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Permits and Licenses

TOWN CODE OF THE TOWN OF WALWORTH

This page provides a FEW of the codes most referenced and is not a complete listing.

A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Walworth and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Walworth by impressing thereon the Seal of the town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

Chapter 37, SALARIES AND COMPENSATION
[Salary and compensation figures for various town officers and employees are on file in the Town Clerk's office, where they may be examined during regular office hours.]
GENERAL REFERENCES
Defense and indemnification -- See Ch. 13.
Code of Ethics -- See Ch. 18.

Chapter 42, TERMS OF OFFICE
[HISTORY: Adopted by the Town Board of the Town of Walworth: Art. I, 4-7-1983 as L.L. No. 5-1983; Art. II, 4-7-1983 as L.L. No. 6-1983; Art. III, 4-7-1983 as L.L. No. 7-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation -- See Ch. 37.
ARTICLE I, Town Supervisor [Adopted 4-7-1983 as L.L. No. 5-1983EN]
§ 42-1. Change in term.
The term of office of the Town Supervisor of the Town of Walworth shall be changed to a four-year term commencing with the term of the Town Supervisor elected at the next biennial town election held after the effective date of this Article.
ARTICLE II, Town Clerk [Adopted 4-7-1983 as L.L. No. 6-1983EN]
§ 42-2. Change in term.
The term of office of the Town Clerk of the Town of Walworth shall be changed to a four-year term commencing with the term of the Town Clerk elected at the next biennial town election held after the effective date of this Article.
ARTICLE III, Town Superintendent of Highways [Adopted 4-7-1983 as L.L. No. 7-1983EN]
§ 42-3. Change in term.
The term of office of the Town Superintendent of Highways of the Town of Walworth shall be changed to a four-year term commencing with the term of the Town Superintendent of Highways elected at the next biennial town election held after the effective date of this Article.

Chapter 54, ALARM SYSTEMS
[HISTORY: Adopted by the Town Board of the Town of Walworth 5-20-1999 by L.L. No. 4-1999; amended in its entirety 11-16-2000 by L.L. No. 4-2000. Subsequent amendments noted where applicable.]
§ 54-1. False fire and police emergency alarms; charges.
Any owner or lessee of real property having a fire and/or police alarm system or system of fire and/or police alarm devices on his/her or its property on the effective date of this chapter shall pay to the Town of Walworth a charge for each and every false fire or police emergency alarm to which a Fire Department or police agency, including but not limited to the Wayne County Sheriff's Department or State Police, in the Town of Walworth responds in any twelve-month period as follows:
A. The first three false fire emergency alarms in any calendar year, a written warning shall be issued by the Fire Marshall and for each of these false alarms no charge shall be imposed.
B. For each of the next three false fire emergency alarms in any calendar year, a charge for each false alarm in the amount of $100 shall be paid by the property owner to the Town of Walworth.
C. For each subsequent false fire emergency alarm in any calendar year, the property owner shall pay a charge to the Town of Walworth in the sum of $250.
D. The first three false police emergency alarms in any calendar year, a written warning shall be issued by the Code Enforcement Officer and for each of these false alarms no charge shall be imposed.
E. For each of the next three false police emergency alarms in any calendar year, a charge for each false alarm in the amount of $100 shall be paid by the property owner to the Town of Walworth.
F. For each subsequent false police emergency alarm in any calendar year, the property owner shall pay a charge to the Town of Walworth in the sum of $250.
§ 54-2. Contesting false alarm charges.
Any property owner who is charged for one or more false alarms may contest such charge, by mailing written notice, setting forth that he/she or it objects to the charge, to the Supervisor of the Town of Walworth within 10 days after the notice of the charges are sent to the property owner. The Supervisor shall then within the next succeeding 30 days send notice to the property owner at its last known address of a date for a hearing before the Supervisor of the town. The hearing shall be informal, and the property owner shall not be required to be put under oath. The Supervisor of the town shall send written notice of his or her decision to the property owner within 10 days of the hearing and the decision of the Supervisor of the town shall be final.
§ 54-3. Notices.
All notices sent pursuant to this chapter shall be sent by certified mail or registered mail, return receipt requested, and shall be considered sent on the date of mailing.
§ 54-4. Responsibility for malfunctions.
The malfunction of an alarm user's system which causes a false alarm shall, even though it is a malfunction, constitute a false alarm and a charge shall be imposed for a false alarm as set forth in this chapter.
§ 54-5. Payment of charges.
