You are here: / / THE MUNICIPAL LAW PROVISION WHICH REQUIRES JUNK YARDS TO BE LICENSED DOES...
, ,

THE MUNICIPAL LAW PROVISION WHICH REQUIRES JUNK YARDS TO BE LICENSED DOES NOT APPLY IN PLAINTIFF TOWN WHERE DEFENDANT OPERATES HER JUNK YARD; A LOCAL ZONING ORDINANCE, WHICH DOES NOT REQUIRE LICENSURE, IS THE CONTROLLING LAW (FOURTH DEPT).

The Fourth Department, reversing Supreme Court, determined the Municipal Law provision which requires junk yards to be licensed does not apply to defendant because the local zoning ordinance is the controlling law:

… [T]he parties dispute whether General Municipal Law § 136 applies to junkyards located within plaintiff [town]. That statute provides that it “shall not be construed to . . . supersede . . . ordinances or local laws for the control of junk yards . . . 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” (General Municipal Law § 136 [12]).

We agree with defendant that General Municipal Law § 136 is inapplicable to plaintiff’s regulation of her junkyard inasmuch as plaintiff has a local “zoning ordinance[] . . . for the control of junk yards . . . in effect” … . Plaintiff’s Zoning Ordinance … defines the term “Junkyard,” establishes Zoning Districts, including, as relevant here, an “Agricultural/Residential District” and an “Industrial Zoning District,” provides that a junkyard is allowed only in an Industrial Zoning District and only with a Special Use Permit, and governs the application for and issuance of Special Use Permits. Plaintiff [town] therefore effectively implemented an “ordinance or local law or regulation to license or regulate junk yards” … . It is of no moment that plaintiff’s Zoning Ordinance did not include a specific policy for issuing a license for junkyards … . Town of Montezuma v Smith, 2024 NY Slip Op 06433, Fourth Dept 12-20-24

Practice Point: By its own terms the General Municipal Law provision which requires licensure of junk yards does not apply in towns that have a zoning ordinance which regulates junk yards, even where the ordinance does not require licensure.

 

You might also like
Supreme Court Should Have Considered the Alleged Incapacitated Person’s (AIP’s) Available Resources Before Finding the AIP Incapacitated and In Need of a Guardian
THE PROPERTY-INSURANCE EXCLUSION FOR “DETERIORATION” APPLIED TO THE BULGING WALL CAUSED BY THE DETERIORATION OF BRICKS, PRECLUDING COVERAGE (FOURTH DEPT).
Despite Broad General Language, the Release Applied Solely to the Property-Damage Claim Referenced In It and Not to Plaintiff’s Personal Injury Action
MOTION FOR LEAVE TO FILE LATE NOTICE OF CLAIM AGAINST A PUBLIC CORPORATION SHOULD NOT HAVE BEEN GRANTED FOR ONE OF TWO ACCIDENTS, CLAIMANT FAILED TO SHOW DEFENDANT HAD TIMELY ACTUAL KNOWLEDGE OF THE FIRST OF TWO ACCIDENTS (FOURTH DEPT).
DEFENDANT WAS ENTITLED TO A HEARING ON THE MOTION TO VACATE THE CONVICTION ON INEFFECTIVE ASSISTANCE GROUNDS DESPITE THE ABSENCE OF AN AFFIDAVIT FROM TRIAL COUNSEL (FOURTH DEPT).
STATUTE CRIMINALIZING THE POSSESSION OF AN UNLICENSED FIREARM DOES NOT VIOLATE THE SECOND AMENDMENT (FOURTH DEPT).
THE POLICE OFFICER INJURED IN THE TRAFFIC ACCIDENT AND THE CITY SEEKING RECOVERY OF PAYMENTS MADE STEMMING FROM THE OFFICER’S INJURY MUST SHARE THE $100,000 “PER PERSON” INSURANCE-POLICY LIMIT (FOURTH DEPT). ​
THE ESTATE OF A PARTY TO A SEPARATION AGREEMENT MAY SEEK A DOWNWARD MODIFICATION OF THE AGREED MAINTENANCE PAYMENTS; THE DISSENT ARGUED ONLY THE PARTY, NOT THE ESTATE OF THE PARTY, CAN SEEK A DOWNWARD MODIFICATION AND THE MATTER SHOULD BE HANDLED IN PROBATE (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE GRAND JURY WAS PROPERLY INSTRUCTED ON THE DEFINITION OF “IMPAIRED”... SMI, A SOLID WASTE TREATMENT FACILITY, RAISED A SEQRA CHALLENGE TO A LOCAL LAW...