LL 07 Amend Ch. 96 "Garbage Rubbish and Refuse" and Ch. 102 "Junkyards" ; NEW YORESTATE DEPARTMENT OF STATE
Locabr Law Filing 41 STATE S'IR=ALBANY,NY 12231
(Use this form to file a local law with the Secretary of state.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
of---Queensbury-------•--------------------------------------
Town
Local Law No.----- ----------------------------- of the year 20-9 g-
Alocailaw• to_ Amend Cha�ter-_96 of•Queensbury• Town
--Code
--Ehtitled ,
p�esrTiaW
and Rufuse" and Chapter 102 Entitled ,
"Junkyards"
---------------•--------•--------------____------------------------------------------------------------------
-----=-------------------------------------------------------------------------------------------------
------
Be it enacted'by the ---Town_ Bo a r d----------------------------------------------------------------- of the
u�•+�a/Za�+
Gft of---amLsns b u r y-----------------•------------------------------------------------- as follows:
Town
NEW
SECTION 1. Queensbury Town Code Chapter 96 entitled, "Garbage, Rubbish and
Refuse," Article VI thereof entitled, "Deposit of Junk" §96-26, "Unlawful deposit" is hereby
amended as follows:
§96-26. Unlawful deposit.
A. Consistent with Chapter 102, Junkyards, no person, firm or corporation shall
operate. establish or maintain a junkyard within the Town of Queensbury without
a proper license to do so.
B. No person, firm or corporation shall store or deposit two or more unregistered, old
or secondhand motor vehicles, no longer in condition for legal use on the public
highways on any property within the Town unless the person owning or
controlling the land is licensed to operate a junkyard.
C. No person, firm or corporation shall store or deposit motor vehicle parts, scrap or
salvage, machinery, scrap metals, wastepaper, rags, used or salvaged building
materials or other discarded materials or household waste on any property within
the Town unless the person o�Oning or controlling the land is licensed to operate a
junkyard.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS 239(RM 11199) !1\
D. No person, firm or corporation shall leave, dump or deposit any motor vehicle
parts, scrap or salvage, machinery, scrap metals, wastepaper, rags, used or
salvaged building materials or other discarded materials or household waste upon
any property owned or controlled by another person, firm or corporation without
the property owner's consent or permission.
E. Garbage and waste (located outside of the residence) may be temporarily stored
only in water-tight metal or plastic containers with tight fitting covers sufficient to
keep out water and prevent disturbance by animals. Wooden containers are not
acceptable for this purpose because they are susceptible to vermin and water
damage.
SECTION 2. Queensbury Town Code Chapter 102 entitled, "Junkyards," §102-11
entitled "Fencing; setbacks; open burning" is hereby amended as follows:
A. Before use, a new junkyard shall be completely surrounded with a fence, at least
eight feet in height, which substantially screens the junkyard. The fence shall
include a suitable gate which shall be closed and locked except during the
working hours of such junkyard or when the applicant or his agent shall be within.
Such fence shall consist of opaque material which is uniform in height and
construction material. Such fence shall be painted in such a color that it will blend
in with the surroundings. No advertising matter of any kind shall be attached to or
painted on any fence enclosing a junkyard, except as authorized by Chapter 140,
Signs. Such fence shall be erected not nearer than 100 feet from a public highway
right-of-way.
B. All junkyard materials, including junk motor vehicles and parts thereof, shall be
kept within the enclosure of the junkyard except as removal shall be necessary for
the transportation of the same in the reasonable course of the business. Such
materials temporarily located outside the enclosure, any motor vehicles held for
resale for use in the public highway and any equipment field for resale for the
purposes for which it was originally intended shall be set back at least 20 feet
from any public highway right-of-way. In no event shall more than ten such
vehicles intended for resale be allowed outside the enclosure. No vehicle which
meets the definition of"junk vehicle" as set forth at § 179-2-010 shall be allowed
outside the enclosure. It shall be a rebuttable presumption that such motor
vehicles and equipment are not held for resale if no sale thereof occurs within
three months from the date they are first located outside of the enclosure of the
Junkyard. Vehicles and parts thereof and other material shall not be piled or
stacked to a height above the fence or screening device. All wrecking or other
work on such motor vehicles and parts shall be accomplished within the
enclosure.