All charges imposed for false alarms as established by this chapter shall be paid within 30 days of the charge being final.
§ 54-6. Late charges.
If the charge is not paid within 30 days of the charge being a final charge, then a late penalty of 10% shall be added to the amount charged. For each month thereafter, an interest charge of 1% per month shall be added to the charge until paid. Any charge overdue for 30 days or more, together with interest and penalties, shall be added to the next town and county tax bill on which the fire and/or police alarm system is located if the charge plus late penalties and interest have not been paid by the last date on which said delinquent payments can be added to the town and county tax bill.

Chapter 56, ANIMALS
[HISTORY: Adopted by the Town Board of the Town of Walworth: Art. I, 11-16-1978 as L.L. No. 14-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Noise -- See Ch. 108
ARTICLE I, Dogs [Adopted 11-16-1978 as L.L. No. 14-1978]
§ 56-1. Title.
This Article shall be known as the "Dog Control Law of the Town of Walworth, New York."
§ 56-2. Purpose.
The purpose of this Article shall be to preserve the public peace and good order in the town and to contribute to the public welfare, safety and good order of its people by establishing certain regulations and restrictions on the activities of dogs that are consistent with the rights and privileges of owners of dogs and of other residents of the Town of Walworth.
§ 56-3. Definitions.
As used in this Article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
AT LARGE -- A dog shall be deemed to be "at large" if not under the control of the owner or his or her agent and elsewhere than on premises of the owner or on the premises of another who has knowledge of the dog's presence thereon and assents thereto.
DOG -- Any dog of either sex and of any age unless otherwise indicated herein.
DOG CONTROL OFFICER -- Person(s) appointed by the Walworth Town Board in accordance with § 114 of the Agriculture and Markets Law. [Amended 9-1-1994 by L.L. No. 1-1994]
OWNER -- Includes any person who owns, keeps or harbors or has care of a dog. Dogs owned by minors shall be deemed to be in the custody and control of the minor's parents or other head of the household where the minor resides.
SERVICE OF NOTICE -- Shall be by certified mail or personal delivery to the owner or another person at the last address reflected on the application to license the dog or, if it is unlicensed, then upon the owner, if ascertained, or another person or by certified mail. A notice tacked on the door of the residence shall be deemed sufficient notice.
§ 56-4. Running at large.
A. No dog shall be permitted to run at large within the Town of Walworth.
B. No dog shall be permitted upon the public streets or upon any public property or within public buildings within the Town of Walworth unless it shall be accompanied by an adult or by a minor who is able to restrain and control said dog and unless such person accompanying said dog shall actually control and restrain said dog.
§ 56-5. Nuisances prohibited.
No person being the owner or agent of the owner of any dog shall permit such dog to commit any nuisance within the Town of Walworth or cause damage to the person or property of others. The following are declared public nuisances and are set forth herein for explanatory purposes only and are not to be considered as excluding other types of nuisances:
A. Engaging in loud howling or habitual barking or so conducting itself so as to disturb the public peace.
B. Chasing and/or barking at moving vehicles or persons on foot.
C. Jumping upon any person or knocking any person over.
D. Causing damage to property of others.
E. Depositing waste on the private property of another who does not have knowledge of the dog's presence thereon and assents thereto.
§ 56-6. Dangerous dogs.
Any dog which shall attack any person or domestic animal within the meaning of Article 7 of the Agriculture and Markets Law of the State of New York shall be dealt with in accordance with Article 7 of the Agriculture and Markets Law.
§ 56-7. Investigation of complaints; seizure.
The Dog Control Officer or a law enforcement officer shall investigate all written complaints and seize any dog which is found at large within the Town of Walworth in violation of this article, as well as any dog or dogs otherwise required to be seized under and by virtue of the Agriculture and Markets Law of the State of New York.
§ 56-8. Redemption of seized dogs; fees; disposition of unredeemed dogs. [Amended 4-3-1986 by L.L. No. 3-1986; 9-1-1994 by L.L. No. 1-1994; 6-1-2000 by L.L. No. 2-2000]
A. Every dog seized shall be properly fed and cared for at the expense of said town until disposition thereof is made as herein provided. In the event that a dog seized bears a license tag, the Dog Control Officer shall ascertain the owner of the dog and shall give immediate notice, in writing, by certified mail, return receipt requested or personal service on a person living at that address or by notice being tacked on the door of the residence and a copy mailed to the address, stating that the dog has been seized and the dog will be destroyed unless redeemed within the period hereinafter provided.
