Local Law No. 7 of the year 1990
A Local Law Automobile Junk Yard
Be it enacted by the Board of Councilmen of the Town of Candor as follows:
AUTOMOBILE JUNK YARD LOCAL LAW
Be it enacted by the Board of Councilmen of the Town of
Candor, county of Tioga and state of New York as follows:
SECTION 1. FINDING.
A clean, wholesome, attractive
environment is hereby declared to be of importance to the health
safety and general welfare of the inhabitants of the Town of
Candor and to the orderly development and improvement of the
Town. It is hereby found that the unrestrained accumulation of
junk motor vehicles constitutes a hazard to such environment, to
such development, and to such general welfare of the inhabitants.
Accordingly, such accumulation is hereby regulated as follows:
SECTION 2. DEFINITIONS.
As used in this Local Law the
following terms and phrases shall have the following meanings
"Motor vehicle" - any vehicle propelled or drawn by power,
other than muscular power, originally intended for use on a
"Junk car" - any unregistered, old, or secondhand motor
vehicle no longer intended or in condition for legal use on the
"Automobile junk yard" -or- "Junk yard" - any place or
storage or deposit, whether in connection with another business
or not, where two or more junk cars are held, whether for the
purpose of reclaiming for use some or all of the material
therein, whether metal, glass, fabric, or otherwise, for the
purpose of disposing of the same or for any other purpose; such
term shall include any place of storage or deposit for any
purposes of used parts or waste materials from motor vehicles
which, taken together, equal in bulk two or more junk cars.
"Established junk yard" - an automobile junk yard already in
existence on the effective date of this ordinance.
"New junk yard" - an automobile junk yard proposed to be
established after the effective date of this Local Law.
"Person" - an individual, joint venture, partnership,
association, or corporation.
SECTION 3. ESTABLISHED, OPERATION AND MAINTENANCE OF
AUTOMOBILE JUNK YARDS.
No person shall establish, operate or
maintain an automobile junk yard within the Town of Candor until
he has obtained a license to do so and if a new junk yard, a
certificate of approval of the location which complies with the
requirements of this Local Law.
SECTION 4. REQUIREMENTS.
(a) The location of an established junk yard shall be
deemed approved and the operator thereof deemed suitable for the
issuance of a license.
(b) The location of new junk yard must be approved by the
Town Board. In co~sideration such location the Board may take
into consideration the nature and development of surrounding
property such as the proximity of churches, schools, hospitals,
public buildings and places of public gatherings, and whether the
proposed location will have an unfavorable effect on the clean,
wholesome and attractive environment of the Town. In this
connection the board may consider collectively the type of road
servicing the junk yard or from which the junk yard may be seen,
the natural or artificial barriers protecting the junk yard from
view, the proximity of the proposed junk yard-to established
residential and recreational areas or main access routes thereto,
and also the reasonable availability of other suitable sites for
the junk yard. In any event no new junk yard may be located
within 500 feet of a church, school, hospital, convalescent home,
public building, or place of public assembly.
(c) No new junk yard may be considered or established
unless the applicant presents with his application the consent of
the owners, not including himself, of all real property located
within a radius of 1200 feet of the proposed junk yard.
(d) Every junk yard must be fertcedor screened, either by
fencing which must be maintained in good repair and neat
appearance, or by shrubbery or by natural topography, from view
from any bounding highway or from any adjacent dwelling, or
business establishment of any kind. Where by reason of
topography, such as side hill location, a complete screening from
such view is not feasible the Town Board may make such
modifications to this requirement as, in its judgment, are
reasonable and consistent with the purposes of this Local Law.
Any such fencing or other screening must be located 50 feet from
the center of any bounding highway and not less then 25 feet from
the nearest boundary thereof.
(e) Inside and adjacent to the screens and where there is
no screening, inside and adjacent to the boundary of the junk,
there must be maintained a fire lane of at least 10 feet in width
which shall be kept free from combustible material and within
which no structures will be permitted an no materials may be
(f) All junk cars, parts, materials must be stored and all
handling and wrecking operations must be conducted, within the
junk yard, behind any screens and within the fire lanes, except
as entry and exit and required in the ordinary course of
(g) No operations involving the emission of noise shall be
conducted in any automobile junk yard before 8:00 o'clock in the
morning or after 9:00 o'clock in the evening.
(h) An operator of an existing junk yard who proposes to
discontinue such operation rather than secure a license hereunder
may propose to the Town Board a plan to bury all junk cars in his
possession or deposit them in a location where they will not be
visible from any public highway or from any residence or business
establishment. If such plan is approved by the Town Board, and
in fact executed, such operator shall be excused from securing a
license hereunder provided that he does not engage in any further
automobile junk yard operations.
SECTION 5. INSPECTION.
The Town Board may cause any
automobile junk yard, whether or not licensed, and the site of
any proposed new automobile junk yard to be inspected at any
SECTION 6. LICENSE AND CERTIFICATE OF APPROVAL OF
(a) operatiors of existing junk yards must apply to the
Town Clerk within two months from the effective date of this
license to operate such junk yard. The application must be in
writing on a form provided by the Town, must include a sketch of
the junk yard showing its location and boundaries, must describe
the screening, existing or proposed, identify the owner of the
premises, and, if applicant is not the owner, show that he has a
right to use the premises as an automobile junk yard.
(b) Persons proposing to establish a new junk yard must
apply to the Town Clerk for a license to establish and operate
such junk yard and also for a certificate of approval of the
proposed location. The application must be in writing on a form
furnished by the Town, must contain the same information set
forth in subparagraph (a) immediately above, must also list any
convictions of the proposed operator for larceny, receiving
stolen goods or offenses or crimes of similar nature and must be
accompanied by the consent of adjoining owners required under
subparagraph (c) of Section 4.
