HomeMy WebLinkAbout1960-06-03 June 3 , 1960 3 z 7
The regular monthly meeting of the Dryden Town Board was called to
o rder by Supervisor Gridley . Present were Justices Hoagland and
Spaulding , Councilmen Baker and Saltonstall , Highway Supt . Beach ,
Asst . Highway Supt . Case , Assessor Abrams , and the following guests :
Mr . Ogden , Mr . Palisted , Mr . Frank Gilmore , Mr . E . R . Lemon , and later
Mr . Lloyd Hart .
The minutes of the previous meeting were bead and approved .
Moved by Clm . Baker , seconded by Justice Spaulding , that highway bills
totaling $ 7230 . 90 be paid as audited . Roll call vote , all voting YES .
Moved by Clm . Saltonstall , seconded by Justice Spaulding that General
bills totaling $ 724 . 37 be paid as audited . Roll call vote , all voting
YES .
Regarding the Baker Hill Road , Supervisor Gridley advised that he had
met with Mr . Tuthill of the Gas and Electric after Atty . Williamson
✓ evised some of the legal terms in the agreement , and it has been
submitted to their attorney . The matter stands there now , and it seems
d oubtful that it will be ready by July . If it were ready by that time ,
B aker Hill Road would be the logical one for the Erwin plan next year .
L etter from Randall Shew of the Ithaca Journal to Sup . Gridley was
✓ ead and entered in the correspondence file .
Moved by Clm . Saltonstall , seconded by Justice Spaulding , that the Town
Clerk be enabled to attend the school for Town Clerks at Cornell on
June 27 , 28 , and 29 . Roll call vote , all voting YES .
Moved by Clm . Saltonstall , seconded by Clm . Baker , that Hwy . Supt . Beach
be enabled to attend the school for highway superintendents at Cornell
June 27 , 28 , and 29 . Roll call vote , all voting YES .
Moved by Justice Spaulding , seconded by Clm . Saltonstall , that the
slate of Inspectors of Election , submitted by the Republican committee ,
be accepted , and , inasmuch as the Democratic party did not submit a
slate , the same Inspectors who served last year remain for another year .
Roll call vote , all voting YES .
The Inspectors are as follows : 6 A:. ,
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Republicans Democraty " ; %
D istrict 1 Ira Reed , Sr . Hazel Neigh .
Louise Walker Mrs . John Dunn
Martha Case
D istrict 2 Veda Lumbard Zelda Weibly
Roselia Harrington , Ella Koistinen .
D istrict 3 Betsey Clark Edythe Humphrey-
Clara Redmore Phyllis Trudeau . �
District 4 Katherine Payne Patricia Niemi 1711 ‹: x . .
Percy Howe John F . Ockay 1 -
D istrict 5 Gladys Stewart Helen Little
Frances Terry Verna Myers
D istrict 6 Velma Blackman I°Iaud Moore
Nettie Williams Nellie Futkerson .
The minutes of the public hearing on the junk yard ordinance were
read . Moved by Clm . Baker , seconded by Clm . Saltonstall , that the
old ordinance be repealed . Roll call vote , all voting YES .
The new ordinance was read by Supervisor Gridley and discussion of
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it followed ® Moved by Clm . Saltonstall , seconded by Justice
Hoagland , that the attached ordinance licensing and regulating
second hand or used materials , junk , and auto parts activities
and businesses be adopted . Roll call vote , all voting YES . Effec -
tive date of the ordinance will be ten days after publication .
The next regular meeting will be July 5 , 1960 at 8 : 00 pm .
Moved by Clm . Saltonstall , seconded by Justice Hoagland , that the
meeting be adjourned . Motion carried and so ordered .