B. The owner of a dog seized while bearing a license tag may redeem the dog within five days of personal notification of the seizure of the dog; however, if notice to the owner of the seizure is given by mail, the owner of the dog seized may redeem the dog within seven days of the service of such notice. If notice is sent by mail, it shall be sent by certified or registered mail, return receipt requested. The owner shall pay to the Town Clerk the following fees, which which shall be deemed impoundment fees: $20 as a result of the seizure, a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period and a fee in the amount of $10 per day for each day following its day of seizure.
C. In the event that the dog seized does not bear a license, the owner of the dog seized may redeem the dog within three days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agricultural and Markets Law. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $20 as a result of the seizure; a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period; and a fee in the amount of $10 per day for each day following its day of seizure, plus a license fee and penalties prescribed by law for an unlicensed dog.
D. For a second and subsequent violation by one owner within a one-year period, the animal control officer shall, upon determination and identification of the dog, seize and take into custody said dog and serve, deliver or mail the notice of second violation in the same manner as set forth in Subsections B and C above. The owner shall pay to the Town Clerk the following fees, which shall be deemed impoundment fees: $40 as a result of the seizure; a fee equivalent to the amount allowed by the Internal Revenue Service as a mileage deduction per mile for income tax purposes times the mileage for the pickup of the dog and transporting the dog to the kennel where it is to be harbored during the seizure period and a fee in the amount of $20 per day for each day following its day of seizure, plus a license fee and penalties prescribed by law for an unlicensed dog.
E. If any dog so seized is not redeemed in the time hereinbefore set forth, the owner shall forfeit all title to the dog and the dog shall be sold by the town or destroyed. In case of sale, the purchaser may pay the cost of seizure to the Town Clerk and obtain a license for such dog. In case the dog shall be destroyed, the animal control officer or officer who destroys the dog shall immediately dispose of the carcass and make a written report of such destruction and disposition to the Town Clerk, who shall keep a record thereof. The owner of a dog so destroyed shall pay the Town Clerk the impoundment fees in Subsections B and C herein and the cost of destruction of such dog, and such cost may be recovered by the town in a civil action brought in the name of the town before a Town Justice in the Town of Walworth.
F. The destruction of any dog seized by the animal control officer or law enforcement officer as herein provided shall be accomplished by approved humane methods. No dog seized shall, be sold or surrendered to any person, firm, organization or institution for experimental use.
§ 56-9. Lost or stolen dogs. [Amended 9-1-1994 by L.L. No. 1-1994]
Any dog reported by the owner to the Dog Control Officer as being lost or stolen and later recovered by the Dog Control Officer or law enforcement officer shall not be subject to the fees hereinbefore established if said dog is redeemed within two (2) days of notice of recovery.
§ 56-10. Enforcement.
A. The Dog Control Officer appointed by the Town Board, as provided by § 114 of the Agriculture and Markets Law, shall enforce the provisions of this article and may also investigate and report to a Town Justice any dangerous dog as described in § 121 of the Agriculture and Markets Law and shall carry out the order or orders of the Town Justice in those cases provided for in § 118 of the Agriculture and Markets Law and may enforce and carry out the duties outlined generally in Article 7 of said Agriculture and Markets Law. [Amended 9-1-1994 by L.L. No. 1-1994]
B. The Dog Control Officer shall also have the authority to issue an appearance ticket pursuant to the Criminal Procedure Law for any violation of this article.
(1) An answer to such appearance ticket may be made by registered or certified mail, return receipt requested, within five (5) days of the violation as provided in Subsection B(2) and (3) in lieu of personal appearance at Justice Court on the return date at the time specified in said appearance ticket.
(2) If a person charged with the violation admits to the violation as charged in the appearance ticket, he/she may complete the form attached to the appearance ticket and forward such form and appearance ticket. The Town Justice to whom the ticket has been referred shall inform the violator as to the amount of the penalty for the violation charged. A check or money order must then be submitted.
(3) If the person charged with the violation denies part or all of the violation as charged in the appearance ticket, he/she may complete the form likewise prescribed for that purpose and forward such form and appearance ticket, together with security in the amount of fifteen dollars ($15.), to the office specified on such appearance ticket. Upon receipt, such answer shall be entered and a new return date established by said office. Such person shall be notified by return mail of the date, time and place of such return date, and the security shall be returned upon appearance thereat. If a person shall fail to appear at a return date, when such is provided for pursuant to this section, the security posted to secure such appearance shall be forfeited and a summons or a warrant of arrest may be issued pursuant to the Criminal Procedure Law.
