[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