Lewis Gridley , Supervisor
Jane M . Korbas . Town Clerk
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AN ORDINANCE LICENSING AND REGULATING SECOND HAND
OR USED MATERIALS , JUNK , AND AUTO PARTS ACTIVITIES
y AND BUSINESSES
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; • Section 1 . Legislative Intent of g � By the adoption o_ this ordinanc _
the Town . Board of the Town of Dryden declares its intent in so doing to be to
. regulate , control and license the activities or businesses known as auto
" graveyards " , junk yards , second-hand parts collection areas , the processing
j of used metals for resale and the dumping, accumulation, collection or storage ,.
of waste , second-hand or :used materials of whatever composition . Said Town
Board hereby declares that such activities or businesses can constitute a
hazard to_ property and persons , and a public nuisance . Such materials may be
highly inflammable and sometimes explosive . Gasoline tanks on old autos often
contain in some quantity combustible gasoline ; the engine and other parts of
} such autos are frequently covered with grease and oil which is also infl.anmabl
The tires , plastic seats , tops and other elements of such autos are also in-
flammable . Batteries and other elements of such autos can contain acids and
• other matter potentially harmful to humans . These autos frequently contain
j sharp metal or glass edges or points upon which a human could receive serious
cuts and abrasions . These autos can constitute attractive nuisances to
children and certain adults . The presence of such junk yards , collection or
storage areas is unsightly and tends to detract from value of surrounding
• land and property unless such areas are properly maintained and operated .
Section 2 . Definitions . As used in this ordinance :
I( a) The term "person " shall mean an individual , an association , a
partnership , a corporation .
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(b ) The term " auto " shall mean passenger auto , truck , tractor-truck ,
trailer , bus , motorcycle or other vehicle , however propelled , as well as
• tractors , bulldozers , machinery and equipment .
Section 3 . License Required . No person shall engage in or conduc
on real property within the Town of Dryden either for himself or for and on
behalf of any other person directly or indirectly as agent , employee or other-
wise any activity or business either for profit or otherwise , at - wholesale or
retail, which involves the collection , storage , burning, dumping, disassemblinv ,
dismantling, salvaging, sorting or otherwise handling or arranging for sale ,
resale , storage/ accumulation or collection , or otherwise of second-hand autos ,
the bodies , engines , or parts of such autos , ' or of any other second-hand or
used property of whatever material it is composed or any waste material whethe
• composed of wood , paper, cloth , cardboard , plastics , metals , stone , cement : or
otherwise without first obtaining a license from the Town Board therefor as
hereinafter provided .
Section Li. . Application for License . Each applicant for a license
hereunder shall submit to the Town Clerk a written application supplying ,
under affidavit , the following information : That the applicant is over
eighteen ( 18 ) years of age ; that he is a citizen of the United States ; a des -
cription of the type of business or activity he intends to conduct , and the
nature of the materials he intends to handle ; the name and address of the
• owner or owners of the land and the right of occupancy of the applicant to
the use of the land .
In the application , the applicant shall agree that if granted
the license applied for he will conduct the activity or business pursuant to
the regulations hereinafter set forth and that upon his failure to do so such
license may be revoked forthwith .
it person presently engaged in or conducting an activity or
business such as described herein on real property within the Town of Dryden
. must apply for a license therefor within thirty ( 30 ) days of the adoption of
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this ordinance . If the - place where he conducts such activity or business
presently complies with the requirements a person must meet to secure a
license in the first instance , he shall be issued a license therefor if he
meets the other requirements contained herein . If the place where he conducts
such activity or business does not presently comply with the requirements a
person must meet to secure a license in the first instance he mar be granted
a temporary license for one ( 1 ) year , during which year he must arrange the
place where he conducts activity or business so that it does then comply with -
the requirements a person must meet to secure a license in the first instance .
If at the end of such year such person has not so arranged his place of such
activity or business he shall forthwith cease and desist engaging in or con-
ducting the same and shall remove from Such place any autos ; parts or other
materials of the nature described herein .
If the person conducting such activity or business is not the
sole owner thereof he shall state such fact at the time he applies for his
! ` temporary license and the Town Board at the time of issuing such temporary
license shall send the owners or each of them a notice of the issuance of
such temporary license to such person together with a copy of this ordinance .
t Section 5 . The License . The fee for the license is hereby fixed
in the sum of $ 25 . 00 which sumi covers not only the cast of issuing the
license itself but also the cost of making the necessary inspections of the
r premises to ascertain compliance with the regulations hereinafter prescribed .
