[CC 1983 §51.010; Ord. No. 306 §51.010(1), 11-19-1987]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Chapter:
The area of a junk yard as described in a junk dealer's license
or application for license, as provided for in this Chapter.
An individual (natural person) who buys, sells, collects,
or delivers junk within the City as a business or employment within
the City, but who is not an operator of a junk yard within the City
or an employee of such an operator.
Any old iron, steel, brass, copper, tin, lead, or other base
metals; old cordage, ropes, rags, fibers, or fabrics; old rubber;
old bottles or other glass; bones; wastepaper and other waste or discarded
material which might be prepared to be used again in some form; and
any or all of the foregoing; and motor vehicles, no longer used as
such, to be used for scrap metal or stripping of parts; but "Junk" shall not include materials or objects accumulated
by a person as by-products, waste, or scraps from the operation of
his/her own business, or materials or objects held and used by a manufacturer
as an integral part of his/her own manufacturing processes.
A person who operates a junk yard, as defined below, within
the City.
A yard, lot, or place, covered or uncovered, outdoors or
in an enclosed building, containing junk as defined above, upon which
occurs one or more acts of buying, keeping, dismantling, processing,
selling or offering for sale any such junk, in whole units or by parts,
for a business or commercial purpose, whether or not the proceeds
from such act or acts are to be used for charity.
[CC 1983 §51.020; Ord. No. 01-23, 4-19-2001]
It shall be unlawful for any person to act as a junk dealer
or itinerant junk dealer in the City, whether personally, by agents
or employees, singly, or along with some other business or enterprise,
without first having applied and been approved for a special use permit.
[CC 1983 §51.030]
A.Â
An
applicant for license under this Chapter shall file with the City
Clerk a written application upon forms provided by the City Clerk,
and pay a fee as hereinafter prescribed.
B.Â
Said
application shall include the junk dealer or itinerant junk dealer's
name, residence address, and telephone number of applicant; the exact
address or location of the place where the business is or is proposed
to be carried on; and such other information as the City Clerk may
reasonably require.
[Ord. No. 223 §51.040, 10-4-1984]
The fee for the license required pursuant to Section 620.020 as established by ordinance of the Board of Aldermen is twenty dollars ($20.00) per annum.
[CC 1983 §51.050]
A.Â
Upon
receipt of an application for a junk dealer's license as provided
for herein, the Chief of Police shall cause an investigation to be
made of the applicant's business responsibility and moral character.
B.Â
If
the findings of said investigation are favorable to the applicant,
the City Clerk shall within thirty (30) days after the filing of the
application and payment of the fee, issue a junk dealer's license
to the applicant.
[CC 1983 §51.060]
No license issued under this Chapter shall be transferred or
assigned or used in any way by any person other than the one to whom
it was issued.
[CC 1983 §51.070]
All licenses issued under the provisions of this Chapter shall
expire on the thirtieth (30th) day of June following the issuance
thereof. For a partial year license, the fee shall be pro-rated quarterly.
No license fee shall be returned to the holder upon sale, transfer
or dissolution of the business for which the license was issued.
[CC 1983 §51.080]
A.Â
The
following general operating requirements shall apply to all junk dealers
licensed in accordance with the provisions of this Chapter:
1.Â
The license issued pursuant to this Chapter shall be plainly displayed
on the business premises.
2.Â
The junk yard, together with things kept therein, shall at all times
be maintained in a sanitary condition.
3.Â
No space not covered by the license shall be used in the licensed
business.
4.Â
No water shall be allowed to stand in any place on the premises in
such manner as to afford a breeding place for mosquitoes.
5.Â
Weeds and vegetation on the premises, other than trees, shall be
kept at a height of not more than four (4) inches.
6.Â
No garbage or other waste liable to give off a foul odor or attract
vermin shall be kept on the premises; nor shall any refuse of any
kind be kept on the premises, unless such refuse is junk as described
herein and is in use in the licensed business.
7.Â
No junk shall be allowed to rest upon or protrude over any public
property, street, alley, walkway, or curb or become scattered or blown
off the business premises.
8.Â
Junk shall be stored in piles not exceeding ten (10) feet in height
and shall be arranged so as to permit easy access to all such junk
for firefighting purposes.
9.Â
No combustible material of any kind not necessary or beneficial to
the licensed business shall be kept on the premises; nor shall the
premises be allowed to become a fire hazard.
10.Â
Gasoline and oil shall be removed from any scrapped engines or vehicles
on the premises.
11.Â
No junk or other material shall be burned on the premises in any
incinerator not meeting the approval of the Chief of the Fire Department,
which approval shall not be unreasonably denied.
12.Â
No noisy processing of junk or other noisy activity shall be carried
on in connection with the licensed business on Sunday, Christmas,
Thanksgiving, or at any time between the hours of 6:00 P.M. and 7:00
A.M.
13.Â
The area on the premises where junk is kept (other than indoors)
shall be enclosed, except for entrances and exits, with a solid vertical
wall or fence of a minimum height of eight (8) feet measured from
ground level. Entrances and exits shall not be wider or more numerous
than reasonably necessary for the conduct of the licensed business.
[CC 1983 §51.090]
Section 620.080 shall not apply to the operation of junk yards outside of the City limits, even though the owner thereof be licensed in accordance with this Chapter.
[CC 1983 §51.100]
All junk yards in violation of this Chapter are hereby declared
to be public nuisances. However, to allow flexibility and prevent
undue hardship, the Board of Aldermen may consent to a schedule by
which non-conforming junk yards existing as of January 1, 1975, are
brought in compliance within two (2) years, with one quarter of the
work required for compliance done each six (6) months.
