City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 12.06 and 12.30 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 155.
Nuisances — See Ch. 227.
Sales — See Ch. 254.
Solid waste — See Ch. 265.

§ 193-1 Definitions.

The following terms as used in this chapter shall be construed as follows:
JUNK
Any old, used or secondhand materials of any kind, including cloth, clothing, rags, bags, papers, rubbish, bottles, glassware, crockery, rubber, iron, brass, copper, other ferrous and nonferrous metals, furniture, fixtures, plumbing materials, waste materials, used motor vehicles or any of the parts thereof or any other article or thing which from its worn condition renders it practically useless for the purpose for which it was made and which is commonly classed as junk. See also § 84.31(2)(e), Wis. Stats.[1]
JUNK BUSINESS
Includes a junk collector, junk dealer or junkyard.
JUNK COLLECTOR
Any person who collects, buys, gathers or sells junk.
JUNK DEALER
A person who engages in, keeps, conducts or carries on a business for the buying or selling at retail or wholesale, dealing in, accumulating, gathering, collecting, delivering, keeping, sorting or piling in commercial quantities, whether temporarily, irregularly or continually, of junk, whether or not any building, structure, enclosure, yard or place therefor is maintained as a principal place of business.
JUNK MERCHANT
The operator or owner of any junk business.
JUNKYARD
Any building, structure, enclosure, yard or place for keeping, storing, accumulating or piling in commercial quantities, whether temporarily, irregularly or continually, of any junk.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 193-2 License required; fee; expiration. [1]

A. 
Required. In addition to any other license required by state law, no person shall, within the City, conduct, maintain or engage in the business of junk collector or junk dealer or keep, conduct or maintain any junkyard without first having obtained and paid for a license as herein provided.
(1) 
A separate license shall be required:
(a) 
For each person as a junk collector;
(b) 
For each person as a junk dealer; and
(c) 
For each junkyard maintained on separate premises.
(2) 
Every licensee shall be entitled to have, keep and operate one vehicle in connection with the licensed business for the purpose of collecting, hauling or transporting junk in the City.
B. 
Fee; expiration. The license fee shall be as set by the Common Council, and every license shall expire on June 30. There shall be paid an additional fee as set by the Common Council for each additional vehicle used in and about the business.[2]
[2]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 193-3 Application for license.

A. 
A written application shall be filed with the City Clerk upon the forms furnished by the City Clerk and sworn to by the applicant setting forth the following information:[1]
(1) 
The name and residence of the applicant, if an individual, firm or partnership, or the manager or person in charge if the applicant is a corporation or association; if not a resident, whether the applicant has resided in the City; his or their places of previous employment; and whether he or they or any of them have been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
(2) 
Whether the applicant or applicants or officer or manager of the applicant had been employed by anyone engaged in the junk business or had been engaged in the junk business.
(3) 
The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold or otherwise handled.
(4) 
The premises where such business is to be located or carried on.
(5) 
The description of any vehicle to be used in the business, setting forth the make, model, year, engine number and the registration number.
(6) 
If required by the state, a copy of the applicant's current Wisconsin Seller's Permit shall be provided.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
All applicants shall at the time of filing the application submit to fingerprinting at the Police Department.

§ 193-4 Inspection and investigation.

A. 
Upon receipt of each application the City Clerk shall refer the same to the Chief of Police, Chief of the Fire Department, Health Officer and Building Inspector who shall inspect or cause to be inspected the premises to determine whether it complies with all the laws, ordinances, rules and regulations and cause the investigation of the applicant's business and moral character as deemed necessary for the protection of the public interest.
B. 
The premises and all structures thereon shall be so situated and constructed that the junk business may be carried on in a sanitary condition, shall contain no fire hazards and shall be so arranged that thorough inspection may be made at any time by the proper police, fire, health and building authorities.

§ 193-5 Bond. [1]

Each application shall be accompanied by a bond to the City, approved as to form by the City Attorney, in the penal sum of $1,000, with a surety or sureties or collateral security approved by the City Treasurer, conditioned for the due observance during the time of the license of all laws, ordinances, rules and regulations which are now in force or may hereafter be adopted by duly constituted authorities applicable to junk dealing.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 193-6 Issuance of license and restrictions.