(2)
C. No burning of waste material shall be done in a licensed junkyard unless a permit
for such burning shall have been issued by the New York State Department of
Environmental Conservation.
D. Where the topography, natural growth of timber or other consideration on the
applicant's property accomplish the purposes of this chapter, in whole or in part,
the fencing requirements hereunder may be reduced by the Town Board, upon
granting the license; provided, however, that such natural barrier conforms with
the purposes of this chapter.
E. Garbage and waste (located outside of the residence) may be temporarily stored
only in water-tight metal or plastic containers with tight fitting covers sufficient to
keep out water and prevent disturbance by animals. Wooden containers are not
acceptable for this purpose because they are susceptible to vermin and water
damage.
SECTION 3. Severability.
If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision and all
other provisions shall remain in full force and effect.
SECTION 4. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New York
Secretary of State as provided by Municipal Home Rule Law §27.
(3)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. -2-------------------------------- of 20 Q 8-
of the(CountyXCity)(Town)(Village)of--QuEensb-us_yr------------------------------------------ was duly passed by the
-___--_T.o can__Boar-d--------------------- on.-1-Q1_.2 Q--_-_- 200 8,in accordance with the applicable provisions of law.
(Name ofLeahtae-Body)
2. (passage by local legislative body with approval,no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto,designated as local law No.----------------------------------- of M-----
of the(CountyXCityXTown)(Vdlage)of----------------------------------------------------------------- was duly passed by the
----------------------------------------------- on------------------ 20_-_,and was(approvedXnot approvedXrepassed after
(Nava ofLe;hkdveBody)
disapproval)by the-------------------------------------------------- and was deemed duly adopted on --------=-----=--- 20----,
(Ekctive CWE -Officerl
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. -----------------------------------.of 20------
ofthe(CountyXCity)(Town)(vllage)of----------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20----,and was(approvedxnot approvedXrepassed after
(Name of Legdauve Body)
disapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted
(Ekck-CAW Exacwive Offl—V
to the people by reason of a(mandatory)(permissive)referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the(generalXspecialXar nual).election held on------------------ 24--- ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting.
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ of 20------
ofthe(CountyXCity)(Ibwn)(Village)of------------------------- -------------------------------------- was duly passed by the
--------------------------------------------------- on------------------ 20----,and was(approved)(not approvedXrepassed after
(Name ofLegWxarrBody)
disapproval)by the-------------------------:-------------- ------- qn------------------ 20--- . Such local law was subject to
(Ekcave CLkf Execwkve Officer-)
permissive referendum and no valid petition requesting such referendum-was filed as of------------_--- 20.-__ ,in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. -7--=----------------------------- of 20.4 8-
of the City of---------------------------------------------having been submitted to referendum pursuant to the provisions,of
section(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the(special)(general)election held on------------------20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No.---------------------------------- of 20------
of the County of---------------------------------------------------- State of New York,having been submitted to the electors
at the General Election of November---------------------- 20----,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certiftation.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in-
dicated in paragraph-----L------above.
r
Ck&or ft Coaaanly kgisb&*may.cry,Tma 4VMw Cie&
or offim desip aced by loco!kgisbf"body
(Seal) Date:
(CertUkadon to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF W A r r a n
I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Se Cathi L. Radner
Town Counsel
Tick
r
efty of 4ueensbury
Town
collage
Date: October 21 , 2008
(5)
rx
TOWN OF QUEENSBURY
LOCAL LAW NO.: 7 OF 2008
A LOCAL LAW TO AMEND CHAPTER 96 OF QUEENSBURY TOWN
CODE ENTITLED, "GARBAGE, RUBBISH AND REFUSE" AND
CHAPTER 102 ENTITLED, "JUNKYARDS"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 96 entitled, "Garbage, Rubbish and
Refuse," Article VI thereof entitled, "Deposit of Junk" §96-26, "Unlawful deposit" is hereby
amended as follows:
§ 96-26. Unlawful deposit.
A. Consistent with Chapter 102, Junkyards, no person, firm or corporation shall
operate. establish or maintain a junkyard within the Town of Queensbury without
a proper license to do so.
