1955 1. HEREBY EN- . 411 junk yards, grave -yards or so 1 p . ACTS - AND ' ADOPTS T.BE;,YOL- town law; and is. hereby declared to PLOWING ORDINANCES 1'AhTD ' called scrapped used cars,. •shall bet he a misdemeanor arid punishable ri AFTER HAUIN\rG HELD A .PUB; classified as such, when ' there is I a first offence of not more than LTC I l\r EAR� G fnr THEREON found to be eight or more such) I 'fifty dollars and a. fail sentence of motor vehicles unfit to;teet the re- Jj • hot more than six months in the THIS 3rd DAB OF AUGUST. quirements of Article .3 of the Mo- ) ; ou ty fail or 'penitentiary, or by ARTICLES 1 , for Vehicle Laws - of the State. ofll n - P SECTION 1 ; New York, and so plated upon each both_ , such fine % and itnnrisnniment. Any person or Lenna Fortner } p persons" before parate, .partial " or taxable proper- Town Clerk establishing a junk yard, grave ` ty shall be within the requirements ' Crate of New York yard, or " so called scra'pp'ed used }}. of this ordinance, and failure to County of Tompkins cars, at any time or place situated in I obtain a license ' from the Town ; Town 'of Drvd n the Town of ' Dryden, New York, ' Clerk of the Tov;n of Dryden, N. Y. ' Sworn to before me this 10th day of _outside . of all incorporated villages shall be a violation of this ordin- : in said Town, shall first comply epee rule or regulation adopted by "August 1955 . with ART. 9 SEC . 137. Trnvn:Law, the Town Board of Dryden, New Pubilihed August 17, 1955 - apply to t'he ' Town Clerk of such York. ipursuant - to Chapter 135 of Town of Dryden, N. Y. . fora the Town. Law .and is hereby declar license thirty clays before starting : ed to be in violation of this Article '. such junk yard, grave yard or so, of such ordinance. ' ' t f called scrapped used cars, and • SECTION 3 furnishing to such Town Clerk the - .That ' the requirements of such ' Location, and description of all such junk yards, grave. yards. or so called lands and the names and a'ddre"ss of scrapped used cars;° is hereby set ', ate owners of all ad joining . lands; such license shall become effective ; forth, all such yards shall not come nearer to any ' public,.highway, state _ . • county or teiwn •highway , than one Hundred and fifty feet. i Further "that the front and sides of 4, .1 "s-itch yards shall -6e closed 1w eight' • foot boards, shrubery, Vines, . or . other attractive .means, to meet with the approval of the town building inspector. _ . _,_. _ _ . - - - .