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1977PLEASE TAKE NOTICE that the following Ordinance was adopted by the Town Board of the Town of Wappinger at a Regular Meeting held on July 11, 1977. TO'►N OF WAPPINGER AN ORDINANCE LICENSING AND REGUTATING THE ACTIVITIES AND BUSINESSES OF DEALERS IN SECOND HAND.HATERIALS, JUNK AND USED AUTO PARTS..... ... .............�.F„Ef SECTION 1 - LEGISLATIVE INTENT. By the adoption of this ordinance they Town Board of the Town of Wappinger declares its intent in so doing to be a 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 dumping, 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 2 - DEFINITIONS As used in this ordinatice: (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 vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment. SECTION 3 - LICENSE REQUIRED No person shall engage in or conduct on real property within the Toa#c of Wappinger either. for himself or for and on behalf of any other person directly or indirectly as agent, employee, or otherwise an- 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, or .,*t,e,.Tj{ &-e of hrnA4Pc . Pnvinec_ nr harts of autos. or of any other second hand or used property or wnatever material lL LJ t;uwjjvacv v� cs.a) waa.�ac "'6�CLict1 whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement, or otherwise without first obtaining a license therefor as hereinafter provided. State of New York ) ) ss County of Dutchess) I, ELAINE Ho SNOWDEN, Town Clerk of the Town of Wappinger, Dutchess County, New York, do hereby certify that the foregoing Ordinance was duly adopted at a Regular Meeting of the Town Board of the Town of Wappinger duly and regularly called and held on the 11th day of July, 1977, at which time a quorum was present and participated throughout, and that the same has not bee -r in any manner rescinded or -annulled and that the same is still in force and effect and is duly entered in the minutes of said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Town of Wappinger this 12th day of July, 1977, Elaine H,,, Snowden Town Clerk Town of Wappinger 'SECTION 4 - APPLICATION FOR LICENSE Each applicant for a. license here under shall executes under oath, an* application • therefor to he supplied to him by the Town Clerk, which shall contain. the follow-- ind 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 :..conducting the activity or business for which the license is sought; a descript- ion of the exact*type of business he intends to conduct, the nature of the materials he intends to.handle; the lumber 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 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 wnich he is making application. for a license hereunder. with the area of such real property which it is prop* posed to use for such purpose, the Potation of the fence required. hereunder.*. 'indicated thereon as well 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. there- to as well'as the general 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 hereinafter 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 place where he conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instances he shall be issued a license, therefor if he meets the other requirements con- tained 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 shall be granted a temporary license for one year, during which ye4l; he must arrange the place where he conducts such 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 conducting 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 Clerk at the time of issuing such temporary license shall: - send the owners or eacli • of them a not;"ce..af the issuance of such temp Qra�, 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'inviolation of any other local law or ordinance of the Town of Wappinger or the County of Dutchess. - V MIN SECTION 5 - THE LICENSE The fee for the license is hereby fixed in the sura of $25;00 which sum covers r not only the cost of issuing the license itself but also the cost of making the necessary inspections of the premises to ascertain compliance with the regulations hereinafter prescribed. 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 its issuance untilthe 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 continue -such, activity or business. -.Such license is personal with licensee. It does not go with -the title -o -the land nor may it be sold, assigned, transferred or disposed of.. The grant- ing of a license to a successor in ilterest•or a transferee shall* not be arbitrarily withheld. Such license may be revoked by the Town Board after a public hearing thereon at which time 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. In the event that an applicant for a license as provided herein shall have previously been duly issued a valid and effective Junk Dealer's license by the supervisor of this town, pursuant'to the provisions of Article 6 of. the New York State Cenral Business Law, then such.applicant shall be en- titled to -and allowed a credit against the above provided license fee in the` amount of $5.00 such Junk Dealer's license fee actually paid by such applicant; otherwise, this ordinance shall be fully binding upon and applicable to the holder of any such Junk Dealer's License. SECTION 6 - REGULATIONS,'' Subdivision A - The Licensee'shall conduct such activity or business in a manner to minimize the fire hazard and to prevent improper trespass thereon by children and others, Subdivision B - All materials dealt in by the licensee shall be kept within - the premises and if such an area abuts a residential or commercial area or a public street or highway, the licensee shall erect a fence, or hedge or. other barrier not in itself inherently dangerous adequate to prohibit the unauthorized entrance of children or others into the area of the activity or business. Subdivision C --The Licensee shall provide sufficient fire lanes throughout the premises maintained to adequately permit entrance of a fire truck, and all materials must be kept at least -10 feet from the boundary lines of the premises where the same abuts a public street. Subdivision D - The auto parts and materials dealt in by the Licensee shall be dis-assembled or dismantled in a safe manner, and shall be piled or arranged in neat rows so as to permit easy, clear passage throughout the area. All burning shall be in an area maintained especially for burning and pursuant to' the safety measures of the trade. Any area designated or used for burning shall be at least 25 feet from -any boundary line of the licensed premises and no burning shall be permitted or allowed on any. Saturday, Sunday, Monday or legal holiday. •: Subdivision E - There shall be maintained at each such place of activit ' y or business for which a license is issued at least one (1)f ire extinguisher of approved design and capacity for each 40,000 square feet of area in active use. Each such fire extinguisher shall be hung or mounted in a conspicuous. place, clearly marked and available. Subdivision F - The Licensee shall keep the premises properly supervised and when not so supervised shall take adequate precautions to prevent the entry of children or others into the. area. Subdivision G - The area of the licensee°s activity or business shall 'not be used as a garbage area. or as a place for the burning and disposal of. garbage. Subdivision H -.The town pal ee.the Town Clerk, or the town board or any'of its representatives shall be.granted access to the area of activlty or' business of the licensee at all reasgnable hours to inspect the same for compliance herewith.' SECTION % -- VIOLATION OF ORDINANCE AN OFFENSE: PEK-M IES THEREFOR. Subdivision A - The..owner or licensee of any such place of business who 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 ordin- ance, and also shall be liable for any such violation or the penalty there- for. Each day such violation shall continue or be permitted to exist shall constitute a separate violation, after -.ten day notification duly served . on the owner thereof. Subdivision 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 $25.00. Subdivision C - Any person violating this ordinance shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $25.00 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 competent jurisdiction to compel compliance with or to restrain by injunction the violation of such ordinance. SECTION 8 - REPEAL All ordinances or regulations heretofore adopted in conflict with this ordin- ance are hereby repealed. SECTION 9 --SAVING CLAUSE If any clause, sentence, paragraph, section or part of this ordinance shall be 4djudged by any court of competent jurisdiction to be invalid, such judge- ment shall not affect, m 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 sudh judgement shall have been rendered. SECTION 10 - 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.