C. Every dog seized by the Dog Control Officer shall be maintained, redeemed, sold or destroyed in accordance with Article 7 of the Agriculture and Markets Law of the State of New York. [Amended 9-1-1994 by L.L. No. 1-1994]
D. The Dog Control Officer shall pursue all nonpayment of violations with a Town Justice of the Town of Walworth.EN [Amended 9-1-1994 by L.L. No. 1-1994]
§ 56-11. Penalties for offenses. [Amended 9-1-1994 by L.L. No. 1-1994]
Any person who violates this article or knowingly permits the violation of this article or any of its provisions shall be deemed to have committed an offense against this article, and any person convicted of any such violation shall be liable to the penalties set forth in § 119 of the Agriculture and Markets Law.

Chapter 67, BUILDINGS, UNSAFE
[HISTORY: Adopted by the Town Board of the Town of Walworth 11-16-1978 as L.L. No. 12-1978; amended in its entirety 5-7-1981 by L.L. No. 2-1981. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction -- See Ch. 85.
Property maintenance -- See Ch. 128.
Zoning -- See Ch. 180.
§ 67-1. Findings; purpose.
Unsafe buildings pose a threat to life and property in the Town of Walworth. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings or structures not properly secured at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. A dilapidated building or structure may also serve as a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this chapter to provide for the safety, health protection and general welfare of persons and property in the Town of Walworth by requiring such unsafe building be repaired or demolished and removed.
§ 67-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING -- Any building, structure or portion thereof used for residential, business or industrial purpose.
BUILDING INSPECTOR -- The Building Inspector of the Town of Walworth or such other person appointed by the Town Board to enforce the provisions of this chapter.
STRUCTURE -- Anything erected, constructed or standing which requires temporary or permanent location on or support from the soil.
SURVEYOR -- A person skilled in construction based on practical experience or formal training who may be appointed by the Town Board to review the recommendations of the Building Inspector.
§ 67-3. Investigation and report.
When in the opinion of the Building Inspector or a surveyor appointed by the Town Board or upon receipt of information that a building is or may become dangerous or unsafe to the general public; is open at the doorways and windows making it accessible to and an object of attraction to minors under eighteen (18) years of age, as well as to vagrants and other trespassers; is or may become a place of rodent infestation; presents any other danger to the health, safety, morals and general welfare of the public; or is unfit for any use, including the purposes for which it may lawfully be used, he/she shall cause or make an inspection thereof and report, in writing, to the Town Board his or her findings and recommendations in regard to its repair or demolition and removal.
§ 67-4. Town Board order.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous and order its repair, if the same can be safely repaired, or its demolition or removal, and further order that a notice be served upon the person or persons and in the manner provided herein.
§ 67-5. Contents of notice.
The notice shall contain the following:
A. A description of the premises.
B. A statement of the particulars in which the building is unsafe or dangerous.
C. An order outlining the manner in which the building is to be made safe and secure or demolished and removed.
D. A statement that the securing or removal of such building shall commence within thirty (30) days of the service of the notice and shall be completed within sixty (60) days thereafter, unless for good cause shown such time shall be extended.
E. A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five (5) business days from the date of service of the notice.
F. A statement that in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including legal expenses.
§ 67-6. Service of notice.
Said notice shall be served:
A. By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee or any person having a vested or contingent interest in such unsafe building as shown by the records of the Receiver of Taxes (or Tax Collector) or of the County Clerk; or if no such person can be reasonably found, by mailing such owner, by registered mail, a copy of such notice directed to his or her last known address as shown by the above records;
B. By personal service of a copy of such notice upon any adult person residing in or occupying such premises if such person can be reasonably found; and
C. By securely affixing a copy of such notice upon the unsafe building.
§ 67-7. Filing of notice.
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Wayne.
§ 67-8. Refusal to comply; action by town.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure, either by town employees or by contract. Except in emergency as provided in § 67-10 hereof, any contract for demolition and removal of a building in excess of five thousand dollars ($5,000.) shall be awarded through competitive bidding.
§ 67-9. Assessment of expenses.
All costs and expenses incurred by the town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actually removing or repairing such building, shall be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
§ 67-10. Emergency cases.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 67-9 hereof.
§ 67-11. Compensation of surveyor.
The surveyor appointed as provided herein shall be paid reasonable compensation as shall be fixed by the Town Board.
