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Untitled11 PLEASE TAKE NOTICE that the following Ordinance Licensing and Regulating the Activities and Businesses of Dealers in Second Hand Materials, Junk and Used Auto Parts, was introduced by the Town Board of the Town of Wappinger at their Regular Meeting held June 13, 1977. AN ORDINANCE LICENSING AND REGULATING THE ACTIVITIES AND BUSINESSES OF DEALERS IN SECOND HAND MATERIALS, JUNK AND USED AUTO PARTS The following Ordinance was introduced by Supervisor Diehl, seconded by Councilman Clausen: PLEASE TAKE FURTHER NOTICE that the Town Board of the Town of Wappinger will conduct a Public Hearing on the aforesaid Ordinance on Wednesday, June 29, 1977 at 7:30 P.M. EDST, to hear all persons concerning this Ordinance. June 14, 1977 Elaine H. Snowden Town Clerk . SECTION 1 - LEGISLATIVE INTENS`. By the aacipti,on of this ordinance the 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 evert 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 ordipance: (a) The term "person" shall a partnership, or a corporation. (b) The term "auto" shall m truck, trailer,.bus, motorcycle, as well as tractors, bulldozers, mean an individual, an association, can passenger auto, truck, tractor -- or other vehicle, however propelled, machinery and equipment. SECTION 3- LICENSE REOUIRL`'D. No person shall engage in or conduct on real property within the Town of Wappinger either for himself or for and on behalf.of any other person directly 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, or otherwise of.bodies, engines, or parts of sutos, or of any other second hand or used property of whatever material ut is composed or any waste material whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement, or otherwise without first obtaining a license therefor as hereinafter provided. SECTION 4 - 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 contain 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 pioperly conducting the activity or business for which the license is sought; a description of the exact type of business 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 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 we7.3, 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 Wappi.nger 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 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 shall be granted a temporary -license for or.►e year, during which year he must arrange the place where he conducts such activity or business so that it does then comply with the re- quirements 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. -2- 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. Da ted ; ,: t3° er .Qfle TownMnoarl Hilaine H. Snowden Town=+1e rk 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 each of them a notice of the issuance of such temporary license to such person together with a copy of this ordinance. r F SECTION 5 - THE LICENSE The fee for the license is hereby fixed in the sum of $25.00 which sum covers 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 until the 31st day of December of the year of such issuance after which a new application for license anust be made yearly if licensee desires to continue such activity or business. Such.license is personal with the licensee. It does not go with the title of the land nor may it be sold, assigned, transferred or disposed of. The granting of a license to a successor in interest 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 licenseeshall 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 General Business Law, then such applicant shall be entitled to anlallowed 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 • -3- 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 premi.ses.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 activity or business for which a license is issued at least one (1) fire 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 super - wised 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 police, the town clerk, or the town board or any of its representatives shall be`granted access to the area. of. activity or business of the licensee at all reasonable hours to inspect the same for compliance herewith. SECTION 7. VIOLATION OF ORDINANCE AN OFFENSE: PENALTIES 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 ordinance, and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation, after a 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. 0 division C - Any person violating this ordinance shall be subject Sub the Town in the to a civil penalty enforceable and collectible penalty shall be amount of $25.00 for each-such a of the wnuforch peach day that such collectible by and in violation shall continue. provided penalties and Subdivision D - In addition toalso mahe intave n an action or proceeding punishment, the Town Board may urisdiction to in the name of the Town in a court of by injunction the violation compel compliance with or to restrain by j of such ordinance. . SECTION 8 REPEAL. or regulations heretofore adopted in conflict with All ordinances repealed. this ordinance are hereby SECTION 9. SAVING CLAUSE. aragraph, section or part of this ordinance If any clause, sentence, p etent jurisdiction to be invali.d•, shall be adjudged by any court of comp such judgement shall not affect, impair, r ti invalidate n to the he remainder thereof, but shall be confined inrtstheereof directly involved in sentence, paragraph, section or pa the controversary in which such judgement shall have been rendered. SECTION 10. EFFECTIVE DATE. publication and This ordinance shall tae ueonfPursonal servicet ten days after provided by Section posting or -immediately p 133 of the Town Law. Introduced by: Supervisor Diehl Seconded by: Councilman Clausen Dated: June 13,, 1977