[HISTORY: Adopted by the Town Council of the Town of West
Greenwich 12-8-1965 by Ord. No.
9. Amendments noted where applicable.]
All persons selling, purchasing, bartering and dealing in junk,
old metals and any other secondhand articles and all persons establishing,
operating or maintaining automobile junkyards shall be required to
obtain a license from the Town Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee for a license for the keeper of a shop or storehouse
for the reception of any junk, old metals or secondhand articles which
is not an automobile junkyard; for a license for any foundryman or
other person receiving the same for the purpose of melting the same
or converting the same into castings; for a license for any gatherer
of the same in any bag, wagon or cart; or for a license for any person
establishing, operating or maintaining an automobile junkyard shall
be set from time to time by the Town Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Town Council, before granting a license under this chapter
to keep a shop or storehouse for the reception of any junk, old metals
or other secondhand articles or to establish, operate or maintain
an automobile junkyard in any location not lawfully occupied for such
purpose at the time of the application for such license, shall hold
a public hearing, notice of which shall be posted at least seven days
but not more than 14 days prior to said hearing in not less than two
public places in the Town and in a newspaper of general circulation
in the Town; provided, however, that before notice of a hearing shall
be posted or published, the applicant for said license shall pay a
filing fee as set from time to time by the Town Council, plus the
cost of posting and publishing said notice.
No license shall be granted under this chapter to the keeper
of any shop or storehouse for the reception of any junk, old metals,
or other secondhand articles or to a person establishing, operating
or maintaining an automobile junkyard in any location not lawfully
occupied for such purpose at the time of the application for such
license where the owners or occupants of the greater part of the land
within 200 feet of such building or place shall file with the Town
Council their objection to the granting of such license; provided,
however, that this section shall not apply to any applicant who is
the keeper of such a shop or storehouse or automobile junkyard within
the Town of West Greenwich which is being acquired under eminent domain
proceedings who is applying for a license within R.I.G.L. § 5-21-1,
as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
A place where one or more unserviceable, discarded, worn-out
or junked automobiles, or bodies, engines, tires, parts or accessories
thereof are gathered together.
No license shall be granted for an automobile junkyard under
this chapter unless:
A.
It is to be operated and maintained entirely within a building; or
B.
It is to be operated and maintained exclusively for the purpose of
salvaging the value as scrap of the material collected, as opposed
to reselling parts to be used for the purpose for which they were
originally manufactured, and is to be located in a built-up commercial
or industrial area, or contiguous to a railroad siding, or on or contiguous
to docking facilities; or
C.
It is:
(1)
More than 600 feet away from any state highway; and
(2)
More than 300 feet from any park, bathing beach, playground, school,
church or cemetery and is not within ordinary view therefrom; and
(3)
More than 300 feet from any Town highway; and
(4)
Screened from view either by natural objects or well-constructed
and properly maintained fences at least six feet high acceptable to
the Town Council and so specified on said license.
In considering the application for any licensee under this chapter,
the Town Council shall consider the character and reputation of the
applicants and the nature and location of the proposed site with reference
to the character of the surrounding neighborhood and the orderly development
of the Town.[1]
All licenses issued hereunder shall expire December 31 next
following the date of issue, and may be suspended or revoked by the
Town Council for cause shown only after a public hearing on complaint
of violations of conditions set forth in these regulations; such hearing
to be held on 10 days' notice by the Council to the licensee and with
opportunity to be heard.
No more than seven licenses for automobile junkyards under this
chapter shall be in effect at any one time.
[Amended 2-12-2020]
Any person carrying on any of the businesses described in this chapter without a license shall be fined not exceeding $200. Any person operating or maintaining an automobile junkyard which violates any of the provisions of § 237-6 of this chapter shall, upon conviction for the first offense, be punished by a fine of not less than $50 nor more than $100; and shall for a second or subsequent conviction be punished by a fine of not less than $100 nor more than $500.
