Untitledat the following
Amendments to the
PLEASE TAKE NOTICE th
the Town Board at their
Junkyard Ordinance
were adopted by
regular meeting of June 18th, 1984.
The following Amendments to the Junkyard Ordinance were offere---'
by COUNC
ILMA1N INCORONATO who moved their adoption:
Seconded by: Councilwoman Paino
Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay Mrs. Ballard--- ant
I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger do he —,1 -
certify that the foregoing Amendments to the Junkyard Ordinance
were duly adopted at the Regular Meeting of the Town Board of t
Town of Wappinger held June 18th, 1984, at which time a quorum
was present and participated throughout and that the same is st:
in force and effect and is duly entered in the minutes of said
meeting.
IN WITNESS HWEREOF, I have hereunto set my hand and the
of the said Town of Wappinger this 22nd day of June, 1984.
Elaine H. Snowden
Town Clerk
Town of Wappinger
11 Dated: June 22, 1984
Date of Publication: June 27th, 1984
F
SCHEDULE OF AMENDMENTS PROPOSED TC
THE JUNKYARD ORDINANCE OF THE TOWN
OF WAPPINGER ADOPTED BY THE TOWN
BOARD ON JULY 11, 1977 AND AS FUR-
THER AMENDED BY THE TOWN BOARD OF
MAY 14, 1979.
Section 4: APPLICATION FOR LICENSE
The paragraph starting with the words, "At the time
making the application" shall be amended by adding in at Lh,
of the said aforementioned phrase the following words: "an,:
each annual renewal application," and otherwise to read as
The paragraph commencing with the words, "A person
ntly
engaged in or conducting an activity or business such as de:_ ed
herein on real property within the Town of Wappinger ;rust 3;
for a license therefor within thirty days of the adoption cis
article" shall remain as is, but the remainder of that para,_:
shall be deleted commencing with the words, "If the place wi
he conducts..." etc.
Section 5: THE LICENSE
The first paragraph shall be amended by increasing t—:
fee for the license from $25.00 to $200.00, and the words,
"necessary inspections" shall be amended to read, "initial i,: �-
tion." At the end of the sentence ending with the word, "pr( ,:_bed,"
the following shall be added thereto: "Any subsequent inspec!, i
resulting from failure to comply shall cost $50.00 per inspe(, ,i.
If non-compliance with this ordinance shall exist thirty days, trier
SECTION 6: REGULATIONS
The second paragraph of this section shall be amended
indicate that the licensee shall erect a six foot fence and ot1 1 -
wise is to remain the same, except to have added thereto, aft
the word "business," the following language: "All junkyard
materials, equipment and structures shall be kept and maintairi..
at least one hundred feet from any residential boundary lines
adjacent and contiguous properties, except that crushiry operat:
and equipment shall be located no closer than four hundred fee
from any such residential boundaries."
The first sentence of the fourth paragraph of this sect,
shall remain as is. However, the second sentence, commencing
the words, "All burning shall..." including the next sentence,
ending with the words, "legal holiday" shall be deleted. A fi?.,;:
sentence - to be added to this paragraph - shall read as follo�,;;
"There shall be no stacking of vehicles except for the absolut,,
minimum required for crushing operations."
r
such initial inspection,
the application theretofore made sh..;
;e
deemed
to be null and void
and the applicant shall then cease,
s
desist
from all types and
manner of junkyard operation."
a
The last paragraph
of this section commencing with the
words,
"In the event that
an applicant for a license..." shall
deleted
in its entirety.
SECTION 6: REGULATIONS
The second paragraph of this section shall be amended
indicate that the licensee shall erect a six foot fence and ot1 1 -
wise is to remain the same, except to have added thereto, aft
the word "business," the following language: "All junkyard
materials, equipment and structures shall be kept and maintairi..
at least one hundred feet from any residential boundary lines
adjacent and contiguous properties, except that crushiry operat:
and equipment shall be located no closer than four hundred fee
from any such residential boundaries."
The first sentence of the fourth paragraph of this sect,
shall remain as is. However, the second sentence, commencing
the words, "All burning shall..." including the next sentence,
ending with the words, "legal holiday" shall be deleted. A fi?.,;:
sentence - to be added to this paragraph - shall read as follo�,;;
"There shall be no stacking of vehicles except for the absolut,,
minimum required for crushing operations."
SECTIO14 7: VIOLATION OF ORDINANCE, OFFENSE AND PENAL,';"'
THEREFOR
The second paragraph of this section shall be amended +
read as follows: "For every violation of any provision of th_!;
article, the person, entity, corporation or partnership vioilit,,,,
the same shall be subject to a fine of one hundred dollars."
The third paragraph of this section shall be amended k),
increasing the civil penalty from the sum of $25.00 to the stir.
of $100.00.
T O W N
0 F
W A P P I N G E R
* * * * * * * * * * * * * * * * * * * * *
S A L V A G E
Y A R D
O R D I N A N C E
*****************
AN ORDINANCE LICENSING AND REGULATING THE
ACTIVITIES AND BUSINESSES OF DEALERS IN
SECOND HAND MATERIALS, JUNK AND USED PARTS.