Such license shall be placed at all times displayed in a
conspicuous place at the licensee ' s place of activity or business for which
it is issued.
Such license shall be effective from the date of its issuance
until the 31st day of December of the year of such issuance after which a
new application for license must be made yearly if licensee desires to con-
tinue such activity or business .
Such license is personal with the licensee . It does not go
with the title to the land nor may it be sold , assigned, transferred or dis -
posed of .
Such - license may be revoked by the Town Board after a public
hearing thereon at Which the licensee shall have an opportunity to be heard .
Upon revocation of a license the Town Board may require the removal of autos ,
parts and materials left as above provided in the case * of an applicant for .
a temporary license who fails to qualify for a license .
Section 6 .
( a ) The licensee must personally manage or be responsible for
the management of the activity or business for which the license is granted .
( b ) The licensee must erect and maintain a six ( 61 ) foot fence
of closed meshed wire or sheet metal or other material acceptable to the Town
Board, adequate to prohibit the entrance of children and others into the area
of activity or business and to contain within such fence the materials men-
• tioned in Sections one ( 1) and three ( 3 ) of this ordinance , and if such area
• abuts a public street or highway such fence shall be twenty-five ( 250 ) feet
from the boundary line thereof . All the materials dealt in or collected by
the licensee shall be kept within such fence at all times .
( c ) In burning the auto parts and other materials collected,
accumulated or dealt in by the licensee , the licensee shall at all times
exercise discretion so as not to create a public nuisance or hazard .
( d) The autos , parts and materials collected, accumulated or •
dealt in by - the licensee shall be piled or arranged in neat rows so as to
permit easy , clear passage through the area .
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( e ) There shall be maintained at each such place of activity
or business for which a license is issued at least one ( 1) fire extinguisher
of approved design and capacity for each 20 , 000 square feet of area . Each
such fire extinguisher shall be hung or mounted in a conspicuous place , clearly
marked and available .
( f ) When the area is not supervised by the licensee or his
employees the fence shall be locked at a secure gate in a secure manner .
( g) Suitable sanitary facilities connected to public sewers
or peptic systems approved by. the Tompkins County Health Department, shall be
available for use and convenience of the employees of the licensee as well as
the general public visiting the area .
( h) The area of the licensee ' s activity or business shall not
�. be used as a dump area nor as a place for the burning —
ofo
trash .
( i ) The Town Peace Officer , the Town Clerk or the Town Board
or any of its representatives shall be granted access to the area of the
activity or business of the licensee at all reasonable hours to inspect the
same for compliance herewith .
Section 7 . Violation of Ordinance & Offense ; Penalties Therefor .
( a) The owner or licensee of any such place of business Who
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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 provision . 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 consti-
tute and effect an immediate forfeiture of the licensee .
( d) Any person violating this ordinance shall be subject to
a civil penalty enforceable and collectable by the Town in the amount of $ 50 . 00
for each such offense . Such penalty shall be collectable by • and in the name
of the Town for each week that such violation shall continue .
( e ) In addition to the above -provided penalties and punishment ,
the Town 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 .
Section 8 . Saving Clause . If any clause , sentence ,, paragraph,
. • section or part of this ordinance shall be adjudged by any - court of competent
jurisdiction to be invalid , such judgment shall not affect , impair or invalidat :
the remainder thereof , but shall be confined in its operation to the clause ,
sentence , paragraph , section or part thereof directly involved in the con-
troversy in which such judgment shall have been rendered .
Section 9 . Effective Date . This ordinance shall take effect ten
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days after publication and posting or immediately upon personal service as
provided by Section 133 of the Town Law.
BY ORDER OF THE TOt'TN BOARD OF
DATED : , l 6 o THE TOWN OF DRYDEN
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• - /may,
Town Clerk
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