§ 136. Regulation of automobile junk yards. 1. Legislative intent. A\nclean, wholesome, attractive environment is declared to be of importance\nto the health and safety of the inhabitants and the safeguarding of\ntheir material rights against unwarrantable invasion and, in addition,\nsuch an environment is deemed essential to the maintenance and continued\ndevelopment of the economy of the state and the general welfare of its\ncitizens. It is further declared that the unrestrained accumulation of\njunk motor vehicles is a hazard to such health, safety and welfare of\ncitizens of the state necessitating the regulation, restraint and\nelimination thereof. At the same time, it is recognized that the\nmaintenance of junk yards as hereinafter defined, is a useful and\nnecessary business and ought to be encouraged when not in conflict with\nthe express purposes of this section.\n 2. Definitions. For the purposes of this section, "junk yard" shall\nmean any place of storage or deposit, whether in connection with another\nbusiness or not, where two or more unregistered, old, or secondhand\nmotor vehicles, no longer intended or in condition for legal use on the\npublic highways, are held, whether for the purpose of resale of used\nparts therefrom, for the purpose of reclaiming for use some or all of\nthe materials therein, whether metal, glass, fabric or otherwise, for\nthe purpose of disposing of the same or for any other purpose; such term\nshall include any place of storage or deposit for any such purposes of\nused parts or waste materials from motor vehicles which, taken together,\nequal in bulk two or more such vehicles provided, however, the term junk\nyard shall not be construed to mean an establishment having facilities\nfor processing iron, steel or nonferrous scrap and whose principal\nproduce is scrap iron, steel or nonferrous scrap for sale for remelting\npurposes only.\n "Municipality" as used in this section shall mean a city of less than\none million in population, town or village.\n "Motor vehicle" shall mean all vehicles propelled or drawn by power\nother than muscular power originally intended for use on public\nhighways.\n 3. Requirement for operation or maintenance. No person shall operate,\nestablish or maintain a junk yard until he (1) has obtained a license to\noperate a junk yard business and (2) has obtained a certificate of\napproval for the location of such junk yard.\n 4. Application for license and certificate of approval. Application\nfor the license and the certificate of approved location shall be made\nin writing to the governing board of the municipality where it is\nproposed to locate the junk yard, and, in municipalities having a zoning\nordinance or local law and a zoning board, the application shall be\naccompanied by a certificate from the zoning board that the proposed\nlocation is not within an established district restricted against such\nuses or otherwise contrary to the prohibitions of such zoning ordinance\nor local law. The application shall contain a description of the land to\nbe included within the junk yard.\n 5. Hearing. A hearing on the application shall be held within the\nmunicipality not less than two nor more than four weeks from the date of\nthe receipt of the application by the legislative body. Notice of the\nhearing shall be given to the applicant by mail, postage prepaid, to the\naddress given in the application and shall be published once in a\nnewspaper having a circulation within the municipality, which\npublication shall be not less than seven days before the date of the\nhearing.\n 6. License requirements. At the time and place set for hearing, the\ngoverning board shall hear the applicant and all other persons wishing\nto be heard on the application for a license to operate, establish or\nmaintain the junk yard. In considering such application, it shall take\ninto account the suitability of the applicant with reference to his\nability to comply with the fencing r
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