A. 
Issuance. The results of the inspection and investigation shall be forwarded to the Committee of the Whole, which shall make a recommendation to approve or deny the license to the Common Council. The Common Council may impose operating conditions in addition to those specified herein. Upon Common Council action to approve the license, the City Clerk shall issue the license to the applicant. All licenses shall be numbered and shall state the dates of issuance and expiration, the name and address of the licensee, the specific premises of the location of the junk business, and any additional conditions imposed by the Council. No license may be issued in violation of state law provisions governing junkyards or junk businesses.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Denial or refusal of license. If the Common Council denies the license, it shall state specific reasons therefor.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Reapplication restricted. No applicant to whom a license has been denied or refused shall make further application until at least three months shall have elapsed since the last previous denial or rejection unless it can be shown that the reason for such denial or rejection no longer exists.
D. 
Persons convicted of a felony. No license for any junk business shall be granted to any person who shall have been convicted within two years of the date of application of a violation of the provisions of this chapter, or convicted within three years of the date of the application of a felony or misdemeanor, subject to the provisions of Subchapter II of Ch. 111, Wis. Stats.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Location restricted. No premises shall be used for carrying on any junk business when more than 10 buildings situated within a distance of 1,000 feet are used solely for residence purposes, or in violation of § 84.31, Wis. Stats.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 193-7 Display of license; signs; duplicate license.

A. 
Displaying license. Every licensee shall at all times keep the license posted while in force in a conspicuous place on the premises described in the application for such license. No person shall post such license or be permitted to post the same upon premises other than those mentioned in the application or knowingly deface or destroy such license.
B. 
Signs.
(1) 
On licensed premises. Every licensee shall have and keep a sign on the outside and in front of each place of business on which shall be clearly set forth in conspicuous letters the name, the words "Junk Dealer," and the number corresponding to the number of the license.
(2) 
On vehicles. Every vehicle kept, operated or used by a licensee in the exercise of his license for junk business shall be marked on both sides with the name, the street and number of the place of business, the words "Junk Dealer" and "Burlington Wisconsin," and the number corresponding to the number of the 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.
C. 
Lost or destroyed license; duplicate. Whenever a license shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate license in lieu thereof under the original application and bond shall be issued by the City Clerk upon the filing of an affidavit setting forth the circumstances of the loss or destruction and upon the payment of the sum as set by the Common Council.

§ 193-8 Business regulations.

A. 
Restrictions.
(1) 
License designates place of business. Each license shall designate the place of business or from which a licensee in the junk business shall be authorized to carry on and conduct such business, and no licensee shall carry on or conduct the business at or from any other place than the one designated in the license therefor. No junk business shall be carried on after a license has been revoked or has expired. No licensee shall remove the place of business from the place designated in the license until a reapplication has been made and a written permit so to do has been endorsed upon the license by the City Clerk.
(2) 
Fence required. Each of 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 seven feet in height, constructed so that no dust or other material may pass through. Said enclosure shall be maintained in good condition at all times. No articles shall be piled so as to protrude above said enclosure.
(3) 
Building to be fireproof. No building shall be used for the business of junk dealing unless it shall be of fireproof construction.
(4) 
Inspection of premises. The contents of the premises of every junk dealer shall be arranged in an orderly manner with all similar things located together so as to facilitate inspection by the proper authorities. The premises of every junk dealer shall be subject to inspection by the proper municipal authorities at any time.
(5) 
Articles. No junk dealer shall make any purchase from any person or receive any article between the setting of the sun and 7:00 a.m. No such dealer shall purchase or acquire from any person under the age of 18 years any junk, other than old rags or wastepaper, without the written consent of a parent or guardian, nor shall any item be acquired from any intoxicated person.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Articles to be retained two days. All articles received shall be retained within the City for at least two days before disposal. This provision shall not apply to any old rags or wastepaper.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Records and reports.
(1) 
Contents. Each junk merchant shall keep, in such form as the Chief of Police may prescribe, and written in ink or indelible pencil, a daily record, in the English language, of articles purchased, including an accurate description, the name and residence of the person, if any, and the day and the hour of such purchase and the price paid.
(2) 
Police inspection. The records shall at all reasonable hours be open to the inspection of any magistrate, the Mayor, Chief of Police, any police officer or any person duly authorized in writing for such purpose by any magistrate, the Mayor, or the Chief of Police, who shall exhibit such authorization to the junk merchant, his agent, or employee. No entry in such records shall be changed, erased, or obliterated or defaced.
C. 
Police may require reports. Every junk dealer, upon being served with a written notice to do so by a member of the Police Department, shall report to the Chief of Police, on blank forms to be furnished by the Police Department, an accurate description of all goods, articles or things purchased or received by him in the course of business of a junk merchant at such time and during such period of time specified in the notice, stating the amount paid for and the name, residence and general description of the person from whom such goods, articles or things were received.

