A clean, wholesome, attractive environment is declared to be
of importance to the health and safety of the inhabitants and the
safeguarding of their material rights against unwarrantable invasion
and, in addition, such an environment is deemed essential to the maintenance
and continued development of the economy of the Village and the general
welfare of its citizens. It is further declared that the unrestrained
accumulation of junk motor vehicles is a hazard to such health, safety
and welfare of the citizens of the Village, necessitating the regulation,
restraint and elimination thereof. At the same time, it is recognized
that the maintenance of junkyards, as hereinafter defined, is a useful
and necessary business and ought to be encouraged when not in conflict
with the express purposes of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
JUNKYARD
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles, no longer intended or in condition for legal use on
the public highways, are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or
all of the materials therein, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose.
Such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles; provided,
however, the term "junkyard" shall not be construed to mean an establishment
having facilities for processing iron, steel or nonferrous scrap and
whose principal produce is scrap iron, steel or nonferrous scrap for
sale for remelting purposes only.
MOTOR VEHICLE
All vehicles propelled or drawn by power other than muscular
power, originally intended for use on public highways.
No person shall operate, establish or maintain a junkyard until
he has obtained a license to operate a junkyard business and has obtained
a certificate of approval for the location of such junkyard. The fee
for such license shall be established from time to time by resolution
of the Board of Trustees.
Application for the license and the certificate of approved location shall be made, in writing, to the Board of Trustees of the Village. The application shall be accompanied by a certificate from the Zoning Board of Appeals that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of Chapter
280, Zoning. The application shall contain a description of the land to be included within the junkyard.
For the purposes of this chapter, the location of junkyards already established shall be considered approved by the Board of Trustees of the Village and the owner thereof deemed suitable for the issuance of a license. Within 60 days from the passage of this chapter, however, the owner shall furnish the Board of Trustees the information as to location which is required in an application, together with the license fee, and the Board of Trustees shall issue him a license valid until the next April 1, at which time such owner may apply for renewal as herein provided. Such owner shall comply with all other provisions of this chapter, including the fencing requirements set forth in §
170-7.
Notwithstanding any of the foregoing provisions of this chapter,
no junkyard hereafter established shall be licensed to operate if
such yard or any part thereof shall be within 500 feet of a church,
school, hospital, public building or place of public assembly.
[Amended 6-21-1999 by L.L. No. 5-1999]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable as provided in Article
III, General Penalty, of Chapter
1 of the Code of the Village of Monticello.