Regulation of Junkyards & Automobile Junkyards

Town of Conquest Local Law Number 1 of the year 1986

A local law Providing for the Regulations of Junkyards and Automobile Junkyards the Licensing of the operators thereof, and defining the places and areas in which abandoned automobiles may be stored.

Be it enacted by the Town Board of the Town of Conquest as follows:

Section I. Repeal of Prior Law.

Local Law Number 1 of the Year 1967 entitled A local law providing for the regulations of junkyards and automobile junkyards the licensing of the operators thereof, and defining the places and areas in which abandoned automobiles may be stored is hereby repealed in its entirety.

Section II. Declaration of Intent.

The Town Board of the Town of Conquest, by the adoption of this Local Law, pursuant to Municipal. Home Rule Law of the State of New York, and Article 6, Section 136 of the General Municipal Law of the State of New York, declares its intent to license persons engaged in the business of operating junkyards; to regulate and control the location of such business; and to control and designate the places and areas where abandoned and junked automobiles may be kept or stored.

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 an environment is deemed essential to the maintenance and continued development of the economy of the Town of Conquest and the general welfare its inhabitants.

It is further declared that the unrestrained accumulation of junk motor vehicles is a hazard to such health, safety, and welfare of the inhabitants of the Town of Conquest, necessitating the licensing, regulation restraint, and elimination thereof.

Section III. Definitions.

Automobile Junkyard. Shall mean any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old, or secondhand 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 shall include any place of storage or deposit for any such purpose or used parts or waste materials from motor vehicles, which, taken together, equal in bulk (2) or more vehicles.
Motor Vehicles. Shall mean all vehicles propelled or drawn by power other than muscular power originally intended for use on public highways.
Person. Shall mean an individual, firm, trust, partnership, association, or corporation.
Junkyard. Shall mean any place of storage or deposit, whether in connection with another business, or not, where refuse, debris, old or second hand items, no longer in condition for their intended use are held, kept or stored, whether for the purpose of resale of used parts therefrom, or the purpose of reclaiming for use some or all of the materials therein, of whatever nature, for the purpose of disposing of the same, or for any other purpose.

Section IV. Size & Location Requirements.

No junkyard or automobile junkyard shall be maintained on a piece of property of less than ten acres in size.
No junkyard or automobile junkyard shall be maintained in any area closer than 200 feet from the nearest highway.
No junkyard or automobile junkyard shall be within 500 feet of a church, school, hospital, public building or private residence, unless said residence shall be occupied by the applicant.

Section V. Requirement for Operation or Maintenance.

No person shall operate, establish or maintain a junkyard until:

He has obtained a certificate of approval for the location of such junkyard.
He has obtained a license to operate a junkyard business.
The annual license fee shall be fifty ($50) dollars 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. In addition to the license fee, the applicant shall be assessed with the costs of advertising, such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and the license conditioned upon payment of the same.
Before use, a new junkyard shall "be completely surrounded by a fence at least eight feet in height, which substantially screens and with a suitable gate which shall be closed and locked during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected not less than fifty feet from a public highway. All motor 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 same in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts, and all burning of the same within the vicinity of the junkyard shall be accomplished within the enclosure.
Where the topography, natural growth of timber or other considerations accomplish the purposes of this local law in whole or in part, the fencing requirements may be reduced by the Town Board, upon granting the license, provided, however, that such natural barriers conform with the purpose of this local law.
Established Junkyards. For the purpose of this local law, the location of junkyards already established shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license. Within sixty days from the passage of this local law, however, the owner shall furnish the Town Board the information as to location which is required in an application, together with the license fee, and the Town Board shall issue him a license valid until the next April first, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this local law, including the fencing requirements set forth in Section V, Paragraph D, of this local law.
Permits, licenses and certificates of approval for the operation of a junkyard or an automobile junkyard shall be issued for a junkyard business only, and shall not be issued for personal use.
All operators shall conduct their junkyard business in such a manner as to promote the general welfare and health and safety of the community, and shall not create an unsightly or unsafe condition.
Operators upon application for certificate of approval, and permit consent to the inspection of their junkyard or automobile junkyard business at reasonable hours by members of the Town Board to insure that said business is being conducted in compliance with this local law and all other laws which may apply.

Section VI. Application for License & Certificate of Approval.

Application for the license and certificate of approved location shall be made in writing to the Town Board of the Town of Conquest. The application shall contain a description of the land to be included within the junkyard.
Hearing.
1. A hearing on the application shall be held before the Town Board not less than three, nor more than six, weeks from the date of the receipt of the application by the Town Board.
2. 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 the newspaper having a circulation within the Town, which publication shall not be less than seven days before the date of the hearing.
3. Factors to be Considered.
  1. 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 certificate of approval for the location of the junkyard. In passing upon same, it shall take into account, after proof of legal ownership or right to such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of a building or structure used as a residence, church, school, hospital, 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 of other causes.
  2. 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 junkyard. 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 concerning the proposed junkyard, to any record of conviction for any type of larceny or receiving of stolen goods, and to any other matter within the purposes of this local law.
  3. At the hearing regarding location of the junkyard, 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 inhabitants 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 junkyard or from which the junkyard may be seen, the natural or artificial barriers protecting the junkyard from view, 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 junkyard.
Appeal.
After 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 findings to the applicant b mail, postage prepaid, to the address given in the application. If approved, the license, including the certificate of approved location, shall be forthwith issue to remain in effect until the following April 1st. approval shall be personal to the applicant, and not assignable. The license shall be renewed thereafter upon payment of the annual license fee without hearing, provided all provisions of this local law 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 Town Board may be reviewed under Article 78 of the Civil Practice Laws and Rules.

Section VII. Penalties for Violations.

A violation of this local law shall be deemed a violation, and any person convicted under this local law shall be guilty of a violation, punishable by a fine not to exceed fifty ($50), and/or imprisonment not to exceed fifteen days. Each week of continued violation shall be deemed a separate offense.

Section VIII. Validity.

If any section, paragraph, subdivision or provision of this local law shall be invalid, such invalidity shall apply only to the section, paragraph, subdivision or provision adjudged invalid and the rest of the local law shall remain valid and effective.

Section IX. Effective Date.

This local law shall take effect immediately.