Adopted July 11, 1977
Amended June 18, 1984
SECTIO14 I - LEGISLATIVE INTENT
By the adoption of this ordinance the Town Board
of the Town of Wappinger declares its intent in so
doing to be to regulate, control and license the
activities of businesses known as auto "graveyards",
junk yards, second-hand parts collection areas, the
processing of used metals for resale, and the dump-
ing, storage, and disposal 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 automobiles often contain in
some quantity combustible gasoline; the engine and
other parts of such automobiles are frequently
covered with grease and oil which is also inflammable.
The tires, plastic seats, tops and other elements of
such autos are also inflammable. Batteries and
other elements of such autos can contain acids and
other matter potentially harmful to humans. These
autos frequently contain 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 even in areas zoned
for business or industry is unsightly and tends to
detract from value of surrounding land and property
unless such areas are properly maintained and
operated.
SECTION II - DEFINITIONS
AS USED IN THIS ORDINANCE:
(a) The term "person" shall mean an individual,
an association, a partnership, or a corporation.
(b) The term "auto" shall mean,passenger auto,
truck, tractor -truck, trailer, bus, motorcycle, or
other vehicles, however propelled, as well as tractors,
bulldozers, machinery and equipment. ',
SECTION III - LICENSE RE UIRED
Property within the Town
self
or fof Wappinger either for him-
self or and'on behalf of any other person direct-
ly or indirectly as agent, employee, or otherwise any
activity or business either for profit or otherwise,
at wholesale or retail, which involves the collection,
storage, burning, dumping, disassembling, dismantling,
salvaging, sorting or otherwise handling or arranging
for sale, resale storage or disposal,
bodies, engines, or otherwise of
or parts of autos, or of any second
hand or used property of whatever material it is
composed or any waste material whether composed of
wood, paper, cloth, cardboard,
cement, or otherplastics, metals, stone,
otherwise without first obtaining a license
therefor as hereinafter provided.
ECTION IV - APPLICATION FOR LICENSE
Each applicant for a license here under shall
execute, under oath, an application therefor to be
supplied to him by the Town Clerk, which shall con-
tain the following information: That the applicant
is over twenty-one (21) years of age, that he is a
citizen of the United States, and such other facts
or evidence as is deemed necessary to establish that
he is a person fit and capable of properly conduct-
ing the activity or business for which the license
is sought; a description of the exact type of busi-
ness he intends to conduct, the nature of the
materials he intends to handle; the number of
employees he intends to engage; and the name and
address of the owner or owners of the land and the
nature of the right of occupancy of the applicant
to the use of such land.
At the time of making the application, and at
each annual renewal application, the applicant shall
submit to and file with the Town Clerk a map or plan
of the real property upon which he intends to conduct
the activity or business for which he is making
application for a license hereunder with the area of
such real property which it is proposed to use for
such purpose, the location of the fence required
hereunder indicated thereon as we 11 as the location
of any buildings on such land and the location of any
streets or highways abutting or passing through such
land and the location of any water, sewer or gas mains
or laterals available
drainage pattern of such 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 here-
inafter set forth and that upon his failure to do so
such license may be revoked after due notification
and hearing set forth in Section 5 hereof.
A person presently engaged in or conducting an
activity or business such as described herein, on real
property within the Town of Wappinger must apply for
a license therefor within 30 days of the adoption of
this ordinance.
If the person conducting such activity or busi-
ness is not the sole owner thereof he shall state
such fact at the time he applies for his temporary
license and the Town Clerk 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.
No license shall be issued or renewed to any
person who, at the time of such application, is in
violation of any other local law or ordinance of the
Town of Wappinger or the County of Dutchess.
SECTION V - THE LICENSE
The fee for the license is hereby fixed in the
sum of $200.00 which sum covers not only the cost of
issuing the license itself but also the cost of
making the initial inspection of the premises to
ascertain compliance with the regulations herein-
after prescribed. Any subsequent inspection result-
ing from failure to comply shall cost $50.00 per
inspection. If non-compliance with this ordinance
shall exist thirty days after such initial inspection,
the application theretofore made shall be deemed to
be null and void and the applicant shall then cease
and desist from all types and manner,o junkyard
operation.
Such license shall be placed and at all times
displayed in a conspicuous place at the license's
place of activity or business for which it is issued.
Such license shall be effective 'from the date of
- 'I -
Its issuance until the
Year
of ss 31st day of December of the
for license1imustubece aftermade ye which a now application
to continue such activityyearly if licensee desires
Such license is or business.
al
does not go With the titlenOf the hland enor e. It
be sold, assigned, transferred or �Y it
granting of a license to a successor stnsiaterest The
a transferee shall not be arbitrarily withheld.or
Such license may be revoked by the Town Board
after a public hearing thereon at
licensee shall have an o which time the
Upon revocation of pportunity to be heard.
require the removalaoficense the Town Board may
left as above autos, parts and materials
provided in the case of an applicant
for a temporary license who
license. fails to qualify for a
SECTION VI - REGULATIONS
SUBDIVISION A - The Licensee shall conduct such
activity or business in a manner to minimize the
fire hazard and to prevent improper trespass there-
on by children and others.
