[HISTORY: Adopted by Common Council of City of North Tonawanda 10-22-1945. Amendment
noted where applicable.]
It shall be unlawful for any person, partnership or corporation
to engage in the motor vehicle salvage business except in strict accordance
with the provisions of this ordinance.
MOTOR VEHICLE SALVAGE BUSINESS — Is hereby defined
as the business of buying or storing motor vehicles unfit for use
on the public highways and the wrecking, demolishing or taking the
same apart and selling or offering for sale or storing used parts
of motor vehicles.
No license shall be granted hereunder until the applicant shall
have paid to the City Treasurer the fee hereinafter required and shall
have filed with the City Clerk a written application therefor containing
the following information on blanks provided by the City Clerk:
A.Â
The
full name and residence of the applicant and, in case of a partnership,
the names and residences of each of the members and, in case of a
corporation, the full names and residences of the officers thereof.
B.Â
The
address and brief description of the premises where the licensed business
is to be carried on.
C.Â
A
complete statement of the character of the proposed business.
D.Â
A
list of the articles and merchandise proposed to be dealt in.
E.Â
Such
information as the Common Council may from time to time require.
The applicant for such a license shall execute and file with
the City Clerk permission for the Police Department and any members
thereof to inspect and search the licensed premises at any reasonable
time.
The power and authority to grant or refuse the license provided
for herein is hereby vested in the Mayor of the City of North Tonawanda
and, in considering the same, he shall take into account the character
and nature of the neighborhood and surrounding property of the premises
upon which it is proposed to conduct such business, the health, safety
and general welfare of the public and the character, reputation of
the applicant in connection with the maintenance and operation of
a business of this character. All licenses issued hereunder shall
expire on the 31st day of December following the date of their issuance
unless sooner revoked for cause or by passage of an ordinance by the
City of North Tonawanda further restricting the motor vehicle salvage
business for which such license shall have been issued.
[Amended 10-22-45]
For the purpose of providing funds for the licensing, regulation
and supervision of the motor vehicle salvage business, a license fee
of $100 per calendar year or for any fractional part of such year
for which license hereunder shall be issued is hereby fixed and established.
All licenses shall be numbered consecutively, and the City Clerk
shall furnish to each licensee a card setting forth his or its name
and the number of such licenses. The City Clerk is hereby authorized
to secure the necessary blanks and cards, and the expense thereof
shall be a charge against the general fund of the city and all moneys
derived from the issuance of such licenses shall be credited to said
general fund.
Each licensee shall furnish to the Chief of Police on the first
day of each month a written report of all motor vehicles purchased
from it during the preceding month, containing a description of such
vehicle, its license number and motor number and the names and addresses
of the sellers and purchasers.
Every motor vehicle salvage yard shall be enclosed by a substantial
solid board fence or equivalent, not less than six feet nor more than
eight feet in height, approved by the City Building Inspector and
maintained in a proper condition of repair. Articles placed in the
salvage yard shall be so piled not to rest against or project over
the enclosure. It shall be unlawful to affix or display or permit
to be affixed or displayed upon such enclosing fence any picture,
sign, bill, notice or other thing for the purpose of advertising.
Such fence shall be kept painted in a uniform color. Any openings
in such fence shall be fitted with gates which shall be kept closed
when not used for ingress or egress to or from the premises.
The automobile salvage business, including the demolition of
automobiles, shall not be conducted on Sunday.
Discarded or other materials shall not be burned on the licensed
premises.
Motor vehicles without state license plates for the current
year shall not be allowed to stand upon any portion of the public
street adjacent to such premises.
The licensed premises shall be open at all reasonable times
for inspection by the Health Department of the city and no nuisance
shall be permitted to exist on such premises.
The several terms and provisions of this section shall be deemed
severable, and if any provision hereof or the application hereof to
any person or circumstances is held invalid, the remainder of the
section and the applicability of such provisions to other persons
and circumstances shall not be affected thereby.
Any person who shall violate any of the provisions of this section
shall be punished by a fine of not less than $25 or by imprisonment
in the county jail for a period of not less than 20 days nor more
than 40 days, or by both such fine and imprisonment, and by the revocation
of his license.
This ordinance shall take effect immediately.