§ 67-12. Penalties for offenses. [Added 9-1-1994 by L.L. No. 1-1994; amended 10-7-1999 by L.L. No. 5-1999]
Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

Chapter 92, GAMES OF CHANCE
[HISTORY: Adopted by the Town Board of the Town of Walworth 10-3-1977;EN amended in its entirety 11-16-1978 by L.L. No. 5-1978. Subsequent amendments noted where applicable.]
§ 92-1. Statutory authority; title.
This chapter is enacted pursuant to the authority of Article 9-A of the General Municipal Law of the State of New York and shall be known as the "Games of Chance Law of the Town of Walworth."
§ 92-2. Definitions.
A. The words and terms used in this chapter shall have the same meanings as such words and terms are used in Article 9-A of the General Municipal Law, unless otherwise provided herein or the context requires a different meaning.
B. As used in this chapter, the following terms shall have the meanings indicated:
OFFICER -- Chief law officer of the Town of Walworth; if not, the Wayne County Sheriff.
TOWN -- Town of Walworth.
§ 92-3. Conduct authorized; license required; conduct on Sundays; restrictions.
A. Games of chance may be conducted in the town by an authorized organization, after obtaining a license therefor, in accordance with the provisions, requirements and limitations of Article 9-A of the General Municipal Law, the rules and regulations of the New York State Racing and Wagering Board and this chapter.
B. The conduct of games of chance on Sundays is authorized, except as otherwise provided in Article 9-A of the General Municipal Law.
C. The restrictions contained in § 189 of the General Municipal Law shall govern the conduct of games of chance in the town.
§ 92-4. Penalties for offenses. [Added 9-1-1994 by L.L. No. 1-1994; amended 10-7-1999 by L.L. No. 5-1999]
Any person who violates any provision of this chapter shall be guilty of a violation and, upon conviction, shall be punished by a fine of not more than $250 or by imprisonment of not more than 15 days, or by both such fine and imprisonment.

Chapter 99, JUNKYARDS AND JUNK DEALERS
[HISTORY: Adopted by the Town Board of the Town of Walworth 5-6-1982 as L.L. No. 1-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention -- See Ch. 88.
Noise -- See Ch. 108.
Property maintenance -- See Ch. 128.
Subdivision of land; site plan review -- See Ch. 151.
Zoning -- See Ch. 180.
§ 99-1. Applicability.
This chapter shall apply to every person who shall be engaged in business as a junk dealer as hereinafter defined.
§ 99-2. Findings.
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of this town 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 inhabitants. The outdoor storage of junked or wrecked motor vehicles or parts thereof and other scrap or waste material is detrimental to the health, safety and general welfare of the town. Such storage also endangers the person and property of members of the community, since fuel tanks of junked automobiles containing gasoline or gasoline fumes may easily explode and the accumulation of waste material, unless regulated, can cause serious fire and safety hazards and the harboring of vermin or may have serious environmental effects.
§ 99-3. Definitions.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
JUNK DEALER -- Any person who shall carry on the business of buying, selling, storing or processing any of the articles enumerated in § 99-4 at a place of business of a junkyard or automobile wrecking yard as defined below.
JUNKYARD or AUTOMOBILE WRECKING YARD -- In addition to the definitions contained in § 180-4 of this Code, any place of storage or deposit, whether in connection with another business or not, where junked motor vehicles, wrecks or parts thereof and other waste material are bought, sold, stored, dismantled, processed for salvage or otherwise handled for any other related purpose.
§ 99-4. License required.
No person shall engage in or conduct the business of junk dealer within the Town of Walworth, either for himself or for and on behalf of any other person, directly or indirectly as agent, employee or otherwise, either for profit at wholesale or retail, which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal or otherwise of bodies, engines or parts of junked or wrecked motor vehicles or of any other secondhand or used property of whatever material it is composed or of any waste material, whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement or otherwise, without first obtaining a license therefore as hereinafter provided.
§ 99-5. Application for license; renewal; transferability; bond.
A. Information required. Each applicant for a license hereunder shall execute under oath an application therefore, to be supplied by the town and obtained from the Town Clerk's office, and submit that to the Building Inspector's office, which application shall contain the following information:
(1) The full name of the applicant. If the applicant is an individual, his or her address; if a partnership, the names and addresses of all partners; if a corporation, the names and addresses of all officers, stockholders and directors.
(2) The applicant shall set forth for each person listed under Subsection A(1) above a record of conviction, except for traffic violations, and the nature, date, court and disposition of each such conviction.
