Charter Township of Midland, MI
Midland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Township Board of the Charter Township of Midland 9-6-1979 by Ord. No. 23. Amendments noted where applicable.]
This chapter shall be known and cited as the "Junkyard Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
Any establishment or premises where worn-out or discarded material is bought, kept, or where motor or other vehicles are dismantled, sold and/or stored; or any premises upon which two or more unlicensed used motor vehicles which cannot be operated under their own power are kept or stored for a period of 15 days or more shall be deemed to be a "junkyard" within the meaning of this chapter.
Any one or more natural persons, firms, copartnerships, corporations and all associations of natural persons incorporated or unincorporated, whether acting by themselves or by servant, agent or employee. All persons who violate the terms of this chapter, whether as owner, or as agent, servant or employee, shall be equally liable as principals.
Any and all and every person engaged in the operation of a junkyard or junkyards within the Township of Midland, Midland County, Michigan, shall be required to obtain a license for each and every location of such business within said Township and shall be subject to the conditions, terms and operational regulations hereinafter provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The license fee shall be in the amount of $25 for each junkyard maintained or operated, and the license shall extend for a period of one year unless revoked for failure to comply with the terms under which it was granted and the terms of these regulations.
Applications for a junkyard license shall be in writing and directed to the Township Clerk. The application shall contain the names and addresses of all persons interested in the operation and ownership of the junkyard. The application shall contain a statement that the applicant will abide by the terms and rules of this chapter and regulation if granted a license.
Upon receipt of an application for a junkyard license by the Township Clerk, such application shall be referred to the Township Board. Upon receipt of the application by the Township Board, the Township shall direct that Township Supervisor to make a full and complete investigation of the applicant and the site where the applicant proposes to conduct the junkyard business. The Supervisor shall report the results of his investigation to the Township Board within 15 days from the date the application is received. The Township Board shall thereupon at the next regular meeting or special meeting called therefor act upon the application.
The operation of a junkyard shall comply with the following regulations and conditions:
No junkyard shall be operated or used in such a manner so as to create a nuisance by reason of noise, disagreeable odors, fumes, filth or loose debris.
The junkyard shall not be operated so that the air of any property owner in the vicinity is polluted by the burning of rubber or other substances.
All junkyards shall be completely and suitably screened or fenced from view of any public street or highway, and no junk shall be placed as to be openly visible from any public street or highway.
The licensee shall, at least once each month, prepare and mail to the Commissioner of the State Police at East Lansing, Michigan, a sworn statement of all purchases made by said licensee.
All persons having a license under this chapter shall comply with all the rules, regulations and laws of the State of Michigan, or other governmental regulations relating to the operation of their business.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter regulating the licensing or the operation of junkyards, or failing to comply with its requirements, shall, upon conviction, be punished by a fine not exceeding $100 or by imprisonment of not more than 90 days in the county jail, or both, at the discretion of the court. Upon conviction of any person failing to comply with the terms of this regulation, the Township Board shall revoke the junkyard license held by such convicted person, and such a person shall not be granted a license to maintain and operate a junkyard in the said Township for a period of two years. In addition, the Township specifically reserves the right and shall have the authority to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this chapter.