[Code 1971, § 16-58]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
JUNK, SECONDHAND MATERIALS, AND USED MATERIAL
Used or secondhand material or used material of any kind,
including rags, paper, rubbish, bottles, glassware, crockery, bags,
cloth, rubber, tin, steel, iron, brass, copper, silver, clothing,
furniture, used motor vehicles or the parts thereof; any repaired,
reconstructed, renewed, renovated, partly ruined or damaged materials,
merchandise, or personal property; and including secondhand materials
and articles of every kind and character. The holding or storing or
depositing of any of the materials described in this definition in
order that they may be treated or prepared so as to be used again
in some form shall be a violation of this article, unless the licensee
requirements stated in this article are complied with.
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, or 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 such materials, 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. The term
"junkyard" shall also mean an establishment having facilities for
processing iron, steel, or nonferrous scrap, and whose principal products
are scrap, iron, steel, or nonferrous scrap for sale, resale, melting,
remelting, or other purposes.
MOTOR VEHICLES
All vehicles propelled or drawn by power other than muscular
power originally intended for use on public highways.
[Code 1971, § 16-59]
The licensee under this article must personally manage or be
responsible for the management of the activity or business for which
the license is granted.
[Code 1971, § 16-60]
The licensee under this article must maintain an office and
a sufficient number of employees on the premises to assure the proper
and safe conduct of such activity or business, to minimize the fire
hazard therefrom, and to prevent improper trespass thereon by children
and others.
[Code 1971, § 16-62]
The area of the licensee's activity or business shall not
be used as a dump area or as a place for the burning and disposal
of junk or trash.
[Code 1971, § 16-64]
Adequate fire extinguishers shall be maintained. Each fire extinguisher
shall be hung or mounted in a conspicuous place, clearly marked and
available.
[Code 1971, § 16-65]
The City Police, the City Clerk, the Common Council, or any
of its representatives shall be granted access to the area of the
activity or business of the licensee under this article at all reasonable
hours to inspect the area for compliance with this article.
[Code 1971, § 16-72]
It shall be unlawful for any person to engage in or conduct
on real property within the City limits, either for himself and/or
on behalf of any other person, directly or indirectly, as agent, employee,
or otherwise, any activity or business, either for profit or otherwise,
at wholesale or retail, which involves the collection, storage, burning,
dumping, disassembling, dismantling, salvaging, sorting, or otherwise
handling for sale, resale, storage, or disposal of any materials without
first having procured a license from the City Clerk.
[Code 1971, § 16-74]
Before the application shall be approved and a license issued
under this division, the applicant shall file with the City Clerk
a bond payable to the City, approved as to form by the City Attorney,
in the penal sum of $500, with sufficient collateral security, conditioned
for the observance during the term of the license of any and all ordinances
which are now in force or may hereafter be adopted by the Common Council
respecting the collection of, buying, selling, or otherwise dealing
in the articles enumerated in this article.
[Code 1971, § 16-75]
All applications for licenses under this division for junkyards
or junk shops or any annual renewals thereof shall be made to the
City Clerk who shall, before any licenses are issued, cause an investigation
to be made of the applicant and an inspection to be made of the premises
involved.
[Code 1971, § 16-77]
Within two weeks following the public hearing under this division,
the Common Council must make a finding as to whether or not the application
will be granted, give notice of its finding to the applicant by mail,
postage prepaid, to the address given on the application. If approved,
the license including the certificate of approved location shall be
forthwith issued to remain in effect until the following April 1.
Approval shall be personal to the applicant and not assignable. The
determination of the Common Council may be reviewed under Civil Practice
Law and Rules art. 78 [§ 7801 et seq.].
[Code 1971, § 16-78]
The fee for the license under this division shall be paid to
the City Clerk for the deposit in the general fund at the time of
issuance. The fee shall be in an amount now or hereafter established
by ordinance and covers not only the cost of issuing the license itself
but also the cost of making the necessary inspections of the premises
to ascertain compliance with the regulations prescribed in this division.
[Code 1971, § 16-79]
A license issued under this division shall be effective from
the date of its issuance until March 31 of the year of such issuance,
after which a new application for a license must be made yearly if
the licensee desires to continue such activity or business.
[Code 1971, § 16-80]
A license issued under this division is personal with the licensee
and does not go with the title of the land, nor may it be sold, assigned,
or transferred.
[Code 1971, § 16-81]
It shall be unlawful for any person to keep or maintain more
than one junkyard at a single location by virtue of one license issued
under this division.
[Code 1971, § 16-82]
The Common Council may revoke any license issued under this
division if it shall be determined under a public hearing held thereon
that the licensee has for any reason violated any provisions of this
article. Upon revocation of a license, the Common Council may require
the removal of all salvage and waste materials from the site.