Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Johnston 12-10-1979 by Ord. No. 440 as Secs. 5-8 to 5-18 of the 1979 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Business license fees — See Ch. 125, Art. IV.
Licensing — See Ch. 204.
Storage of tires — See Ch. 313.
Abandoned vehicles — See Ch. 325.
Zoning — See Ch. 340.
No person shall carry on any of the businesses for which a license fee is provided in § 199-4 without first obtaining such license from the Town Council.
[Added 11-12-1985 by Ord. No. 593]
The Town Council is hereby authorized to issue a maximum number of 20 junkyard and automobile junkyard licenses combined. No additional licenses shall be issued until one of the authorized licenses is surrendered to the Town or revoked by the Town Council.
The Town Council may issue and revoke, at pleasure, licenses to all persons selling, purchasing, bartering and dealing in junk, old metals, and any other secondhand articles, and to all persons establishing, operating or maintaining automobile junkyards, for a term of not exceeding one year, and may impose such conditions and restrictions upon the license as the Town Council may deem necessary.
[Amended 5-29-1991 by Ord. No. 838; 6-14-2004 by Ord. No. 2004-9]
The license fees for secondhand dealers; automobile junkyards; foundrymen or other persons receiving old metals for the purpose of milling the same or converting the same into casting; and persons gathering junk or old metals in any bag, wagon, or cart, shall be as set forth in Chapter 125, Business Operations, Article IV.
[Added 3-8-2010 by Ord. No. 2010-6]
Each person purchasing or receiving old or used metals other than junked automobiles or automobile parts shall maintain a record of each purchase or receipt. The record shall include the date of the transaction, the name, address, telephone number and signature of the person from whom the old or used metals are purchased or received, a description of the old or used metals, and the price paid for the old or used metals. The records so kept shall be at the request of law enforcement officials.
Notwithstanding the provisions of any other section of this Code to the contrary, no person shall be granted a license to conduct an automobile junkyard business, or for a business concerned with the storing of old metals and junk upon any land located within the Town, unless, at the time of the filing of the application for the license to conduct such business, the land in question shall be located in an area which is properly zoned for the conduct of such business.
[1]
Editor's Note: See Ch. 340, Zoning.
[Amended 6-4-2004 by Ord. No. 2004-9]
The Town Council, before granting a license under this article 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 such hearing, in not less than two public places in the Town, and in a newspaper of general circulation in the Town wherein such shop, storehouse or junkyard is to be established, operated or maintained; provided, however, that before the local licensing authority shall post or publish notice of a hearing, it shall collect from the applicant for such license the cost of posting and publishing the notice.
No license shall be granted under this article 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, which is being acquired under eminent domain proceedings, who is applying for licensing within R.I.G.L. § 5-21-1, within the Town.
Any person failing to secure a license required by § 199-1 shall be punished by a fine not exceeding $500 or imprisonment not exceeding six months for any one offense. Each day of continued violation shall constitute a separate offense.
[Added 11-12-1985 by Ord. No. 595]
A. 
Any person guilty of an act punishable under R.I.G.L. § 5-21-5 or under § 199-8 of this chapter shall automatically forfeit his license to operate in the Town and shall immediately upon conviction surrender his license to the Town Clerk.
B. 
Failure of the guilty licensee to surrender his license as required by this section shall be punished by a fine not exceeding $500 or imprisonment not exceeding six months. Each day he shall fail to surrender his license shall constitute a separate offense.
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE JUNKYARD
A place where one or more unserviceable, discarded, worn out or junked automobiles, or bodies, engines, tires, parts or accessories thereof, are gathered together.
A. 
Notwithstanding any other provision of this article except § 199-13, it shall be a misdemeanor to operate or maintain an automobile junkyard unless:
(1) 
It is to be operated and maintained entirely within a building; or unless
(2) 
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 unless
(3) 
It is:
(a) 
More than 600 feet from any state highway; and
(b) 
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
(c) 
Is screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high.
B. 
It shall be the duty of the state police and the police of the Town to enforce this section, and any person violating this section shall, upon conviction for the first offense, be punished by a fine of not less than $50 nor more than $100, or by imprisonment for not less than 10 days nor more than 30 days, or by both such fine and imprisonment, and shall for a second or subsequent conviction be fined not less than $100 nor more than $500, or by imprisonment for not less than 30 days nor more than six months, or by both such fine and imprisonment.
No license shall be granted for an automobile junkyard under this article unless:
A. 
It is to be operated and maintained entirely within a building; or unless
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 unless
C. 
It is:
(1) 
More than 300 feet 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) 
Screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high acceptable to the Town and so specified on the license.
D. 
Any and all automobile junkyards as described in § 199-10, including any automobile salvage yards as described in Subsection B of this section, shall further comply with the fire prevention regulations as set forth in § 172-40 of Article VII entitled “Automobile Junkyards and Salvage Yards.”
[Added 1-11-2010 by Ord. No. 2008-20]
[Amended 6-14-2004 by Ord. No. 2004-9]
The provisions of Subsections A, B and C(1) of § 199-12 and Subsection A(3)(b) of § 199-11 shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to § 199-1 of this chapter and R.I.G.L. § 5-21-4 et seq. on the date of passage of this chapter.[1]
[1]
Editor's Note: The ordinance from which this section derives was passed on November 8, 1965.