[HISTORY: Adopted by the City Council of the City of DuBois 7-23-1945 by Ord. No.
725; amended in its entirety 7-24-1995 by Ord. No. 1544 (Ch. 13, Part 4, of the 1995 Code). Subsequent amendments noted
where applicable.]
A.
FARM MACHINERY
JUNK
JUNK DEALER
MOTOR VEHICLE
PERSON
PREMISES
SOLID WASTE
TRAILER
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
All types of machinery and equipment which were originally
manufactured for farm use, which are retained on farm properties,
either as operable equipment or for the purpose of salvaging repair
parts.
Any discarded or salvageable article or material, including,
but not limited to, scrap metal, paper, rags, glass, containers, scrap
wood, motor vehicles, trailers, machinery and equipment, with the
exceptions of farm machinery and mobile homes or house trailers which
are occupied or are properly placed and planned for occupancy.
Any person who buys, sells, salvages, stores or in any way
deals in junk, or who owns, leases, operates or maintains a junkyard
within the City.
All types of automobiles, trucks and tractors, including
self-propelled machinery of all kinds with the exception of farm machinery.
Any natural person, partnership, firm, company, corporation
or other legal entity.
Any parcel of land situated in the City, having a separate
tax map parcel number for county assessment purposes.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Any wheeled vehicles not self-propelled, drawn by a motor
vehicle.
B.
In this chapter, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
No person may operate a junkyard as herein defined within the
City without first obtaining a license as herein described.
A.
Any person desiring to operate a junkyard in the City shall first
make written application to the Director of Public Safety. Such application
shall be in the form established by the City Council and shall set
forth the applicant's name and address, include an accurate description
of the premises on which the junkyard is to be located, including
the county tax map parcel number (s), and a statement that the applicant
will comply with this chapter and any regulations adopted pursuant
to this chapter, and such other information as the City Council may
require.
B.
An application for license under this chapter shall be examined by
the Director of Public Safety and a license issued or denied within
60 days of submission thereto. Examination of the application shall
include consideration of the suitability of the property proposed
to be used for the purpose of the license, the character of nearby
properties, and the effect of the proposed use upon the zoning regulations
of the City. When the application is found in compliance with the
provisions of this chapter, the Director of Public Safety shall issue
a license to the junk dealer applicant for operation of the junkyard
as described in the application.
C.
The required fees shall consist of the application fee, which shall
not be returnable in case of refusal of license, and the annual license
fee, which shall be established pursuant to a resolution of the City
Council. All fees are due, payable to and for the use of the City,
at time of application. The Director of Public Safety may waive the
application fee when issuing renewed licenses. The term of any license
issued under this chapter shall be for one calendar year or portion
thereof and shall terminate on December 31 of the year in which issued.
D.
Licenses issued under this chapter are required to be renewed on
or before January 1 of the year in which it is desired to continue
operations. Such application for renewal must be in writing, in such
form as may be required by the City Council, and accompanied by the
license fee. Renewal applications are subject to complete reexamination
and consideration by the Director of Public Safety for continued compliance
with the terms of this chapter.
E.
No person licensed under this chapter shall, by virtue of one license,
operate more than one business or junkyard within the City. No person
shall engage in business or operate a junkyard at any place other
than the place designated by his license. Licenses are nontransferable,
both as to junk dealer and junkyard premises. The permitted size of
a junkyard shall be fixed at the time of license issuance, with due
regard for the existing and proposed uses of the surrounding area
and properties and shall not be in excess of _____ acres, excluding
setback areas.
A.
The license under which the junkyard is operated shall at all times
be conspicuously posted on the licensed premises, and the operating
requirements as herein provided shall be complied with.
B.
Permanent records of all junk received in or removed from any junkyard
shall be kept by the junk dealer on the premises, containing the name
and address from whom received or to whom delivered, the date thereof,
and a description of the junk. Such records shall be open to inspection
at all reasonable times by the Director of Public Safety and by any
law enforcement officer.
C.
Junkyards and businesses licensed under this chapter may not operate
on Sunday, nor between the hours of _____ p.m. and _____ a.m., except
to remove any wrecked automobile from any public highway.
