NY Gen Mun L § 136 (2021)
2021 New York Laws GMU - General Municipal Article 6 - Public Health and Safety 136 - Regulation of Automobile Junk Yards.

§  136.  Regulation of automobile junk yards. 1. 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 state and the general welfare  of  its   citizens.  It  is further declared that the unrestrained accumulation of   junk motor vehicles 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  junk  yards  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.2.  Definitions.  For  the purposes of this section, "junk yard" shall   mean any place of storage or deposit, whether in connection with another   business or not, where two or  more  unregistered,  old,  or  secondhand   motor  vehicles, no longer intended or in condition for legal use on the   public highways, are held, whether for the purpose  of  resale  of  used   parts  therefrom,  for  the purpose of reclaiming for use some or all of   the materials 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 such purposes of   used parts or waste materials from motor vehicles which, taken together,   equal in bulk two or more such vehicles provided, however, the term junk   yard shall not be construed to mean an establishment  having  facilities   for  processing  iron,  steel  or  nonferrous  scrap and whose principal   produce is scrap iron, steel or nonferrous scrap for sale for  remelting   purposes only."Municipality"  as used in this section shall mean a city of less than   one million in population, town or village."Motor vehicle" shall mean all vehicles propelled or  drawn  by  power   other  than  muscular  power  originally  intended  for  use  on  public   highways.3. Requirement for operation or maintenance. No person shall  operate,   establish or maintain a junk yard until he (1) has obtained a license to   operate  a  junk  yard  business  and  (2) has obtained a certificate of   approval for the location of such junk yard.4. Application for license and certificate  of  approval.  Application   for  the  license and the certificate of approved location shall be made   in writing to the governing  board  of  the  municipality  where  it  is   proposed to locate the junk yard, and, in municipalities having a zoning   ordinance  or  local  law  and  a zoning board, the application shall be   accompanied by a certificate from the zoning  board  that  the  proposed   location  is  not within an established district restricted against such   uses or otherwise contrary to the prohibitions of such zoning  ordinance   or local law. The application shall contain a description of the land to   be included within the junk yard.5.  Hearing.  A  hearing  on  the application shall be held within the   municipality not less than two nor more than four weeks from the date of   the receipt of the application by the legislative body.  Notice  of  the   hearing shall be given to the applicant by mail, postage prepaid, to the   address  given  in  the  application  and  shall  be published once in a   newspaper  having  a  circulation   within   the   municipality,   which   publication  shall  be  not  less than seven days before the date of the   hearing.6. License requirements. At the time and place set  for  hearing,  the   governing  board  shall hear the applicant and all other persons wishing   to be heard on the application for a license to  operate,  establish  or    maintain  the  junk yard. In considering such application, it shall take   into account the suitability of the  applicant  with  reference  to  his   ability  to  comply  with  the  fencing requirements or other reasonable   regulations  concerning  the  proposed  junk  yard,  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 section.7. Location requirements. At the time and place set for  hearing,  the   governing  board  shall hear the applicant and all other persons wishing   to be heard on the application  for  certificate  of  approval  for  the   location  of  the  junk  yard.  In passing upon same, it shall take into   account, after proof of legal ownership or right  to  such  use  of  the   property  for  the  license  period  by  the  applicant,  the nature and   development of surrounding property, such as the proximity of  churches,   schools,   hospitals,   public  buildings  or  other  places  of  public   gathering; and whether or not the proposed location  can  be  reasonably   protected  from  affecting  the  public  health  and safety by reason of   offensive or unhealthy odors or smoke, or of other causes.8. Aesthetic considerations. At the hearing regarding location of  the   junk  yard,  the  governing  board may also take into account the clean,   wholesome and attractive environment which has been declared  to  be  of   vital  importance  to  the  continued general welfare of its citizens by   considering whether or not  the  proposed  location  can  be  reasonably   protected  from having an unfavorable effect thereon. In this connection   the governing 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, as well as the reasonable availability of   other suitable sites for the junk yard.9. Grant or denial of application; appeal. After hearing the governing   board  shall,  within two weeks, make a finding as to whether or not the   application should be granted, giving notice of  their  finding  to  the   applicant  by  mail,  postage  prepaid,  to  the  address  given  on the   application. If approved, the  license,  including  the  certificate  of   approved  location,  shall be forthwith issued to remain in effect until   the following April first. Approval shall be personal to  the  applicant   and not assignable. Licenses shall be renewed thereafter upon payment of   the  annual license fee without hearing, provided all provisions of this   chapter are complied with during the license period, the junk yard  does   not  become  a public nuisance under the common law and the applicant is   not convicted of any type of larceny or the receiving of  stolen  goods.   The  determination  of the governing board may be reviewed under article   seventy-eight of the civil practice law and rules.10. License fees. The annual license fee shall be twenty-five  dollars   to  be  paid at the time the application is made and annually thereafter   in the event of renewal. In event the application is  not  granted,  the   fee  shall  be returned to the applicant. A municipality, in addition to   the license fee, may assess the applicant with the costs of  advertising   such application and such other reasonable costs incident to the hearing   as are clearly attributable thereto and may make the license conditional   upon payment of same.11.  Fencing.  Before  use,  a  new  junk  yard  shall  be  completely   surrounded  with  a  fence  at  least  eight  feet   in   height   which   substantially screens and with a suitable gate which shall be closed and   locked  except  during  the  working hours of such junk yard or when the   applicant or his agent shall be within. Such fence shall be erected  not   nearer  than  fifty  feet  from a public highway. All motor vehicles and   parts thereof stored or deposited by the applicant shall be kept  within    the  enclosure of the junk yard except as removal shall be necessary for   the transportation of same in the reasonable course of the business. All   wrecking or other work on such motor vehicles and parts and all  burning   of  same  within  the  vicinity  of  the junk yard shall be accomplished   within the enclosure.Where the topography, natural growth of timber or other considerations   accomplish the purposes of this chapter in whole or in part, the fencing   requirements hereunder may be reduced  by  the  legislative  body,  upon   granting  the  license,  provided,  however,  that  such natural barrier   conforms with the purposes of this chapter.12. Effect of local ordinances or local laws. This section  shall  not   be  construed  to affect or supersede zoning ordinances or local laws or   any other ordinances or local laws for the control of junk yards now  in   effect  or  hereafter  enacted  in  any  municipality  within the proper   exercise of the police power of such a municipality  and  shall  not  be   deemed to apply to any municipality which has any ordinance or local law   or regulation to license or regulate junk yards.13.  Established  junk  yards.  For  the  purposes of this section the   location of junk yards already established shall be considered  approved   by  the  governing board of the municipality where located and the owner   thereof deemed suitable for the issuance of a license. Within sixty days   from the passage of this section, however, the owner shall  furnish  the   governing  board  the information as to location which is required in an   application, together with the license  fee,  and  the  governing  board   shall  issue  him  a  license valid until the next April first, at which   time such owner may apply for renewal as  herein  provided.  Such  owner   shall  comply  with  all  other provisions of this section including the   fencing requirements set forth in subdivision eleven of this section.14. Notwithstanding any of the foregoing provisions of  this  section,   no  junk  yard,  hereafter  established, shall be licensed to operate of   such yard or any part thereof shall be within five  hundred  feet  of  a   church, school, hospital, public building or place of public assembly.15.  Violators  of any of the portions of this section shall be guilty   of an offense punishable by a fine not exceeding one hundred dollars and   each  week  that  such  violation  is  carried  on  or  continues  shall   constitute a separate violation.