City of Muskego, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego 12-23-1964 by Ord. No. 1 as §§ 12.08 and 12.14 of the 1964 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 248.
Peddlers, solicitors and transient merchants — See Ch. 267.
Waste management — See Ch. 350.
Zoning — See Ch. 400.
No person shall within the City engage in the business of buying and selling or picking up and selling at retail or wholesale or dealing in any article which from its worn condition renders it practically useless for the purpose for which it was made and which is commonly classed as junk or salvage without obtaining a license therefor.
Application for license hereunder shall be made to the City Clerk upon a form provided by the City Clerk which shall request such information from the applicant as the Common Council may prescribe.
[Amended 12-30-1985 by Ord. No. 541[1]]
The license fee hereunder for each premises at which business hereunder is conducted shall be established by resolution of the Common Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any license issued hereunder shall expire on June 30.
No license shall be issued hereunder until approved by the Common Council. In considering each application, the Common Council shall take into account, among other things, the nature and development of property surrounding a premises to be licensed, the proximity of places for public gathering, traffic volume, congestion and hazards at the location of the premises proposed to be licensed and the health, safety, and general welfare of the public.
A. 
Storage. No junk or salvage shall be stored within 750 feet of the center line of any public highway or within 1,000 feet of a residence or place of public gathering.
B. 
Burning. No burning of junk or salvage shall be done within 1,000 feet of the center line of any public highway or within 1,000 feet of a residence or place of public gathering.
C. 
Storage of combustibles. No combustible junk or salvage shall be stored in any building unless said building is of fireproof construction and is approved by the Building Inspector.
D. 
Enclosure of junk or salvage yards.
(1) 
Every junk or salvage yard coming into existence after October, 7, 1993, shall be enclosed by a solid fence to be approved by the Building Inspector and the Finance Committee of a height not less than eight feet. Such fence shall be painted one color within 30 days after construction and shall be maintained in a proper condition of repair at all times. Junk placed in any junkyard shall be so piled as to not rest against or project through or over the enclosure. It shall be unlawful to affix or display or to permit to be affixed or displayed upon such enclosure any picture, sign, bill, placard, pamphlet, notice or other thing for the purpose of advertising or notification.
(2) 
Any junk or salvage yard in existence on October 7, 1993, shall not have to erect a fence required by this subsection unless for reasons of public welfare and safety it is required by the Building Inspector and Finance Committee.
[Amended 4-22-2004 by Ord. No. 1169]
E. 
Record of purchases. A written record which shall be open to public inspection shall be kept describing all things purchased, with the price thereof, and the name, age and residence of the seller.
F. 
Purchase from certain persons prohibited. No purchase shall be made from any child under 18 years of age or from any intoxicated person, habitual drunkard or unknown person.
G. 
No purchase shall be made hereunder of used pipe, faucets, boilers, spigots or coils from any person other than the manufacturer thereof, a licensed plumber, a person licensed hereunder, or the owner of the building from which the material is taken.
H. 
Rodents and vermin prohibited. Any licensee hereunder shall take effective steps to eliminate rodents and vermin from the premises on which junk or salvage is stored.
I. 
Garbage prohibited. No person shall store any garbage on premises licensed hereunder.
Any license issued hereunder may be revoked by the Council for violation of this chapter. Any person to whom a license is denied pursuant to this chapter or any license holder whose license has been suspended or revoked hereunder may seek remedy through procedures as provided in Chapter 6, Administrative Review, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.