§ 193-9 Motor vehicles.

A. 
Record. Each junk merchant shall, in the case of a motor vehicle or parts thereof, keep, in addition to the record required to be kept by § 193-8B, a complete description of the purchase, which shall include the manufacturer's name, style of body, model and color. The record shall also include the vehicle identification number, signed title or a seized/abandoned/unregistered vehicle transfer certificate and any other serial number.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Report of motor vehicle purchases. Every licensee handling junk motor vehicles or parts thereof shall keep a record of all motor vehicles, parts and accessories that come into his or its possession. This list shall be supplied to the Chief of Police or his designee within 24 hours of any additions, except Sunday, where it shall be reported on the following business day. The Chief of Police or his designee shall cause a record to be kept of all such reports, showing the date and time each report is received, the licensee making the report and his address.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Destroying identity of motor vehicles prohibited. No licensee, either acting for himself or itself or by or through his or its agents or employees, shall wreck, tear down, paint or otherwise destroy the identity of or dispose of or allow to be taken out of his possession any secondhand motor vehicle, part or accessory purchased or otherwise secured by or left for sale with him or it until 24 hours after the report provided for above has been made to the Chief of Police.
(1) 
Special permit. The Chief of Police, may, however, after proper report is made to him, grant a special permit to a licensee permitting a secondhand vehicle, part or accessory in such special permit properly described to be sold or disposed of and delivered to another when the Chief of Police has investigated and determined that there is no question as to the ownership of such secondhand motor vehicle, part or accessory.
(2) 
Purchase where number defaced. No person shall knowingly buy, sell, or receive, dispose of, conceal or have in his 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, altered or destroyed for the purpose of concealing or misrepresenting the identity of such vehicle, part or accessory.
(3) 
Duty to report. 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.

§ 193-10 Stolen goods.

A. 
Report to police. If any goods, articles or things shall be advertised in any newspaper published 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 in or come into the possession of any junk merchant, prior to being advertised or sold, information thereof shall be given in writing by such junk merchant to the Chief of Police and shall state from whom the article was received.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Goods to be exhibited on demand. Any junk merchant who shall have or receive any goods, articles or things stolen, lost or alleged or supposed to have been lost or stolen shall exhibit the same on demand to any magistrate, the Mayor, Chief of Police, any police officer, or any person duly authorized in writing by any magistrate or the Mayor or Chief of Police, who shall exhibit such authorization to such junk merchant.

§ 193-11 Suspension and revocation.

A. 
Any license issued under the provisions of this chapter may be suspended for a period not to exceed 10 days or revoked by the Common Council if the Council receives a signed municipal official or citizen complaint and, after notice and hearing, the Council finds that the licensee is guilty of any of the following:[1]
(1) 
Fraud, misrepresentation or incorrect statement made in the course of carrying on the junk business.
(2) 
Any violation of this chapter.
(3) 
Conviction of a state or federal crime materially related to the conduct of business under this chapter.
(4) 
Conducting the licensed business in an unlawful manner or in such a manner as to constitute an offense or a threat to the health, safety or general welfare of the public.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Hearing. Upon complaint being made in writing by any municipal official or resident of the City filed with the City Clerk that the licensee has violated any of the provisions of this chapter, notice of hearing to show cause why the license should not be revoked shall be given by the City Clerk. Such notice shall set forth specifically the grounds of complaint and the time and place of hearing and shall be mailed, postage prepaid, by certified mail with return receipt requested, addressed to the licensee at his last known address, at least five days prior to the date set for hearing or shall be delivered by a police officer in the manner provided for the service of a summons at least three days prior to the date set for the hearing.

§ 193-12 Violations and penalties.

In addition to the suspension or revocation of any license or permit issued under this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.