An Ordinance Licensing and Regulating the Storage and Parking of Unlicensed Vehicles, and Licensing and Regulating the Buying, Storing, Selling, Dismantling and Handling of Automobiles, Used Metals, Waste Materials and Other Items (Title amended by Local Law 2-2003, adopted August 11, 2003)
Section 1. Legislative Intent.
By the adoption of this ordinance the Town Board of the Town of Colesville declares its intent in so doing to be to regulate, control and license the activities or businesses known as auto "graveyards," junk yards, second-hand parts and collection areas, the buying and processing of used metals or waste materials of whatever composition for resale and/or storage. Said Town Bard 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 autos often contain in some quantity combustible gasoline; the engine and other parts of such autos 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 used 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 ordinance
•a. Person An individual, an association, a partnership, a corporation.
•b. Auto Any "motor vehicle" as defined in the Vehicle and Traffic Law of the State of New York, other than construction machinery and equipment such as tractors, bulldozers, backhoes and front end loaders and machinery used for agricultural purposes, not registered for operation upon the public highways of the State of New York
•c. Unlicensed Vehicle: (added by Local Law 2-2003, adopted August 11, 2003) Any vehicle or motor vehicle which is abandoned, stored, left located and/or parked by its owner or any other person on public or private premises in the Town of Colesville (other than a junk yard for which a license and a certificate of approval for the location thereof have been obtained in accordance with the provisions of this ordinance) and which is not currently registered and currently licensed by the State of New York or any other state for operation on public highways. The Term "unlicensed vehicle" shall not include any of the following:
•1. A farm type tractor used exclusively for agricultural purposes or for snow plowing.
•2. Farm equipment, including self-propelled machines used exclusively in growing, harvesting or handling farm produce.
•3. A self-propelled caterpillar or crawl-type equipment.
•d. Motor Vehicle: (Added by Local Law 2-2003, adopted August 11, 2003) Any vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except:
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•1. Electrically-driven invalid chairs being operated or driven by an invalid.
•2. Vehicles which run only upon rails or tracks.
•e. Vehicle: (Added by Local Law 2-2003, adopted August 11, 2003) Every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationery rails or tracks.
Section 3 License Required. (amended by Local Law 2-2003, adopted August 11, 2003)
No person shall engage in or conduct on any real property within the Town of Colesville either for himself or for or on behalf of any other person, directly or indirectly, as agent, employee or otherwise, any use, activity, hobby or business (either for profit, not for profit, at wholesale or retail, or otherwise), which involves the buying, collection, abandonment, storage, leaving, locating, parking, burning, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for the sale or resale of autos, unlicensed vehicles, auto bodies, auto bodies, auto engines, parts or autos, parts of unlicensed vehicles, or waste materials (whether composed of wood, paper, cloth, cardboard, plastics, metals, stones, cement or otherwise), without having first obtained a license therefore as hereinafter provided. Even if a person is registered with the State of New York as a dealer in motor vehicles, motor cycles or trailers under the provisions of the New York State Vehicle and Traffic Law, or is registered with the State of New York to engage in the business of acquiring unlicensed vehicles, autos or trailers for the purpose of dismantling the same for parts or reselling such unlicensed vehicles, autos or trailers for the purpose of dismantling the same for parts or reselling such unlicensed vehicles, motor vehicles or trailers as scrap, such person shall nevertheless be required to obtain a license hereunder for any portion of his or her premises which are used for any purposes relating to autos, unlicensed vehicles, motorcycles or trailers.
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Provided, however, that no license shall be required under this ordinance:
a. For the owner or lessee of real property within the Town of Colesville (hereinafter "Town") or members of such owner's or lessee's immediate family to abandon, store, leave, locate and/or park in an upright position in a Residential District (R) and in compliance with the Land Use Local Law of the Town of Colesville, Broome County, New York (hereinafter "Land Use Local Law", duly adopted by the Town Board of the Town of Colesville on June 14, 1984 and thereafter amended from time to time) not more than two (2) unlicensed vehicles, if all of the following conditions and restrictions are met:
1. Not more than two (2) such unlicensed vehicles shall be so abandoned, stored, left, located and/or parked on the subject premises at any one time.
2. On and after September 1, 2004, all unlicensed vehicles on the subject premises must be stored or parked in an upright position.
3. No unlicensed vehicle shall be abandoned, stored, left, located and/or parked on the subject premises for a period not exceeding one year unless an extension permit (as described hereinafter) is obtained. If the owner of the lot on which said unlicensed vehicles are abandoned, stored, left, located and/or parked desires to continue abandoning storing, leaving, locating and/or parking such unlicensed vehicles (not exceeding tow) on said lot for a period or periods exceeding one year, the owner of the lot must annually apply to the Town Building and Code Inspector for an extension permit to authorize such
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abandoning, storing, leaving, locating or parking of such unlicensed vehicles for an additional one year period. A $20.00 fee must be paid in order to obtain each such one year extension permit.
