[HISTORY: Adopted by the Town Board of the Town of Milton 10-8-1973 by Ord. No.
44. Amendments noted where applicable.]
No person, firm or corporation shall engage in the business
of buying, selling, gathering, delivering, transferring or storing
of secondhand motor vehicles, old iron, paper, rags, or other material
normally included with the terms of salvage material or junk material
without first having obtained a license therefor as provided in this
chapter. For the purposes of this chapter, any premises owned or leased
by any landowner, tenant, individual, firm or corporation that contains
two or more unlicensed, junk motor vehicles that are not housed within
a structure shall constitute a salvage yard and require a license
under this chapter.
An application for such license shall be in writing and filed
with the Clerk of the Town and shall be accompanied by a fee herein
required. Such application shall set forth the full name and residence
of the applicant, and, in case of a firm, full names and residences
of members of the firm, and shall describe particularly the lot or
parcel of land, if any, upon which junk is to be collected, stored
or delivered, or which is to be used in connection with the conduct
of such business and whether the junk to be stored is combustible
or incombustible. Said application shall be presented forthwith by
said Clerk to the Town Board and if the same shall be approved by
the Town Board, a license as provided shall be issued by the Clerk.
The license fee shall be as set by resolution of the Town Board
for the issuance of a license for the first year. Such license, if
granted, shall not be transferable and must be renewed at the end
of each calendar year, upon application therefor as above provided
and payment of an annual renewal fee as set by resolution of the Town
Board for each year for which such license is renewed.
No license shall be granted unless the area to be used for such
purposes is 1,000 feet or more from a public highway, residence, school,
church, place of business, flowing stream or lake, said measurements
to be made at the nearest points.
No license shall be granted unless the area to be used for such
purposes shall be enclosed by a fence not less than eight feet above
the ground; nor unless a suitable road or driveway within said area
is available and accessible for the use of fire-fighting equipment
or other emergency vehicles.
This chapter shall operate prospectively and shall not be retroactive so as to affect the existing areas now licensed for salvage yards and junk motor vehicles, except those persons now operating such areas shall be required to file each year with the Clerk of the Town an application for the renewal of their license and to pay the annual renewal license fee as provided in § 316-3 hereof.
Upon complaint being made, in writing, by any resident to the
Town Board that any licensee has violated any of the provisions of
this chapter, the Town Chairman shall summon such licensee to appear
before the Town Board at the time specified in the summons, which
shall not be less than three days after the date of service thereof,
to show cause why his license shall not be revoked. The Town Board
shall proceed to hear the matter and, if it finds the allegations
of said complaint are true, shall revoke the license of any such person.
No person shall park or store any unlicensed, junk motor vehicle where said motor vehicle is visible from any improved paved street or road. The Town Board or Town Chief of Police will issue a written notice requiring removal of said junk motor vehicle to the owner and/or tenant of the property where said motor vehicle is located. If said junk motor vehicle is not removed from the premises or completely housed from public view inside a structure, within 30 days from the date notice was issued, the penalty of provisions of § 316-10 of this chapter shall apply.
The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to the regulation of salvage yards and junk motor vehicles and Chapter 400, Zoning, of the Code of the Town of Milton, and amendment thereto to this date, and in no way supersede or nullify such laws and ordinances.
[Amended 4-7-1975[1]]
Any person who shall violate any provisions of this chapter
shall, upon conviction thereof, be subject to a fine of not less than
$100 and not more than $500 and costs of prosecution and, in default
of payment thereof, shall be imprisoned in the County Jail of Rock
County until such fine and costs are paid, such imprisonment not to
exceed 90 days. Each day constitutes a separate violation.