All junk in junkyards licensed under this chapter shall be stored
as herein provided:
A.
All junk shall be set back at least _____ feet from any adjoining
premises and at least _____ feet from the nearest right-of-way of
any public street, road or highway.
B.
All junk shall be stored and arranged so as to permit access by firefighting
equipment. Junked motor vehicles shall be spaced in rows with at least
_____ feet between double rows; other junk shall be stored in piles
or tiers, which shall be separated by aisles or cleared areas of no
less than 10 feet.
C.
Junk shall be arranged so as to prevent the accumulation of stagnant
water, and shall be stacked to a height of not more than _____ feet
from the ground.
D.
All gasoline and oil shall be drained from junked motor vehicles
within 48 hours of arrival on premises. Such gasoline and oil shall
be stored at only one location on the premises and not more than 100
gallons in the aggregate, in proper containers, may be stored above
ground.
E.
Paper, rags, plastics and similar materials for salvage shall be
stored indoors.
Paper, rags, plastic and similar materials for salvage shall
not be accumulated or remain on the junkyard premises for more than
60 days. Materials separated as solid waste shall not be accumulated
for more than 30 days.
Not more than one motor vehicle or its equivalent may be burned
at any one time. Gasoline, grease, oil, tires or similar materials
which could be dangerous or tend to produce obnoxious smoke or odors
shall not be burned at any time. Any and all burning or melting on
junkyard premises shall be properly attended and controlled at all
times.
Garbage, organic waste, or plain solid waste shall not be received
or stored in any junkyard. Materials designated as solid waste may
be received only as mixed with salvageable materials and shall be
promptly disposed of as herein provided.
Every junk dealer licensed under this chapter shall enclose
and maintain his junkyard as herein provided:
A.
Every junkyard premises shall be completely enclosed by a fence. Such fences shall be set back in accordance with the provisions of § 248-4A, shall be at least _____ feet in height, and shall be of wood or wire with maximum lineal openings of _____ inches. Entrance gates shall be of similar material, well-constructed, and shall be kept securely locked except during business hours. Fencing shall be maintained in good condition throughout its length at all times.
B.
Junkyard premises which have open-wire fence enclosures visible from
an abutting public thoroughfare or from an abutting residential property
within _____ feet of the fence shall have a landscaped screen of trees
and/or shrubs, of varieties capable of attaining a continuous height
of _____ feet within two years, planted along such fence or section
of fence. All required open areas between fence and lot lines of the
premises shall be maintained continuously in good order, free of weeds
and scrub growth.
C.
The area inside the fence and lot lines of any junkyard premises
shall have weeds mowed regularly and not permitted to go to seed.
D.
All junkyard premises shall be maintained in such manner so as not
to cause a public or private nuisance. Nor shall they cause any menace
to the health or safety of persons off the premises. Nor shall they
cause any excessive or offensive or noxious odors or sounds. Nor shall
they cause the breeding, harboring or infesting of rats, rodents or
vermin. Nor shall they be in violation of any health or sanitation
law or ordinance or regulation of any governmental body.
Every junk dealer and junkyard licensed under this chapter is
subject to inspection and regulation as herein provided:
A.
Any member of the City Council or the Director of Public Safety may
at any reasonable time enter upon the premises currently licensed
or for which a license application is pending.
B.
The City Council may, from time to time pursuant to resolution, adopt
regulations to carry out the provisions of this chapter, upon giving
notice to licensees affected by such regulations.
The City Council may waive the setback requirements as established by § 248-4A and the planting requirements as established by § 248-8B for those junkyards in existence at the time of the enactment of this chapter, if such junkyard is in compliance with the other requirements as provided by this chapter and if, in the City Council's discretion, compliance with said setback and planting requirements would cause undue hardship to such existing junkyard.
Junk dealers and junkyards operating and existing in the City
on the effective date of this chapter shall be required to comply
with the provisions of and obtain a license under this chapter within
six months from the effective date. However, an extension of the time
allotted in complying with the terms of this chapter may be granted
at the discretion of the City Council. Such extension shall be for
good reason and shall not exceed six months.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$1,000 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 90 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
