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Ordinance .1.... ::! " I"" Ii TOW N o F W A P PIN G E R * * * * * * * * * * * * * * * * * * * * * SALVAGE YARD ORDINANCE ***************** AN ORDINANCE LICENSING AND REGULATING THE ACTIVITillS AND BUSINESSES OF DEALERS IN SECOND HAND MATERIALS, JUNK AND. USED PARTS. ************** Adopted July 11, 1977 Amended June 18, 1984 SECTION 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 engin~ 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 ~ends 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' ~ell as tractors, bulldozers, machinery and equipment. SECTIon III - LICENSE REQUIRED " No person shall engage in or conduct on real i I :r i i I I: I I ! property withi!"! the TmoJn of Wappinger either for him- self or for and' on behalf of any other pers~n 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, or otherwise of bodies, engines, 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, plastics, metals, stone, cement, or otherwise without first obtaining a license therefor as hereinafter provided. SECTION 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 applica~t 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 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 thereto as well as the general - 2 - 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 tIle 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 ,16* junkyard operation. '>:' Such license shall be placed an~ 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 'froll; the date of - 3 - Jts isst\ullC:o lIntil l:ho J1st dl\Y o[ Docolllbol.' of t:llo year of such issuance after which a new application for license must be made yearly if licensee desires to continue such ~ctivity or bUsiness. Such license is personal with 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 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 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 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 six foot fence, or hedge or other barrier, not in itself inherently dangerous, adequate to prohibit the unauthorized entrance of children or others into th~ area of the activity or business. All junkyard materials, equipment and struct- ures shall be kept and maintained at least one hundred feet from any residential boundary lines of adjacent and contiguous properties, except that crushing Operations and equipment shall be located no closer than four hundred feet from any such residential boundaries. SUBDIVIS~ - 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 least 10 feet from tho 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. There shall be no stacking of vehicles except for the absolute minimum required for crushing operations. ~C)() subject to a fine of $105.0~. SU8DIVISION C - Any person violating this ordinance shall be subject to q civil penalty en- forc~able 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 prov~ded 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. ~u:I 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 extinquisher 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 super- vised 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 T~~n Board or any of its representatives shall be granted access to the area of activity or busi- ness of the licensee at all reasonable hours to inspect the same for compliance herewith. SECTION VIII - REPEAL All ordinances or regulations heretofore adopted in conflict with this ordinance are hereby repealed. SECTION IX - SAVING CLAUSE SECTION VII - VIOLATION OF ORDINANCE AN OFFENSE: PENALTIES THEREFOR 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 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 there- for. 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 pro- vision of this ordinance the person, entity,. corpor- ation, or partnership violating the same shall be - r; - 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. - 6 - 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 Tawn 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 "