City of Duquesne, MO
Jasper County
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Table of Contents
Table of Contents
[R.O. 2004 § 615.010; CC 1986 § 51.010]
Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Chapter:
AUTOMOBILE GRAVEYARD
Any establishment, area or place of business maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or parts thereof.
BUSINESS PREMISES or PREMISES
The area of a junkyard as described in a junk dealer's license or application for license, as provided for in this Chapter.
JUNK
Any old iron, steel, brass, copper, tin, lead or other base metals; old cordage, ropes, rags, fibers or fabrics; old rubber; 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; and junk, dismantled, or wrecked automobiles; 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.
JUNK DEALER
A person who operates a junkyard, defined below, within the City.
JUNKYARD
A yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing junk, as defined above, and including an automobile graveyard, as defined above, upon which occurs one (1) 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.
[R.O. 2004 § 615.020; CC 1986 § 51.020]
It shall be unlawful for any person to act as a junk dealer in the City whether personally, by agents or employees, singly or along with some other business or enterprise without first having obtained a license therefor from the City Clerk in accordance with the provisions of this Chapter.
[R.O. 2004 § 615.030; CC 1986 § 51.030]
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. Said application shall include the 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.
[R.O. 2004 § 615.040; CC 1986 § 51.040]
The fees for licenses required under this Chapter shall be as established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk.
[R.O. 2004 § 615.050; CC 1986 § 51.050]
Upon receipt of an application for a junk dealer's license as provided for herein, the City Clerk shall cause an investigation to be made of the applicant's business responsibility and moral character. 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.
[R.O. 2004 § 615.060; CC 1986 § 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 (1) to whom it was issued.
[R.O. 2004 § 615.070; CC 1986 § 51.070]
All licenses issued under the provisions of this Chapter shall expire on the 31st day of December following the issuance thereof. In the event any licensee hereunder shall commence business on or after July 1, the City Clerk shall issue such license at the rate of one-half (1/2) the license fee for such six-month period of July 1 to December 31 or fraction thereof. No license fee shall be returned to the holder upon sale, transfer or dissolution of the business for which the license was issued.
[R.O. 2004 § 615.080; CC 1986 § 51.080]
A. 
The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this Chapter:
1. 
The license issued pursuant to this Chapter shall be plainly displayed on the business premises.
2. 
The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition.
3. 
No space not covered by the license shall be used in the licensed business.
4. 
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. 
Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four (4) inches.
6. 
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. 
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. 
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. 
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. 
Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
11. 
No junk or other material shall be burned on the premises in any incinerator not meeting the approval of the Fire Department which serves the City, which approval shall not be unreasonably denied.
12. 
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. 
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.
[R.O. 2004 § 615.090; CC 1986 § 51.090]
Section 615.080 shall not apply to the operation of junkyards outside of the City limits even though the owner thereof be licensed in accordance with this Chapter.
[R.O. 2004 § 615.100]
Any person establishing, operating, or maintaining an unlicensed junkyard in violation of this Chapter shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment.