[Ord. No. 545-C §1, 3-24-2003]
The following definitions shall apply in the interpretation
and enforcement of this Chapter:
The area of a junk yard or recycling yard as described in
a junk dealer's or recycler's license or application for license as
provided for in this Chapter.
Old metals; old rags, fibers or fabrics; old rubber; old
bottles or other glass; waste paper and other waste or discarded materials;
motor vehicles no longer used as such to be used for scrap metal or
stripping of parts.
A person who operated a junk yard or recycling yard, as herein
defined, within the City of Canton, Missouri.
A yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing junk or recovered materials, as defined
above, upon which occurs one (1) or more acts of buying, keeping,
dismantling, processing, selling, recycling or offering for sale any
such junk or recovered materials, in whole units or by parts, for
a business or commercial purpose, whether or not the proceeds from
such act or acts are to be used for profit or for charity.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Those materials which have been diverted or removed from
the solid waste stream for sale, use, reuse or recycling, whether
or not they require subsequent separation and processing.
The separation and reuse of materials which might otherwise
be disposed of as solid waste.
[Ord. No. 545-C §2, 3-24-2003]
It shall be unlawful for any person to act as a junk dealer
or recycler in the City of Canton, Missouri, whether personally, by
agents or employees, singly or along with some other business enterprise,
without first having obtained a license therefore from the Board of
Aldermen in accordance with the provisions of this Chapter.
[Ord. No. 545-C §3, 3-24-2003]
It is hereby made the duty of the Chief of Police of the City
of Canton, Missouri, or any regular Police Officer of the City of
Canton, Missouri, to enforce all provisions of this Chapter and for
this purpose the Chief of Police of the City of Canton, Missouri,
or any regular Police Officer of the City of Canton, Missouri, shall
have the right and are hereby empowered to enter upon any premises
on which any business subject to the provisions of this Chapter is
located, or about to be located and inspect the same at any reasonable
time. The Chief of Police of the City of Canton, Missouri, or any
regular Police Officer of the City of Canton, Missouri, is further
empowered to issue orders granting, renewing and revoking any license
provided for in accordance with the provisions of this Chapter.
[Ord. No. 545-C §4, 3-24-2003]
A.
An applicant
for license under this Chapter shall file with the City Clerk a written
application signed by himself/herself if he/she is an individual,
by all partners if a partnership and by the president or chief officer
of a corporation or other organization upon forms provided by the
City Clerk. The application shall be sworn to by each of its signers
before a notary public or other officer authorized by law to administer
oaths and shall include the following information or material:
1.
Name,
residence address and telephone number of each individual owner, partner,
or if a corporation or other organization, each officer and director.
2.
Trade
names used during the previous five (5) years by the applicant and
each person signing the application, along with the location of prior
establishments.
3.
The
name, residence address and telephone number of each person employed
or intended to be employed in the business as of the time the application
is filed.
4.
Exact
address or location of the place where the business is or is proposed
to be carried on, plus a sketch of the actual premises to be used
in connection with the business giving distances in feet and showing
adjoining roads, property lines, buildings and uses.
5.
A description
of the materials of which any building to be used in connection with
the licensed business is constructed, a sketch giving distances, showing
the location of such buildings on the business premises and a diagram
or plan giving distances and heights, showing floors, exits, entrances,
windows, ventilators and walls.
6.
Such
other information as the Board of Aldermen shall find reasonably necessary
to effectuate the purposes of this Chapter and to arrive at a fair
determination of whether the terms of this Chapter have been complied
with.
[Ord. No. 545-C §5, 3-24-2003]
A.
Upon
receipt of an application for a junk dealer's or recycler's license
as provided for herein, the City Clerk shall furnish copies of the
same to all members of the Board of Aldermen and the Board of Aldermen
shall cause an investigation to be made by the Chief of Police of
the City of Canton, Missouri, or any regular Police Officer of the
City of Canton, Missouri, of the applicant's business responsibility
and moral character. The proposed or existing premises and equipment
with which the junk yard or recycling yard is being or is to be operated
shall be examined by the Chief of Police of the City of Canton, Missouri,
or any regular Police Officer of the City of Canton, Missouri. No
junk dealer's or recycler's license shall be issued unless the application
is approved by a majority of all members of the Board of Aldermen.
B.
The application
for a license shall be approved only if the applicant's business responsibility
and moral character are satisfactory and it is found that all agents
and officers of applicant, if any, who will take part in the operation
of such business are of good character and reputation and capable
of operating the business in a manner consistent with public health,
safety and good morals.
C.
The Board
of Aldermen shall approve the application only if it finds that any
proposed or existing buildings or equipment with which the junk yard
or recycling yard is being or is to be operated conform to the requirements
of this Chapter.
D.
If any
of the findings provided for herein are unfavorable to the applicant,
the Mayor shall, within thirty (30) days after the filing of the application,
notify the applicant that his/her application is disapproved and that
no license will be issued. Upon request, the Mayor shall furnish the
applicant with a brief written statement of the grounds on which the
application was disapproved.
[Ord. No. 545-C §6, 3-24-2003]
A.
Any license
or renewal license issued hereunder shall be effective as of the date
of its issuance and shall expire one (1) year thereafter.
B.
No license
issued under the terms of this Chapter shall be transferable and the
license issued under the terms of this Chapter shall terminate upon
the transfer of ownership of the junk yard, recycling yard or salvage
yard business or upon transfer of the ownership of the real property
upon which it is located.
C.
An applicant
for a renewal license shall file with the City Clerk a written application
upon forms provided by the City Clerk, signed and sworn to in the
same manner required in the case of an original application.
[Ord. No. 545-C §7, 3-24-2003]
The annual fee to be paid for any license or renewal license
issued hereunder shall be one hundred dollars ($100.00).
[Ord. No. 545-C §8, 3-24-2003]
No license issued under this Chapter shall be transferred or
assigned or used by any person other than the one to whom it was issued
and no junk dealer's or recycler's license shall be used at any location
other than the one described in the application upon which it was
issued.
[Ord. No. 545-C §9, 3-24-2003]
A.
The following
general operating requirements shall apply to all junk dealers or
recyclers licensed in accordance with the provisions of this Chapter:
1.
The
license issued pursuant to this Chapter shall be plainly displayed
on the premises.
2.
The
junk yard or recycling yard, together with all things kept thereon,
shall at all times be maintained in a sanitary condition.
3.
No space
or area not specifically described in the application for the license
shall be used in the licensed business.
4.
No water
shall be allowed to stand in any place on the premises in such manner
as to afford a breeding place for mosquitoes.
5.
Weeds
and vegetation on the premises, other than trees, shall be kept at
a height of not more than four (4) inches.
6.
No garbage
or other waste liable to give off a foul odor or attract vermin shall
be kept on the premises, nor shall any refuse of any kind be kept
on the premises, unless such refuse is junk or recovered materials
as defined herein and is in use in the licensed business.
7.
No junk
or recovered materials shall be allowed to rest upon or protrude over
any public street, walkway or curb or become scattered or blown off
of the business premises.
8.
Junk
or recovered materials shall be stored in piles not exceeding the
height of the fence constructed as provided in Section 620.090(13)
of this Chapter and shall be arranged so as to permit easy access
to all such junk or recovered materials for fire-fighting purposes.
9.
No combustible
material of any kind nor necessary or beneficial to the licensed business
shall be kept on the premises, nor shall the premises be allowed to
become a fire hazard.
10.
Gasoline
and oil shall be removed from any scrapped engines or vehicles or
other recovered materials on the premises.
11.
No
junk or recovered materials or other material shall be burned on the
premises or in any incinerator or in the open.
12.
No
noisy processing of junk or recovered materials or other noisy activity
shall be carried on in connection with the licensed business on Sunday,
Christmas, Thanksgiving, or at any time between the hours of 6:00
P.M. and 7:00 A.M.
13.
The
area on the premises where junk or recovered materials is kept (other
than indoors) shall be enclosed, except for entrances or exits, with
a solid vertical wall or fence of a minimum height of six (6) feet
and a maximum height of ten (10) feet measured from ground level.
Entrances and exits shall not be wider or more numerous than reasonably
necessary to the conduct of the licensed business. Fences shall be
covered with a rust free paint and must be properly maintained as
a vertical fence, the purpose of which is to hide junk or recovered
materials located on the premises.
14.
The
licensee shall permit inspection of the business premises by the Chief
of Police of the City of Canton, Missouri, or any regular Police Officer
of the City of Canton, Missouri, at any reasonable time.
15.
No
junk yard or recycling yard shall be allowed to become a nuisance
nor shall any junk yard or recycling yard be operated in such a manner
as to become injurious to the health, safety or welfare of the community
or any residence close by.
[Ord. No. 545-C §10, 3-24-2003]
The Chief of Police of the City of Canton, Missouri, or any
regular Police Officer of the City of Canton, Missouri, shall inspect
the junk yard or recycling yard of all dealers licensed under this
Chapter at least once a year to determine whether such yards are being
operated in accordance with the provisions of this Chapter and any
other applicable provisions of law.
[Ord. No. 545-C §11, 3-24-2003]
When the Board of Aldermen determines that the public interest
so requires, it shall revoke or suspend the license of any dealer
that violates the terms of this Chapter.
[Ord. No. 545-C §12, 3-24-2003]
A.
Any person
aggrieved by an order of the Board of Aldermen granting, denying,
renewing or revoking a license for a proposed or existing business
or activity subject to the provisions of this Chapter may file a written
request for hearing before the Board of Aldermen within ten (10) days
after issuance of such order. The Board of Aldermen shall give notice
of a public hearing upon this request to be held in not less than
five (5) days after service of the notice on the person requesting
the hearing. The Board of Aldermen shall also give notice of the hearing
to other persons directly interested in the order in question. At
such hearing the Board shall determine whether the granting, denial,
renewal or revocation of the license was in accordance with the provisions
of this Chapter and shall issue a written findings of fact, conclusions
of law and an order to carry out its findings and conclusions. These
findings of fact, conclusions of law and order shall be filed with
the City Clerk and served by the Board of Aldermen upon all parties
in interest appearing at or represented at such hearing.
B.
The City
Attorney shall furnish such assistance and advice to the Board of
Aldermen as the Board shall request.
[Ord. No. 545-C §13, 3-24-2003]
Any person acting as a junk dealer or recycler within the City
of Canton, Missouri, on the effective date of this Chapter shall have
a period of ninety (90) days after such effective date to comply with
the provisions of this Chapter.
[Ord. No. 545-C §14, 3-24-2003]
All persons, as defined herein, convicted of violating the terms
of this Chapter shall be deemed guilty of a misdemeanor and shall
be punished by a fine of not less than one dollar ($1.00) or more
than five hundred dollars ($500.00) or by imprisonment not to exceed
ninety (90) days.
