[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997
by Ord. No. 97-1461 as Sec. 13.09 of the 1997 Code. Amendments
noted where applicable.]
A.
No person shall keep, conduct or maintain within the
city any building, structure, yard or place for keeping, storing or piling
in commercial quantities, whether temporarily, irregularly or continually,
or for the buying or selling at retail or wholesale or dealing
in any old, used or secondhand materials of any kind, including cloth, rags,
clothing, paper, rubbish, bottles, rubber, iron, brass, copper or other metal,
furniture or other articles which from its worn condition renders it practically
useless for the purpose for which it was made and which is commonly classed
as junk, whether within a fixed place of business or as an itinerant peddler,
without first having obtained and paid for a license as hereinafter provided.
One carrying on the aforesaid business shall be referred to herein as "junk
dealer." Any person who acquires by purchase, gift, trade, by salvage from
buildings or by any other means, and stores, collects or accumulates within
any structure or on any premises in the city, used or secondhand material
of any kind of either metallic or nonmetallic composition for present or future
use, trade or resale, including wrecked cars, trucks or busses or other wrecked
vehicles, and not specifically licensed or permitted under other ordinances
of the city, is considered to be a junk dealer and comes under the provisions
of this chapter.
A.
Every applicant for a license to engage in the business
of junk dealer shall file with the City Clerk a written application upon a
form prepared and provided by him or her, signed by the applicant or applicants.
The application shall contain:
(1)
The names and addresses of the applicant, if an individual,
partnership or firm, or the names of the principal officers and their residences,
if the applicant is an association or corporation.
(2)
The length of time each applicant or applicants, if an
individual, firm or partnership, or the manager or person in charge, if the
applicant is a firm or corporation, has or have resided in the city, his or
her or their places of previous employment, whether married or single, whether
he or she or they, or any of them, have been convicted of a felony or misdemeanor
and, if so, what offense, when and in what court.
(3)
Whether the applicant or applicants or officers or manager
of the applicant has been employed by a junk dealer or has been a junk dealer.
(4)
The detailed nature of the business to be conducted and
the kind of materials to be collected, bought, sold or otherwise handled.
(5)
The premises where such business is to be located or
carried on.
B.
Each application shall contain an agreement that the
applicant accepts the license, if granted, upon the condition that it may
be suspended for cause at any time.
Every application for a license to engage in the business of junk dealer
shall be signed and acknowledged before a notary public or other officer authorized
to administer oaths in the city.
A.
The City Clerk shall report each application to the Chief
of Police, Health Officer, Fire Chief and Building Inspector, who shall inspect
or cause to be inspected such premises to determine whether it complies with
all laws, ordinances, rules and regulations. Said premises and all structures
thereon shall be situated and constructed so that the business of junk dealer
may be carried on in a sanitary manner, shall contain no fire hazards and
shall be arranged so that thorough inspection may be made at any time by the
proper health, fire, building and police authorities.
B.
No building shall be used for the business of junk dealing
unless it shall be of fireproof construction.
C.
The premises upon which the business of junk dealer is
to be carried on shall be enclosed by a proper fence or other structure not
less than eight feet in height, constructed so that no dust or other material
may pass through. The enclosure shall be maintained in good condition at all
times. No article shall be piled so as to protrude above such enclosure. No
signs shall be placed on such fence except one sign designating the business.
The enclosed area shall not exceed the amount of acreage as recommended by
the Plan Commission and approved by the Council.
Every junk dealer shall pay an annual license fee as specified in Chapter 169, License and Permits. All licenses shall be issued as of July 1 and shall continue in force until June 30 next succeeding the date of issuance thereof, unless sooner revoked. Applications shall be submitted to the office of the City Clerk no later than May 1 preceding the license renewal date.
Upon the filing of an application as provided in the preceding section, the Clerk shall, upon approval of such application by the Council and the payment to the city of the license fee, issue to the applicant a license to engage in the business as provided in § 162-1. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junk business, the date of issuance and expiration of the license and the name and address of the licensee. The number of licenses to be issued is hereby limited to three.
A.
Nonconforming use license. The restriction of the number
of licenses to three shall not apply to a nonconforming use license. Upon
application and approval, a nonconforming user license shall be issued to
a nonconforming use, and the face of such license shall indicate that the
license is for a nonconforming use.
B.