(3) The applicant shall list any and all previous applications to the town or any other town to carry on this proposed business or a similar business and the disposition of the application and, if denied or terminated, the reason why denied or terminated.

(4) The applicant shall set forth a list of any zoning, building or junkyard violations or citations which have been issued by any state or municipal government where the applicant has transacted business or has been associated with a similar business and give the state, the municipality and the reason for the citation and the final disposition of the violations or citations.
(5) The applicant shall list all organizations or persons who have a financial interest in the real property or the inventory or the business and, if the organization is other than a licensed banking institution in the State of New York, furnish the information under Subsection A(1), (2), (3) and (4) above with regard to each.
(6) The applicant shall list all names or assumed names or corporate names under which the applicant has done business or with which the applicant has been connected in the previous ten (10) years and the address of each business.
(7) The applicant shall state the name of the proposed business and, if an assumed name, proof of compliance with the law or, if a corporation, proof of incorporation and current status of the corporation.
(8) The applicant shall state that the applicant shall be responsible for the proper maintenance of the junkyard or automobile wrecking yard and its upkeep during the license period.
(9) Such other information as may be required by the Town Board.
(10) The applications shall be signed and sworn to before a notary public or other officer authorized to administer oaths.
B. The renewal of each license may incorporate by reference any previous information submitted but will also set forth any known citations, violations or complaints made to the town or any state or county official. The annual renewal fee shall be as set forth from time to time by Town Board resolution. [Amended 9-1-1994 by L.L. No. 1-1994]
C. The license issued will not be transferable nor may a third party lease the premises and attempt to operate under the license. A change in ownership of the real property or the business or any shares of stock in the corporation owning the real property or the business shall be a violation of this section unless a new application is received and processed prior to the effective date of change.
D. Map or plan. At the time of making the application, the applicant shall submit to and file with the Building Inspector a map or plan of the real property upon which he/she intends to conduct the activity or business for which he/she is making application for a license hereunder with the area of such real property which it is proposed to be used for such purpose and the location of the fence required 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. This requirement shall be in addition to any requirements set forth in any other chapter or section of the Code of the Town of Walworth.
E. Agreement to comply with regulations. In the application, the applicant shall agree that if granted the license applied for, he/she will conduct the activity or business pursuant to the regulations hereinafter set forth and that upon his or her failure to do so, such license may be revoked forthwith.
F. Bond. Such application shall be accompanied by a bond to the Town of Walworth, approved as to form by the Town Attorney, in the penal sum of five thousand dollars ($5,000.) with sufficient surety or securities or sufficient collateral security, conditioned for the due observance during the term of the license of any and all provisions of this chapter and the Code of the Town of Walworth which are now in force or may hereafter be adopted by the Town Board respecting the collection, buying, selling or otherwise dealing in articles enumerated in § 99-4. [Amended 9-1-1994 by L.L. No. 1-1994]
§ 99-6. Issuance of license; contents; time limit on new applications.
A. Upon the filing of the application and the bond as provided in the preceding section, the Town Board may, upon approval of such application after investigation thereof and of such bond as to sufficiency of surety or sureties or collateral security and the payment to the town of the license fee hereinafter provided, issue to the applicant a license to engage in business as provided in § 99-4. No license shall be refused except for a specific reason, including but not limited to past performance as an operator of such a business and/or his or her record of compliance with the codes and regulations of the town and any previous town, and for the protection of public safety, health, welfare or morals.
B. All licenses shall state clearly the location of the junk business, the date of issuance and expiration of the license and the name and address of the licensee.
C. No applicant to whom a license has been refused or whose license has been terminated shall make further application until a period of at least six (6) months shall have elapsed since the last previous rejection unless he/she can show that the reason for such rejection no longer exists.
D. Any license granted hereunder shall not be deemed to waive any provision of the Code of the Town of Walworth.
§ 99-7. License fees. [Amended 9-1-1994 by L.L. No. 1-1994]
Every junk dealer as defined in § 99-3 shall pay an annual license fee as set forth from time to time by Town Board resolution.
§ 99-8. Term of license; time limit for filing.
A. All licenses shall be issued as of January 1 and shall continue in force until December 31 next succeeding the date of issuance thereof, unless sooner revoked by the Town Board.
B. Each applicant shall file the renewal application not less than sixty (60) days prior to the expiration of the existing license. If it is an initial application for a license, the application must be filed at least sixty (60) days prior to the date the business is expected to commence.
§ 99-9. Display and possession of license.
