[HISTORY: Adopted by the Town Council of the Town of Lincoln as §§ 11-1-1 through 11-1-11 of the 1972 Code (Ch. 11, Art. IV, of the 1990 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Flea markets — See Ch. 126.
Licenses and business regulations — See Ch. 161.
Peddling — See Ch. 187.
Zoning — See Ch. 260.
STATE LAW REFERENCES
Authority to license secondhand dealers — See R.I.G.L. § 5-21-1 et seq.
Junkyard Control Act — See R.I.G.L. § 24-14-1 et seq.
Automobile wrecking and salvage yards — See R.I.G.L. § 42-14.2-1 et seq.
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.
The provisions of § 155-9A, B and C(1) and (2) shall not apply to any automobile junkyard in existence on May 6, 1966, and having a valid license issued pursuant to R.I.G.L. § 5-21-1.
Any person carrying on any business coming under the provisions of this chapter without a license shall be fined not exceeding $500 or imprisoned not exceeding six months for any one offense.
Nothing contained in this chapter shall be construed or deemed to permit the Town Council to authorize the establishment of any business coming under the provisions of this chapter which is not permitted under Chapter 260, Zoning, of the Code of the Town of Lincoln. The Town Council shall not entertain any application for any license under the provisions of this chapter in any location where such business would be prohibited under the provisions of Chapter 260, Zoning. Where any such business is not permitted under Chapter 260, Zoning, the applicant must first obtain a variance or exception from the Zoning Board of Review prior to application to the Town Council for such license.
No person shall sell, purchase, barter or deal in junk, old metals, or any other secondhand articles and no person shall establish, operate or maintain an automobile junkyard within the Town without having first obtained a license as provided in this article.
Application for a license required by the provisions of this article shall be made in writing to the Town Clerk setting forth the name of the applicant, the name of the person who will operate the business if different from the applicant, the nature and scope of the business proposed, and a plan of the property where such business is to be located and conducted including a sketch of the properties of abutting landowners within 200 feet, each to be identified by plat and lot number, and the names of the owners of the property.
The Town Council shall hold a public hearing on any application for a license under the provisions of this article in any location not lawfully occupied for such purpose at the time of the application for such license. Notice of such public hearing shall be posted at least seven days but not more than 14 days prior to said hearing in not fewer than two public places in the Town and in a newspaper of general circulation in the area where such shop, storehouse or junkyard is to be established, operated or maintained; provided, however, that before the Town Council shall post or publish notice of a hearing the applicant shall deposit the sum of $10 with the Town Clerk plus the cost of posting and publishing such notice.
No license shall be granted under the provisions of 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 by eminent domain proceedings, who is applying for a license to relocate such business within the Town.
The Town Council shall not grant a license for an automobile junkyard unless:
A. 
It is to be operated and maintained entirely within a building;
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;
C. 
It is:
(1) 
More than 600 feet from any state highway;
(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 Council and specified on any license which may be granted.
A license, if granted under the provisions of this article by the Town Council, shall be for a period not exceeding one year and all such licenses shall expire on the 31st day of December. Before issuing any licenses that may be granted by the Town Council, the Town Clerk shall collect the following fees:
A. 
Twenty-five dollars for the keeper of a shop or storehouse for the reception of any junk, old metals, or other secondhand articles which is not an automobile junkyard.
B. 
Five dollars for any foundryman or other person receiving the same for the purpose of melting the same or converting the same into castings.
C. 
Five dollars for any gatherer of the same in any bag, wagon or cart.
D. 
One hundred dollars for any person establishing, operating or maintaining an automobile junkyard.
A. 
Notwithstanding any other provisions of this chapter except § 155-2, 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;
(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;
(3) 
It is:
(a) 
More than 600 feet from any state highway;
(b) 
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
(c) 
Screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high.
B. 
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.