[R.O. 2006 §615.080; Code 1975 §51; CC 1985 §19-26]
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 dearly indicates a different meaning:
Any establishment, area, or place of business maintained,
used, or operated for storing, keeping, buying, or selling wrecked,
scrapped, ruined, or dismantled motor vehicles or parts thereof.
An individual who buys, sells, collects, or delivers junk
within the City as a business or employment within the City, but who
is not an operator of a junk yard within the City or an employee of
such an operator.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles,
or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous
material.
A person who operates a junk yard within the City.
An establishment, area, or place of business maintained,
operated, or used for the storing, keeping, buying, or selling of
junk or for the operation of an automobile graveyard, garbage dump
or sanitary fill.
[R.O. 2006 §615.090; Code 1975 §51.100; CC 1985
§19-27]
All junk yards in violation of this Article are public nuisances and are subject to abatement as provided in Chapter 215 of this Code.
[R.O. 2006 §615.100; Code 1975 §51.080(2) —
(6); CC 1985 §19-28]
A.
Each
junk yard, together with things kept therein, shall at all times be
maintained in a sanitary condition.
B.
No
water shall be allowed to stand in a junk yard in such manner as to
afford a breeding place for mosquitoes.
C.
Weeds
and vegetation located on a junk yard, other than trees, shall be
kept at a height of not more than four (4) inches.
D.
No
garbage or other waste liable to give off a foul odor or attract vermin
shall be kept on a junk yard, nor shall any refuse of any kind be
kept on the premises, unless such refuse is junk and is in use in
the licensed business.
[R.O. 2006 §615.110; Code 1975 §51.080(7), (8);
CC 1985 §19-29]
A.
No
junk shall be allowed to rest upon or protrude over any public property,
street, alley, walkway, or curb or become scattered or blown off of
a junk yard.
B.
Junk
shall be stored in a junk yard in piles not exceeding ten (10) feet
in height and shall be arranged so as to permit easy access to all
such junk for fire-fighting purposes.
[R.O. 2006 §615.120; Code 1975 §51.080(9) —
(11); CC 1985 §19-30]
A.
No
combustible material of any kind not necessary or beneficial to a
junk yard shall be kept on the premises; nor shall the premises be
allowed to become a fire hazard.
B.
Gasoline
and oil shall be removed from any scrapped engines or vehicles on
the premises.
C.
No
junk or other material shall be burned on the premises in any incinerator
not meeting the approval of the Chief of the Fire Department, which
approval shall not be unreasonably denied.
[R.O. 2006 §615.130; Code 1975 §51.080(12); CC
1985 §19-31]
No noisy processing of junk or other noisy activity shall be
carried on in connection with a junk yard on Sunday, Christmas, Thanksgiving,
or at any time between the hours of 6:00 P.M. and 7:00 A.M.
[R.O. 2006 §615.140; Code 1975 §51.080(13); CC
1985 §19-32]
The area in a junk yard where junk is kept (other than indoors)
shall be enclosed, except for entrances and exits, with a solid vertical
wall or fence of a minimum height of eight (8) feet measured from
ground level. Entrances and exits shall not be wider or more numerous
than reasonably necessary for the conduct of the licensed business.
[R.O. 2006 §615.150; Code 1975 §§51.020(3),
51.080; CC 1985 §19-46]
It shall be unlawful for any person to act as a junk dealer
or itinerant junk dealer in the City, whether personally, by agents
or employees, singly, or along with some other business or enterprise,
without first having obtained a license therefor from the City Clerk
in accordance with the provisions of this Article. No space in the
City not covered by the license shall be used in the licensed business.
[R.O. 2006 §615.160; Code 1975 §51.030; CC 1985
§19-47]
An applicant for license under this Article shall file with
the City Clerk a written application upon forms provided by the City
Clerk and pay the required fee. The application shall include the
junk dealer or itinerant junk dealer's name, residence address, and
telephone number of applicant; the exact address or location of the
Police where the business is or is proposed to be carried on, and
such other information as the City Clerk may reasonably require.
[R.O. 2006 §615.170; Code 1975 §51.050; CC 1985
§19-48]
A.
Upon
receipt of an application for the license required by this Article,
the original shall be referred to the Chief of Police, who shall cause
such investigation of the applicant's business and moral character
to be made as he/she deems necessary for the protection of the public
good.
B.
If
as a result of such investigation the applicant's character or business
responsibility is found to be unsatisfactory, the Chief of Police
shall endorse on such application his/her disapproval and his/her
reasons for the same, and return the application to the City Clerk,
who shall notify the applicant that his/her application is disapproved
and that no license will be issued.
C.
If
as a result of such investigation the character and business responsibilities
of the applicant are found to be satisfactory, the Chief of Police
shall endorse on the application his/her approval. Upon receipt of
the approved application the City Clerk, upon payment of the prescribed
fee, shall deliver to the applicant his/her license. The Clerk shall
keep a permanent record of all licenses issued.
[R.O. 2006 §615.180; Code 1975 §51.040; CC 1985
§19-49]
The fees for a license required under this Article shall be
twenty dollars ($20.00).
[R.O. 2006 §615.190; Code 1975 §51.060; CC 1985
§19-50]
No license issued under this Article shall be transferred or
assigned or used in any way by any person other than the one to whom
it was issued.
[R.O. 2006 §615.200; Code 1975 §51.070; CC 1985
§19-51]
All licenses issued under the provisions of this Article shall
expire on the thirtieth (30th) day of June following the issuance
thereof. For a partial year license, the fee shall be prorated quarterly.
No license fee shall be returned to the holder upon sale, transfer
or dissolution of the business for which the license was issued.
[R.O. 2006 §615.210; Code 1975 §51.080(l); CC 1985
§19-52]
A license issued under this Article shall be prominently displayed
on the licensed premises.
[R.O. 2006 §615.220; CC 1985 §19-53]
A.
The
Mayor of this City may revoke licenses issued under the provisions
of this Article, after notice and hearing, for any of the following
causes:
1.
Fraud, misrepresentation, or false statement contained in the application
for license.
2.
Fraud, misrepresentation, or false statement made in the course of
carrying on his/her business.
3.
Any violation of this Article.
4.
Conducting the business of junk dealer in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety, or general welfare of the public.