Each junk dealer while exercising his or her license shall exhibit the same whenever requested to do so by a police officer or other official of the town. No license shall be used by any person other than the original licensee, and any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall be guilty of a violation of this chapter. Whenever a license shall be lost or destroyed without fault on the part of the holder or his or her agent or employee, a duplicate license in lieu thereof under the original application and bond may be issued by the Town Board in its discretion, upon filing of a sworn affidavit providing the loss of such license.
§ 99-10. Regulations for operation.
A. Licensee to be responsible. The licensee must personally manage or be responsible for the management of the activity or business for which the license is granted.
B. Office and employees. 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 there from and to prevent improper trespass thereon by children and others.
C. Fencing. Notwithstanding any other provision of this Code of the Town of Walworth, every junkyard shall be completely surrounded with a fence at least eight (8) feet in height which substantially screens by any opaque, permanent material and with a suitable gate which shall be closed and locked except during the working hours of such yard or when the applicant or his or her agent shall be within. Such fence shall be erected not nearer than fifty (50) feet to a public highway. All junked motor vehicles and waste material stored or deposited by the applicant or third parties 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, but in no event shall any automobiles, parts or material be allowed to remain outside of the fenced enclosure overnight. All processing and dismantling shall be accomplished within the enclosure.
D. Fire lanes. Inside and adjacent to and contiguous with such fence a strip of land at least twelve (12) 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.
E. Other provisions. The applicant must comply with all other provisions of the Code of the Town of Walworth.
F. Burning prohibited; location of material.
(1) No materials shall be burned.
(2) The junked motor vehicles, parts and materials dealt in by the licensee shall be arranged in neat rows so as to permit easy, clear passage through the area.
(3) Open storage of junked motor vehicles and other waste material shall be separated by twelve-foot lanes at least every fifty (50) feet in width and seventy-five (75) feet in depth and shall not be stored closer than twelve (12) feet to any building or structure.
(4) Access lanes shall be adequately graded and drained to prevent seasonal flooding and shall be prepared and covered with a material to make them operable in all seasons, sufficient to support emergency vehicles.
(5) 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 forty thousand (40,000) square feet of area. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available.
G. Waste facilities.
(1) Suitable sanitary facilities shall be available, connected to approved public sewers or septic tanks, for the use and convenience of the employees of the licensee as well as the general public visiting the area.
(2) A collection or holding tank shall be constructed with a collection system to prevent contaminated runoff of other substances from leaving the premises, except in trucks approved and licensed for that purpose by the State of New York Department of Environmental Conservation.
H. Access to town officials. Police officers, any member of the Town Board or any of its representatives, in particular the Zoning Enforcement Officer, 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.
I. Standards of performance.
(1) The applicant at all times shall comply with the performance standards required of all businesses within an industrial zone.
(2) The hours of operation shall be not before 7:00 a.m. and not after 6:00 p.m. on any day of the week and not before 9:00 a.m. and not after 2:00 p.m. on Saturday and Sunday of each week.
(3) Vermin control. Grounds, buildings and waste material shall be maintained free of insect, vermin and rodent harborage and infestation. The junk dealer shall conduct monthly rodent control measures adequate to control any rodent harborage. If such measures are not performed monthly, then they shall be performed as identified by the Building Inspector. [Amended 6-17-1982 by L.L. No. 2-1982]
§ 99-11. Restrictions on license.
A. No junk dealer shall carry on the business at or from any other place than the one designated in the license therefor nor shall he/she continue to carry on business after such license has been revoked or has expired.
B. No person licensed under the provisions of this chapter shall, during the continuance of such license, use, exercise or carry on the business or trade of a pawn broker nor shall any pawn broker receive a license under the provisions of this chapter.
C. No license as junk dealer shall be granted to any person who shall have been convicted of a violation of this Code of the Town of Walworth within five (5) years of the date of application; or who has been cited for a violation of this Code which has not been resolved to the satisfaction of the appropriate agency within ten (10) days of receipt of the citation; or who shall have been a member of an association or an officer of a corporation which shall have been so convicted; also any person who shall have been convicted of a felony or of knowingly receiving stolen goods or a member of any association or partnership or an officer of any corporation which shall have been so convicted or so cited for a violation of the Code.
D. No person shall be granted a license who does not at all times have a valid dismantler's license from the State of New York.
§ 99-12. Revocation of license.
