TOWN OF WELLSVILLE

LOCAL LAW NO. 2 OF THE YEAR 1988

A LOCAL LAW REGULATING JUNK YARDS

BE IT ENACTED BY THE TOWN BOARD OF THE TOWN WELLSVILLE AS FOLLOWS:

Pursuant to Section 136 of the Town Law of the State of New York, the Town Board of the Town of Wellsville, Allegany County, New York does ordain and enact as follows:

SECTION I. TERRITORY AFFECTED: This local law shall be applicable to all territory within the Town of Wellsville, outside the incorporated Village of Wellsville.

SECTION II. REGULATION OF JUNKYARDS: Legislative intent. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion and, in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town and the general welfare of its citizens. It is further declared that the unrestrained accumulation of junk is a hazard to such health, safety and welfare of citizens of the State, necessitating the regulation, restraint and elimination thereof. At the same time, it is recognized that the maintenance of junkyards as hereinafter defined, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this section.

SECTION III. DEFINITIONS:

a) The term auto shall include passenger auto, truck, tractor-trailer, bus or other vehicle of parts of such vehicles.

b) The term farm machinery shall include farm machinery that was originally unpropelled or parts of such farm machinery.

c) The term appliance shall include all types and kinds of appliances, for example: refrigerator, stoves, dish washers, furnaces, or parts of such appliances.

d) The term junk auto shall mean an auto that does not meet the standards for a New York State Motor vehicle inspection certificate, including parts of such auto.

e) The term junk farm machinery shall mean farm machinery that is in disrepair and no longer capable of doing that work for which it was designed, including parts of such farm machinery.

f) The term junk appliance shall mean an appliance that is no longer in working order, including parts.

g) A junk mobile home shell, shall mean a mobile home shell that is in disrepair and no longer tenable.

h) A junk tire shall mean a tire, which can not pass New York State tire inspection regulation. Tires held on an active farm for use in ground silos shall not be considered junk tires.

i) The term junk yard shall mean any outside area of storage of deposit where a junk auto, junk mobile home, junk farm machinery, junk appliance or more than twenty (20) junk tires are stored for any purpose for a period of seven (7) days.

SECTION IV. No person, association, partnership of corporation shall operate, establish or maintain a junk yard until he has obtained a permit for such operation for the property where the junk yard is to be located.

SECTION V. Any person intending to or operating a junkyard as herein before defined shall be considered as engaged in the business operation of a junk yard and shall be required to obtain a license pursuant to the terms of this local law.

Any person who shall operate a junk yard or permit a junk yard to be operated on their property without a permit after ten (10) days written notice from the Town Clerk, or Town Constable to the owners of the real property affected where it is alleged that the junk yard is being operated may be charged with the offense of operating a junk yard without a permit.

SECTION VI. APPLICATION: A permit shall be granted only upon a written application presented to the Town Board setting forth the following details:

a) Name, age, address of the applicant, description of the type of business to be conducted, together with a map showing the size and location of the property. The ownership and use of the property and the adjoining property, the location of any buildings thereon, the size of the proposed junkyard and the topographical and contour of the land. The applicant and the landowner shall sign the application.

b) A description and plan of the fencing to be erected around the junkyard.

c) Following the receipt of the application, the Town Board shall determine the affected area and the applicant shall thereafter, on forms provided by the Town Board, serve notice of public hearing on said application on all owners within said affected area. Said notices shall be served within ten (10) days of a public hearing as determined by the Town Board and the applicant shall, at least five (5) days prior to the public hearing, file with the Town Board proof of service of such notices. In determining the affected area, the Town Board will take into consideration the use of surrounding property and the general character of the neighborhood.

The Board shall consider the type of road servicing the junkyard or from which the junkyard yard may be seen, the natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard established residential and recreational areas or main access routes thereto.

d) After the hearing as set forth above, the Town Board shall within ten (10) days either grant or refuse the application for the license. Upon application to the Town Board an extension of time may be granted.

SECTION VII. PERMIT FEE: There shall be an annual permit fee of $25.00 due January 2^nd of each year for each junkyard. There shall be no hearing required for licenses previously issued. The junkyard however, must be in compliance with this law after inspection or the renewal permit shall not be issued.

Each license shall be issued to an individual person and shall be personal and may not be sold. The application for a new license by the purchaser or successor in interest to the property where a junkyard is maintained and licensed shall be considered as a renewal of a previously issued license and no hearing shall be required.

SECTION VIII. FENCING: All junkyards shall be required to be enclosed by woven steel or board fence at least six (6) feet high with a gate that can be locked. The fence must eliminate the view of the junkyard and be twenty-five (25) feet from the roadway. A fire lane must be provided between the fence and the beginning of the junk pile.

Where the topography, natural growth of timber or other considerations accomplish the purpose of fencing, the fencing requirements hereunder may be reduced by the Town Board, provided however, that such natural barrier conforms to the purposes of this section.

SECTION IX. DATE OF CONSTRUCTION AND COMPLETION, RENEWALS AND EXTENSIONS: Any permit issued pursuant to this local law is issued with understanding that construction of the fence shall start within thirty (30) days of the date of the permit and shall be completed within sixty (60) days of the date of the permit. Any permit so issued shall be subject to revocation unless this provision is complied with. Extension of time may be granted upon written application to the Town Board.

The issuance of this permit shall not include the building permit for the construction of the fence.

SECTION X. PENALTY OF VIOLATION: Every violation of this local law shall constitute an offense and shall be punishable by a fine not to exceed $100.00 or by jail sentence not to exceed thirty (30) days in jail.

When a violation of this local law is continuous, each seven (7) day period shall constitute a separate and distinct violation.

SECTION XI. This local law shall become effective upon filing in the Office of the Secretary of State.