(c) All applications for a license must be accompanied by
the required fee. If a license is not granted the fee will be
returned to the applicant.
(d) The Town Clerk shall refer each application for a
license to the Town Board at its next regular meeting. In case
of an established junk yard, if the Board is satisfied from the
application that the applicant has met the requirements
of this Local Law, it shall direct the Town Clerk to issue the
license. If it appears that the applicant has not yet met the
requirements of this Local Law but is able and willing to do so,
the Board may direct that the license be issued but be
conditioned upon full compliance with the requirements of this
Local Law within a specified period of time. In such event, if
such compliance is not made, the Board may revoke the license.
(e) In the case of a new junk yard the Town Board shall
conduct a public hearing on the application. such hearing shall
be held not more than one month after the Board meeting at which
the application is presented. Notice thereof stating the time
and place of hearing shall be published in the official newspaper
of the Town at least seven days before the date of the hearing
and shall be mailed to the applicant at the address shown on his
application at least seven days before the hearing. At the
hearing, the Town Board shall hear the applicant and shall other
persons wishing to be heard on the application. In considering
the application it shall take into account the suitability of the
applicant with reference to his ability to comply with the
screening and other requirements of this ordinance, to any record
of convictions for any type of larceny or receiving of stolen
goods, and to any other matter within the purposes of this
ordinance. within one month after the hearing the Board shall
determine whether the application will be granted and shall
notify the applicant if this determination by mail. If the
determination is favorable, the Town Clerk shall issue the
license and certificate of approval of location. Such license
shall be deemed conditional for a period of six months, however.
If at the end of such period the operator has not fully complied
with the ordinance, the Board may revoke the license.
(f) No license issued hereunder, including a renewal
license, shall be assigned to any other persons except with the
consent of the Town Board.
SECTION 7. TERM OF LICENSE.
The original license shall
be issued for a period ending December 31 of the year in which it
is issued. Each renewal shall be issued for a period beginning
January 1, and ending December 31.
SECTION 8. REPEWAL LICENSE.
Not less than 30 days prior
to the expiration of a license each licensed operator shall
apply in writing to the Town Clerk for a renewal license. such
application shall'be referred by the Clerk to the Town Board at
its next regular meeting. If the Board is satisfied that the
licensee has complied with the requirements of this Local Law it
shall direct that the renewal license be issued. If it has
reason to believe that the licensee has not complied with all the
requirements of this Local Law it shall establish a date, time
and place of hearing, upon the application and notify the
licensee thereof by mail at least fiven days before the hearing.
such hearing shall be held, if feasible, prior to the expiration
of the license year. If it is held after the expiration of such
year the term of the previous license shall be deemed extended
until the hearing has been held and the determination on the
application made. Such determination must be made within one
month from the date of the hearing.
SECTION 9. LICENSED FEE AND EXPENSES.
The fee for both
an original license, including certificate of approval of
location, and for a renewal license shall be $100.00. In
addition, the applicant shall pay the cost of advertising any
required public hearing and any other expenses attributable to
SECTION 10. ZONING ORDINANCE.
If the Town of Candor shall
subsequently enact a Zoning Ordinance, then, in addition to the
foregoing requirements, an applicant for a license for a new
junk yard shall submit with his application a certificate of the
Board of Appeals or other appropriate officer or agent of the
Town confirming that the proposed location of such junk yard is
not in violation of the provisions of such Zoning Ordinance.
SECTION 11. PENALTIES.
(a) Any person who shall violate any part of this Local Law
shall be guilty of an offense and upon conviction shall be
punishable by a fine not exceeding $100.00 or by imprisonment not
exceeding 15 days, or both. Such conviction shall constitute
grounds for revocation of the operator's license, if any, by the
Town Board. Each day's failure to comply with the provisions of
this Local Law shall constitute a separate offense. In addition
the Town Board may enforce this Local Law by injunction.
(b) Upon failure to secure a license hereunder, or upon
denial of a license or a renewal license by the Town Board, it
shall be the duty of the operator immediately to cease operation
of the junk yard and to remove from the premises all junk cars
and other material there stored or held in violation of this
Local Law and to dispose of them in accordance and in compliance
with other applicable Local Laws of the Town of Candor and/or
statutes of the state of New York. Upon his failure to do so
within such time as the Town Board may direct, the Town Board may
cause such junk cars and other materials to be removed form the
premises and charge the cost of such removal to the operator.
SECTION 12. ENFORCEMENT OFFICER.
A. The Town Board may at any time appoint an enforcement
officer, and fix his compensation. His duties shall include the
inspection from time to time of licensed junk yards,
investigations of proposed junk yards, investigation of alleged
unlicensed junk yards, the filing of complaints with respect to
violations of this Local Law, and such other duties relevant to
this Local Law as the Town Board may from time to time prescribe.
B. The Enforcement Officer shall have the power to
issue an appearance ticket pursuant to section 150.20 of the
criminal Procedure Law, to serve a Summons, to serve and issue
any orders or process in the administration of the provisions of
this Local Law. In addition, any police officer or inspector
authorized by the municipality to assist in enforcement of this
Local Law may serve any process, including an appearance ticket,
a uniform appearance ticket and simplified information related to
any proceeding either criminal or civil in nature undertaken in
the enforcement of the provisions of this Local Law.
SECTION 13. EFFECTIVE DATE.
This Local Law shall take
effect immediately upon filing with the Secretary of State.