[HISTORY: Adopted by the Township Board of the Township of
Putnam 3-8-1960 by Ord. No. 1; readopted at time of adoption of Code
(see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
The purpose of this chapter is to license and regulate junkyards
and places for dismantling of automobiles, to prescribes rules, regulations,
and conditions for the operation of the same, to provide penalties
for the violation of any rule, regulation, or condition contained
therein, and to provide penalty for the operation of same without
license.
As used in this chapter, the following terms shall have the
meanings indicated:
Any lot, field, enclosure or building wherein the business
of collecting iron, brass, copper, lead, zinc, rags, paper, or other
material shall be made for the purpose of resale or storage.
Any used car lot, garage, lot, field, enclosure, building
or any other place where the business of dismantling of automobiles
is carried on or where parts are taken from automobiles and sold or
stored; provided, this shall not mean to apply to garages or other
places where automobiles are repaired.
The fee for operating any junkyard or place for the dismantling
of automobiles shall be $20 per year or $12 for each half year.
A.
Any person, firm, association or corporation who shall desire to
engage in the operation of a junkyard or place for dismantling of
automobiles shall petition the Township Board for license to operate
the same, and such petition shall state which business they shall
engage in and such other information that shall enable the Board to
determine whether such license shall be granted, and shall be signed
by such persons, firm, association, or corporation.
B.
Attached to the above petition there shall be a petition signed by
80% of all the property owners within a radius of 80 rods from where
such business shall be engaged in, plus 1/2 mile along the main highway,
wherein such signers of the petition shall give such person, firm,
association or corporation permission to set up and establish such
business at the location stated. All the signers of the above petition
shall state the legal description of the property of which they are
owners.
C.
Upon filing of a petition signed by 80% of all the property owners
within a radius of 80 rods plus 1/2 mile along main highway of any
junkyard or place for dismantling of automobiles, stating that they
wish such a business removed, or upon a resolution of the Township
Board, it shall be a duty of the Township Clerk to call a public hearing
for the purpose of hearing the issues involved. If after hearing the
Board shall decide that there is a just cause, they shall by resolution
revoke the license of such business. All hearings called under this
chapter shall be held at the Town Hall. Notices given by the Township
Clerk shall state the time and place of such hearing. One copy shall
be given to the proprietor of such business, one copy to the first
signer of the petition, and three copies shall be posted throughout
the Township.
Any person, firm, association or corporation who shall be granted
a license to operate any junkyard or place for the dismantling of
automobiles, shall conduct their business by the following rules:
A.
The premises where such a business shall be established shall be
100 feet back from center of the highway and entirely enclosed by
a board fence at least eight feet high. The boards of such fence shall
be placed in a vertical position and in close order. It shall be kept
in repair and shall be painted. Any gate or opening shall be kept
closed except when in actual use.
B.
Any material which is of combustible nature shall be stored as to
prevent fire. Any combustible material not intended for use shall
be disposed of. If material
is burned, a suitable retainer shall be used and it shall be kept
under control at all times. No fire shall be allowed to continue without
an attendant.
The Supervisor of Putnam Township shall be the enforcement officer
of this chapter.
A.
Any person, firm, association, or corporation operating any junkyard
or place for dismantling of automobile at the time of the adoption
of this chapter shall have 60 days to comply with the provisions herein.
B.
Any person, firm, association, or corporation who shall decide to
vacate their place of business, or who shall have their license revoked,
shall have 30 days to clean up the premises where such business was
established. Failing to comply with the provisions, the Township Board
shall cause such premises to be cleaned up and shall collect the cost
of such from such person, firm, association or corporation of any
member thereof.
Any firm, person, association, or corporation who shall violate
any rule, regulation, or condition of this chapter or shall operate
the same without a license shall upon conviction thereof forfeit a
sum not to exceed $100 together with the cost of prosecution or be
imprisoned in the county jail for a period of not more than 90 days,
or both such fine and imprisonment, in the discretion of the court.
Any person, firm, or corporation, or his or its employees, agents or officers who shall operate a junkyard or a place for the dismantling of automobiles in violation of the terms and provisions of this chapter, shall be guilty of maintaining a public nuisance and shall be guilty of misdemeanor and shall be punished as provided in § 196-8 hereof. This continuance of such public nuisance as hereinbefore referred to shall constitute a nuisance per se and the same may be restrained by proceedings in the Circuit Court for the County of Livingston, State of Michigan, in chancery, upon complaint of the Supervisor and Clerk of Putnam Township and the institution of such proceedings shall not be a bar to the arrest, prosecution and conviction of any person, firm, or corporation violating the terms and provisions of this chapter or any suit to recover such penalty in an action at law.