b. For the owner or lessee of real property within the Town or members of such owner's or lessee's immediate family to store and/or park in an upright position in a Rural/Agricultural District (R/AG), Commercial District (C) or Industrial District (I) and in compliance with the Land Use Local Law not more than four (4) unlicensed vehicles, if all of the following conditions and restrictions are met:
1. Not more than four (4) such unlicensed vehicles shall be so abandoned, stored, left, located and/or parked on the subject premises at any one time, and
2. On and after September 1, 2004, all unlicensed vehicles on the subject premises must be stored or parked in an upright position.
c. For the owner of any real property situate within the Town of Colesville to dispose of (on said real property) buildings or parts thereof which were originally situated on that real property.
d. For any person who operates a garage in the Town in compliance with the Land Use Local Law to dispose of (on the property on which said garage is located) waste materials accumulated incidentally to the operation of that person's garage, provided that such waste materials are accumulated in compliance with applicable provisions of State and Federal law.
e. For any bona fide machinery dealer to sell or store used machinery taken in trade by such bona fide machinery dealer, provided that such machinery is stored in compliance with
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applicable provisions of State and Federal law.
Section 4. Application for License.
Each applicant for a license hereunder shall execute under oath an application therefore 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, whether he has ever been convicted of a felony or misdemeanor 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 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 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 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 forthwith.
A person presently engaged in or conducting an activity or business such as described herein, on real property within the Town of Colesville must apply for a license therefore within 60 days of the adoption of this ordinance. If the place where he conducts such activity or business
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presently complies with the requirements a person must meet to secure a license in the first instance, he shall be issued a license therefore 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 may be granted a temporary license for one (1) year, during which year he must arrange the place where he conducts such activity or business so that it does them 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 sate 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.
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. The fee for licenses issued on or after July 1 in any year shall by $12.50.
No license issued under this ordinance shall permit the licensee to violate the provisions of the Zoning Ordinance, if any, of the Town of Colesville.
Such license shall be placed and at all times displayed in a conspicuous place at the licensee'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 must be made yearly if licensee desires to continue such activity or business.
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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.
Such license may be revoked by the Town Board after a public hearing thereon at which the licensee shall have an opportunity to be heard. Upon revocation of a license the town board must 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 application for a license as provided herein shall have previously been 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 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.
•a. The Licensee must personally manage or be responsible for the management of the activity of business for which the license is granted.
•b.The Licensee must maintain an office and a sufficient number of employees on the premises to assure the proper and safe conduct of such activity or business, to minimize the fire hazard therefrom and to prevent improper trespass thereon by children and others.
•c. The Licensee must either (1) erect and maintain a sex foot (6'0) wire fence or close mesh or one made of wood or of other material, adequate to prohibit the entrance of children and others in to the area of the activity or business and to contain within such fence the materials dealt in by the licensee, and if such area abuts a residential area or public street or highway such fence shall be twenty five feet (25') from the boundary line thereof. All the materials dealt in by the licensee shall be kept within such fence at all times or (2) keep all materials dealt in by the licensee within a building and/or buildings constructed of material adequate to prohibit the entrance of children or others in to the area of the activity or business.
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•d. Inside and adjacent to and contiguous with such fence or outside any building or buildings a strip of land at least ten (10) feet in width shall be kept free of all dry grass or other growth or other combustible material so as to provide a fire lane or line around the whole area where the activity or business of the licensee is being conducted. If any autos or other material are burned on the premises, they shall be burned within an area which is at least twenty five (25) feet from each property line and the building on the premises.
•e. The autos, parts, and materials dealt in by the licensee shall be piled or arranged in neat rows so as to permit easy, clear passage through the area.
•f. 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. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
•g. When the area is not supervised by the licensee or his employees the fence or building(s) shall be locked at a secure gate in a secure manner.
•h. The area of the licensee's activity or business shall not be used as a public dumping area nor as a place for the disposal of garbage or trash.
•i. The town clerk or the town board or any of its representatives shall be granted access to the area of the 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.
•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 and the penalty therefore. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
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•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 $100.00 or imprisonment not exceeding 30 days, or by both such fine and imprisonment.
•c. Conviction for any above named violation shall constitute and effect an immediate forfeiture of the license.
•d. Any person violating this ordinance shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $100.00 for each such offense. Such penalty shall be collectable by and in the name of the Town for each day that such violation shall continue.
•e. 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 and regulations heretofore adopted in conflict with this ordinance are hereby repealed.
Section 9. Saving Clause.
If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not effect, 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 controversy in which such judgment 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
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Section 11. Unlicensed Vehicles. (added by Local Law 2 - 2003, adopted August 11, 2003) All unlicensed vehicles exceeding the maximum number of unlicensed vehicles which are allowed to be abandoned, stored, left, located, and/or parked (according the this ordinance and the applicable schedule of regulations for the Town of Colesville Land Use Local Law district in which such unlicensed vehicles are abandoned, stored, left, located and/or parked) on any lot within the town shall be removed from such lot by September 1, 2004 at the cost and expense of the owner of the lot, and shall not be relocated to any lot where such unlicensed vehicles are thereby abandoned, stored, left, located and/or parked in violation of applicable provisions of this ordinance or the Land Use Local Law of the Town of Colesville, Broome County, New York.