B. No person, firm or corporation shall store or deposit two or more unregistered, old
or secondhand motor vehicles, no longer in condition for legal use on the public
highways on any property within the Town unless the person owning or
controlling the land is licensed to operate a junkyard.
C. No person, firm or corporation shall store or deposit motor vehicle parts, scrap or
salvage, machinery, scrap metals, wastepaper, rags, used or salvaged building
materials or other discarded materials or household waste on any property within
the Town unless the person owning or controlling the land is licensed to operate a
junkyard.
D. No person, firm or corporation shall leave, dump or deposit any motor vehicle
parts, scrap or salvage, machinery, scrap metals, wastepaper, rags, used or
salvaged building materials or other discarded materials or household waste upon
any property owned or controlled by another person, firm or corporation without
the property owner's consent or permission.
E. Garbage and waste (located outside of the residence) may be temporarily stored
only in water-tight metal or plastic containers with tight fitting covers sufficient to
keep out water and prevent disturbance by animals. Wooden containers are not
acceptable for this purpose because they are susceptible to vermin and water
damage.
SECTION 2. Queensbury Town Code Chapter 102 entitled, "Junkyards," §102-11
entitled"Fencing; setbacks; open burning" is hereby amended as follows:
A. Before use, a new junkyard shall be completely surrounded with a fence, at least
eight feet in height, which substantially screens the junkyard. The fence shall
include a suitable gate which shall be closed and locked except during the
working hours of such junkyard or when the applicant or his agent shall be within.
Such fence shall consist of opaque material which is uniform in height and
construction material. Such fence shall be painted in such a color that it will blend
in with the surroundings. No advertising matter of any kind shall be attached to or
painted on any fence enclosing a junkyard, except as authorized by Chapter 140,
Signs. Such fence shall be erected not nearer than 100 feet from a public highway
right-of-way.
B. All junkyard materials, including junk motor vehicles and parts thereof, shall be
kept within the enclosure of the junkyard except as removal shall be necessary for
the transportation of the same in the reasonable course of the business. Such
materials temporarily located outside the enclosure, any motor vehicles held for
resale for use in the public highway and any equipment held for resale for the
purposes for which it was originally intended shall be set back at least 20 feet
from any public highway right-of-way. In no event shall more than ten such
vehicles intended for resale be allowed outside the enclosure. No vehicle which
meets the definition of"junk vehicle" as set forth at § 179-2-010 shall be allowed
outside the enclosure. It shall be a rebuttable presumption that such motor
vehicles and equipment are not held for resale if no sale thereof occurs within
three months from the date they are first located outside of the enclosure of the
junkyard. Vehicles and parts thereof and other material shall not be piled or
stacked to a height above the fence or screening device. All wrecking or other
work on such motor vehicles and parts shall be accomplished within the
enclosure.
C. No burning of waste material shall be done in a licensed junkyard unless a permit
for such burning shall have been issued by the New York State Department of
Environmental Conservation.
D. Where the topography, natural growth of timber or other consideration on the
applicant's property accomplish the purposes of this chapter, in whole or in part,
the fencing requirements hereunder may be reduced by the Town Board, upon
granting the license; provided, however, that such natural barrier conforms with
the purposes of this chapter.
E. Garbage and waste (located outside of the residence) may be temporarily stored
only in water-tight metal or plastic containers with tight fitting covers sufficient to
keep out water and prevent disturbance by animals. Wooden containers are not
acceptable for this purpose because they are susceptible to vermin and water
damage.
SECTION 3. Severability.
If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision and all
other provisions shall remain in full force and effect.
SECTION 4. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New York
Secretary of State as provided by Municipal Home Rule Law §27.
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTtS-VAZQUEZ
GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE
October 27, 2008
Town Clerk I �pdy
742 Bay Road
Queensbury NY 12804
RE: Town of Queensbury, Local Law No. 7, 2008, filed on October 22,
2008
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from our website,
www.dos.state.ny.us/corp/misc.htm1.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
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GENERAL 72 Ninchey Road
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p:800/836-8834 fax.585/328-8189
email:sales@generalcode.com
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Ms. Darleen M. Dougher:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicableY
Local Law No. 7-2008.
s
Town of Queensbury
C/O Clerk's Office
742 Bay Road
Queensbury, NY 12804
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