This chapter is adopted for the purpose of providing for the
licensing, regulation and control of junk dealers; automobile junk
dealers; operators of automobile wrecking yards; dealers in secondhand
automobiles, secondhand machinery and secondhand appliances; and dealers
in such other secondhand articles and materials as are defined herein,
and shall be designated as the "Junk and Used Materials Regulations."
A clean, wholesome environment is declared to be of importance
to the health and safety of the inhabitants and the safeguarding of
their material rights against unwarranted 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, automobile junk and other secondhand articles can be a hazard
to such health, safety and welfare of the Village and necessitates
the regulation thereof. At the same time, it is recognized that the
maintenance of junkyards, automobile junkyards and establishments
for the purchase and sale of other secondhand articles is a useful
and necessary business and should not be discouraged when not in conflict
with the expressed purposes of this chapter.
The provisions of this chapter shall apply to all persons engaged
in the acquisition of secondhand articles and the storage thereof
in the Village of Sloan with the intent of selling the same, either
in their condition when acquired or as restored, repaired or refinished,
except as follows:
A.
Dealers in authentic antique articles, wholly within a building or
part of a building, regularly operated as a place of business.
B.
A person selling articles acquired by him for his own use and used
by him for a reasonable time before sale.
C.
A person principally engaged in the Village of Sloan in the business
of selling new automobiles, tractors, trailers, trucks, automotive
machinery and construction and farm machinery of a movable character,
whether self-propelled or not, and who acquires such above-named items
secondhand in trade in the bona fide sale of new such items and who
keeps, repairs, if necessary, and offers them for sale.
D.
A person engaged in the Village of Sloan in the business of selling
new household appliances, furniture and fixtures and acquires such
above-named items secondhand in trade in the bona fide sale of new
such items and who keeps, repairs, if necessary, and offers them for
sale secondhand, provided that the sale of such secondhand articles
shall amount to 40% or less of his gross sales.
E.
The sale of secondhand articles for purposes of liquidation, at one
continuing auction, does not come within the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Works of art, furniture, tableware and similar articles which
are of a minimum age of 75 years.
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
motor vehicles, including trucks and trailers, 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.
Unless expressly otherwise stated, a barrier, fence or hedge
at least eight feet high from the existing ground level or of a height
determined by the Board of Trustees to be sufficient to protect the
aesthetic appearance of the Village, free of billboards or other advertising,
of sufficient solidity to withstand storms and snowdrifting and to
prevent access through or over it and of a character to completely
screen from view things on the opposite side thereof; provided, however,
that on that part of any fence paralleling the highway, a sign, not
to exceed eight feet high by 10 feet wide, will be permitted.
Except as herein specifically excluded, any person who acquires
and stores with the intent to sell any used articles of personal property
or keeps the same within the Village of Sloan with the intent to sell
the same either within or without the Village of Sloan, and any person
who sells such used articles in the Village of Sloan and also any
person who maintains a place of business in the Village of Sloan where
such used or secondhand articles are sold, whether or not the wares
sold are within or without the Village.
Any person who, as his principal business, acquires or purchases
and sells or holds or offers for sale used lumber, electric fixtures
or equipment, house fixtures or parts, used plumbing fixtures and
plumbing or heating or ventilating supplies, apparatus and machines,
and stores the same within the Village of Sloan, either with the intent
of selling the same or using the same in building construction work
conducted by him or in which he participates, except building construction
for his own use and on his own property.
Any person who acquires, buys, stores, sells or offers for
sale any used fruit packages or vegetable boxes or containers or any
nature of material, including crates, cases, boxes, casks, barrels,
drums, carboys, demijohns or bottles, including any manner of container,
which has been used for the holding or transporting of any and every
variety of goods or merchandise, including any person who, having
received any such containers carrying merchandise, shall keep or store
the same for sale, exchange or for compensation to be received in
money, goods or services.
Except as provided in § 280-3D, any person who,
other than for purposes of liquidation of estates of which he is the
executor or administrator or of businesses owned or theretofore owned
and operated or theretofore operated by him, shall keep, store, sell
or offer for sale within the Village of Sloan any household appliances,
furniture, fixtures, furnishings or equipment or the furniture or
fixtures or equipment of any business, office, plant or factory, provided
that this does not include the sale of any such furniture, fixtures,
appliances or equipment used by the seller in his own household or
business or office.
Any person who acquires, buys, stores or collects within
the Village of Sloan any variety of old metals, paper or rags or old
or broken-down machinery of any kind with the intent to resell the
same, whether in its original state or after being reduced to scrap
metal.
Any person who acquires, buys, holds or offers for sale,
sells or deals in used automobiles, tractors, trucks or trailers or
other automotive machinery and equipment within the Village of Sloan,
except a person principally engaged in the business of selling new
automobiles, tractors, trailers, trucks and other automotive machinery
within the Village of Sloan as herein provided in § 280-3C.