Conforming user; waiver of license limitation. Any operator
of a junkyard which has been created prior to the passage of this chapter
and has continuously operated such junkyard since that time, and is located
within a zoning district permitting such use, shall comply with the provisions
of this section and shall apply for a license to operate such junkyard. The
limitation of junkyard licenses to three shall be waived when an operator
is classified under this section.
Every junk dealer licensee shall, at all times, keep the license posted
in a conspicuous place on the premises described in the application for such
license. No person shall post such license upon premises other than those
mentioned in the application, or knowingly deface or destroy any such license.
Each vehicle kept or used by a junk dealer in the exercise of his or
her license shall be marked on both sides with his or her name, the street
and number of the place of business, the words "Junk Dealer" or "Auto Salvage
Dealer" or "Salvage Dealer" and "Franklin, Wisconsin," and the number corresponding
to the number of his or her license in plain letters and figures at least
two inches high and of such color as to be plainly read at a distance of 60
feet. Every licensed dealer shall have and keep a sign on the outside and
in the front of each of his or her or its places of business, on which shall
be clearly set forth in conspicuous letters his or her or its name, the words "Junk
Dealer" or "Auto Salvage" or "Salvage dealer" and the number corresponding
to the number of his or her or its license.
Every junk dealer's license shall designate the place of business in or from which the junk dealer shall be authorized to carry on such business. No licensee shall remove his or her or its place of business from the place designated in the license until a written permit has been secured from the city and the same shall have been endorsed upon the license. All signs required by § 162-8 shall be altered to contain the new address.
A.
No junk dealer shall carry on the business at or from
any other place than the one designated in the license therefor; nor shall
the business be carried on after the license has been revoked or has expired.
B.
No junk dealer shall make any purchase from any person
or receive any articles between the setting of the sun and 7:00 a.m. in the
morning.
C.
The contents of the premises of every junk dealer shall
be arranged in an orderly manner with all similar things located so as to
facilitate inspection by the proper authorities. The premises of every junk
dealer shall be subject to inspection by the proper city authorities at any
time.
The Health Officer shall formulate reasonable rules and regulations
relating to the conduct of the business of junk dealing which shall protect
the health of the community. No junk dealer shall violate any such rule or
regulation.
No person shall knowingly buy, sell, receive, dispose of, conceal or
have in his or her possession any motor vehicle, part or accessory from which
the manufacturer's serial number or any other number or identification
mark has been removed, defaced, covered or altered or destroyed for the purpose
of concealing or misrepresenting the identity of such vehicle, part or accessory.
Every person to whom is offered for sale, storage or wreckage any motor vehicle,
part or accessory from which has been removed, defaced, covered, altered or
destroyed the manufacturer's serial number or any other number or identification
mark shall immediately notify the Chief of Police of such offer.
If any goods, articles or things whatsoever shall be advertised in any
newspaper printed in the city as having been lost or stolen, and the same
or any answering the description advertised or any part or portion thereof
shall be or come into possession of any junk dealer or peddler, he or she
shall give information thereof, in writing, to the Chief of Police, and state
from whom the same was received. If any goods, articles or things whatsoever
shall be advertised in any newspaper printed in the city as having been lost
or stolen, and the same answering the description advertised or any part or
portion thereof shall be or come into possession of any junk dealer or peddler,
he or she shall give information thereof, in writing, to the Chief of Police,
and state from whom the same was received. Any junk dealer or peddler who
has or receives any goods, articles or things lost or stolen, or alleged or
supposed to have been lost or stolen, shall exhibit the same on demand to
any police officer or to the Mayor, Chief of Police or any magistrate or any
person duly authorized, in writing, by the Chief of Police, who shall exhibit
the authorization to the dealer or peddler.
A.
Upon complaint being made, in writing, by any city official
or resident of the city to the City Clerk that any licensee has violated any
of the provisions of this chapter, the City Clerk shall present such complaint
to the Council in order that the proper committee may pass judgment thereon
with possibility of revoking the license.
B.
Whenever any license shall be so revoked, no refund or
any unearned portion of the fee therefor shall be made, and no license shall
be granted to any person whose license has been so revoked within a period
of one year from the date of such revocation. Notice of revocation and the
reasons therefor, in writing, shall be served by the City Clerk upon the licensee
by mailing the same to the address given in the application. A copy of this
notice shall be filed in the office of the City Clerk.