The Town Board may, at any time, for such cause as it, upon investigation, deems sufficient, revoke any license granted under the provisions of this chapter. Whenever any license shall be so revoked, no refund of any unearned portion thereof shall be made and no license shall be granted to any person whose license has been so revoked within a period of five (5) years from the date of such revocation. Notice of such revocation and the reason or reasons therefore, in writing, shall be served by the Town Clerk upon the person named in the application by mailing the same to the address given in the application and upon filing a copy of such with the Town Clerk.
§ 99-13. Duties of junk dealers.
A. Keeping of records. Every junk dealer shall keep, in such form as the State of New York or the Town of Walworth may prescribe, and written in ink or indelible pencil, a daily record of all articles purchased, the name, residence, age and occupation of the person from whom each article was purchased and the name of the employer, if any, of such person; also the day and hour of such purchase and the price paid. The records shall be open to inspection at all reasonable times by any police officer or other authorized official of the town. No entry in such records shall be changed, erased, obliterated or defaced.
B. Reports to Police Department. Every junk dealer, upon being served with a written notice so to do by any police agency, shall report to the party requesting the same, on blank forms to be furnished by the police agency, an accurate description of all goods, articles or things purchased or received by him or her in the course of business as a junk dealer at such time and during such period of time specified in the notice, stating the amount paid for and the name, residence and general description of the person from whom such goods, articles or things were received.
C. Lost or stolen goods. If any goods, articles or things whatsoever shall be advertised in any newspaper having general circulation in the town as having been lost or stolen, and the same or any answering the description advertised or any part or portion thereof shall be or come into the possession of any junk dealer, he/she shall give information thereof, in writing, to the Sheriff's Department or State Police and state from whom the same was received. Any junk dealer who shall have or receive any goods, articles or things lost or stolen or alleged or supposed to have been lost or stolen shall exhibit the same on demand to any police officer or to any official of the town.
§ 99-14. Enforcement officer.
The Building Inspector shall enforce this chapter, and he/she and any of his or her subordinates or agents shall be granted access to any junkyard and all areas therein within the control of the junk dealer at all reasonable times, upon exhibiting proper credentials.
§ 99-15. Penalties for offenses. [Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No. 5-1999]
Each violation of any provision of this chapter shall constitute a violation, pursuant to the Penal Law, and, upon conviction, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.

Chapter 108, NOISE
[HISTORY: Adopted by the Town Board of the Town of Walworth 8-2-1979 as L.L. No. 5-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Animals -- See Ch. 56.
Peddling and soliciting -- See Ch. 121.
§ 108-1. Loud and unnecessary noise; certain noises declared nuisances.
The creation of any unreasonably loud, disturbing or unnecessary noise in the Town of Walworth, New York, except in the pursuit of agricultural occupations, is prohibited. Noise of such character, intensity or duration as to endanger or infringe upon the public comfort, peace or repose or to be detrimental to the life or health of any individual is declared to be a nuisance and is prohibited.
§ 108-2. Horns and signal devices.
No person shall sound any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control or, if in motion, only as a danger signal; nor create by means of any such signal device any unnecessary or unreasonably loud, harsh or prolonged sound; nor sound such device for an unnecessary and unreasonable period of time. This section shall not apply to fire, police and duly authorized emergency vehicles or stationary signaling devices used in connection with such organizations.
§ 108-3. Radios, televisions and phonographs; musical instruments.
No person shall amplify, operate or play or cause to be operated or played any radio, television, phonograph or any other electronic device or any musical instrument or any other noise-emitting device in such manner or with such volume at any time, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort or repose of persons inside or outside any dwelling or building within the town.
§ 108-4. Birds and animals.
No person shall keep any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any person in the vicinity.
§ 108-5. Motor vehicles.
No person shall use an automobile, motorcycle, motorbike, snowmobile, go-cart, ATV, bus or any other motorized vehicle or equipment out of repair or so loaded or in any manner modified as to create loud, unnecessary grating, grinding, rattling or other noise.
§ 108-6. Engine exhaust.
No person shall discharge or cause to be discharged into the open air the exhaust of any engine, motor vehicle or motorboat engine, except through a muffler equal to the original equipment or other device which effectively prevents loud or explosive noise there from, except in the pursuit of agricultural occupations.
§ 108-7. Abusive conduct or language.
No person shall create a disturbance or engage in improper conduct or abusive acts or language in any church, theater, public hall, public street or other locations throughout the town limits.
§ 108-8. Penalties for offenses. [Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No. 5-1999]
Any person, corporation, partnership or business violating a provision of this chapter shall be subject to a fine for each violation thereof in any amount not to exceed $250 or to imprisonment for not more than 15 days, or both.