SUBDIVISION B - All materials dealt
licensee shall be kept within the in by the
pr
such an area abuts a residential or
or a public street or highway, the lcommercial area
icensee shall
erect a six foot fence, or hedge or other
not in itself inherentlybarrier,
Prohibit the unauthorizeddentrance'Ofdchildrequate to
others into the area of the activitychildren or
All junkyard materials or business.
ures shall n kept , equipment and struct-
ures
and maintained at least one
hundred feet from any residential boundar
of adjacent and contiguous Y lines
crushing operations perand equipment tshall ebeel
no closer than four hundred feet from any located
residential boundaries. such
SUBDIVISION C - The Licensee shall provide
sufficient fire lanes throughout the premises main-
tained to adequately permit entrance of a fire truck,
and all materials must be kept at Boa_+ ,� t_
SUBDIVISION D - The auto
dealt in b Parts and materials
dismantled yin a safe manner,
shall be dis-assembled or
arranged in neat manner, and shall be piled or
rows
so as to
oTPermit easy, clear
Passage throughout
stacking of vehicles here shall be no
except for the absolute
minimum required for crushing operations.
SUBDIVISION E - There shall
each such place be maintained at
of
a license activity or business for which
is issued at least one t
(1) fire e '
Of approved design and capacity for each 4ex lnquisher
square feet of area in active use, .000
extinguisher shall b Each such fire
Placee hung or mounted in a conspicuous
clearly marked and available.
SUBDIVISION F - The
premises The
Licensee shall keep the
wised shall take adequate sed and when not
SO super -
equate
entry children Precautions to prevent the
or others into the area.
SUBDTI7ISION G
activ- The area of the licensee's
ity or business shall not be used as a
area or as a place for the burning garbage
garbage. g and disposal of
SUBDIVISION H - The town police, the Town Clerk,
or the Town Board or
be granted access to any Of its representatives shall
ness of the the area of activity or busi-
licensee at all reasonable hours to
inspect the same for compliance herewith.
SECTION VII - VIOLATION OF ORDINANCE
PENALT�S THEREFOR AN OF
SUBDIVISION A - The Owner
such place of business whocoor licensee of any
acts in violation of commits or permits any
ordinance shall be any of the provisions of this
offense a deemed to have committed an
against such ordinance, and also shall be
liable for any such violation or the
for. Each day such violation continue shall continue orbeto exist shall constitute a
violation, after a ten da Separate
on the owner thereof. y notification duly served
SUBDIVISION B
visin„ _ +1;_ - For every viola ti nn �f
subject to a fine of $100.00.
SUBDIVISION C - Any person violating this
ordinance shall be subject to a civil penalty en-
forceable and collectible by the Town in the amount
of $100.00 for each such offense. Such penalty shall
be collectible by and in the name of the Town for each
day that such violation shall continue.
SUBDIVISION D - 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 compentent jurisdiction to compel
compliance with or to restrain by injuction the
Violation of such ordinance.
SECTION VIII - REPEAL
All ordinances or regulations heretofore adopted
in conflict with this ordinance are hereby repealed.
SECTION IX - SAVING CLAUSE
In any clause, sentence, paragraph, section, or
Part of this ordinance shall be adjudged by any court
Of competent jurisdiction to be invalid, such judge-
ment 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 directly involved in the controversary
in which such judgement shall have been rendered.
SECTION X - EFFECTIVE DATE
This ordinance shall take effect ten days after
publication and posting or immediately upon personal
service as provided by Section 133 of the Town Law.
ORDINANCE LIMITING HOURS
OF OPERATION OF JUNKYARDS
SECTION I - DEFINITIONS
For the purpose of this section, a "Junkyard" shall
have the same definition and meaning as that set forth
in the General Municipal Law Section 136, Subdivision 2.
SECTION II - HOURS OF OPERATION
The hours of operation of any junkyard within the
Town of Wappinger shall be limited to those hours
commencing at 7:00 A.M. in the morning and ending at
7:00 P.M. in the evening.
SECTION III - PENALTIES AND VIOLATIONS
Violators of any portion of this ordinance shall be
guilty of an offense punishable by a fine for the first
offense not exceeding $50.00, for the second offense,
not exceeding $100.00 and for the third offense, not
exceeding $250,00. In addition thereto, the Town Board
in its discretion, after due notice and opportunity for
a hearing, may terminate any license previously issued
to any junkyard found guilty of three offenses within
eighteen months.
SECTION IV - EFFECTIVE DATE
This ordinance shall become effective upon filing,
Posting and publication as prescribed by Article 9 of
the Town Law.
Adopted May 14, 1979