[CC 1999 §17-16; Ord. No. 89-9, 3-27-1989]
The following terms as used in this Chapter, unless the context otherwise indicates, means and includes:
- Corporate limits of City of Chillicothe, Missouri.
- City Clerk of Chillicothe, Missouri.
- City Council of City of Chillicothe, Missouri.
- 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.
- JUNK YARD
- 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.
- Individuals, partnerships, corporations and associations.
- City Treasurer of Chillicothe, Missouri.
[CC 1999 §17-17; Ord. No. 89-9, 3-27-1989]
Any person engaged in establishing or operating a junk yard for the purpose aforesaid shall file with the Clerk an application for a license to transact such business under the provisions of this Chapter. The application shall state the nature of the business and a legal description of the premises on which the business is to be operated and a separate license shall be secured for each place, where a junk yard is to be conducted such as is defined and required to be licensed under the provisions of this Chapter. The Clerk shall then issue to the applicant a license upon payment of an annual license fee of fifty dollars ($50.00) entitling the applicant to conduct a junk yard for the period of the licensed year. All license fees collected under this Section shall be made payable to the order of the Treasurer and deposited by the Treasurer in the General Revenue Fund of the City. Any junk yard being operated in the City at the effective date of this Section under a license issued by the City shall be required to purchase a license at the above rate upon the expiration of the period of time for which said junk yard shall have been licensed. No junk yard shall be operated within the City without a license so issued and no license shall be issued or renewed to any junk yard violating the provisions of this Section.
[CC 1999 §17-18; Ord. No. 89-9, 3-27-1989]
Every business licensed under the provisions of this Chapter and carrying on or conducting business under the license shall publicly post in a conspicuous place in or at the place of business licensed, the license issued by the Clerk, the license to be kept so posted or displayed for inspection by any person.
[CC 1999 §17-19; Ord. No. 89-9, 3-27-1989]
All junk yards to be licensed under the provisions of this Chapter and all junk yards now being operated in the City at the effective date of this Section shall be kept reasonable sanitary and clean and free of all hazardous waste materials as defined by any Federal or State law or regulation.
[CC 1999 §17-20; Ord. No. 89-9, 3-27-1989]
All licensees hereunder shall observe the following regulations in operating junk yards:
The premises constituting the junk yard shall be enclosed within a building, or the front side of such premises and the sides thereof to a depth of fifty (50) feet, or such other depth specified by the Council, shall be enclosed by a wooden, metallic or plastic fence not less than eight (8) feet in height, in which the openings or cracks are less than fifteen percent (15%) of the total area. The fence shall be constructed from same material from end to end, and top of fence shall be an even height following the contour of the land, with posts and support on side of fence facing the junk yard.
Rags, paper and cardboard shall be stored within a suitable structure or enclosed by a fence to prevent their escape when blown by the wind.
No rags, paper, cardboard, rubber or other flammable materials shall be stored on the premises within seventy-five (75) feet of any oil, gasoline or other flammable liquids of the operator or any other adjoining property owner or lessee.
An unobstructed and usable roadway must be maintained in good condition at all times into and within the confines of the premises to permit ready and quick access to all points on the premises where rags, paper, cardboard and all other flammable materials are stored, so that any fire may be quickly extinguished.
All exterior areas on the outside of the walls or fences surrounding the premises to be used as a junk yard shall be kept in a clean and neat condition, free from any of the materials stored within the junk yard.
At no time may any hazardous waste material be received or stored without compliance with all Federal and State laws and regulations and without at least sixty (60) days prior notice to the City Clerk. The Fire Chief of the City shall at all times be informed as to the location and nature of such items.
[CC 1999 §17-21; Ord. No. 89-9, 3-27-1989]
All junk yards established in this City after January first (1st), 1990 shall be located only in such districts as may be provided under the zoning map of the City as incorporated into such Chapter.
[CC 1999 §17-22; Ord. No. 89-9, 3-27-1989]
The Health Inspector, or other officer of the City shall make an inspection of each junk yard and auto wrecking shop within the City at least once a year, and more frequently if deemed necessary, to determine that the operators thereof are in compliance with the provisions of this Chapter. Any violations of the terms of this Chapter shall be reported to the City Attorney.
[CC 1999 §17-23; Ord. No. 89-9, 3-27-1989]
Any licensee violating the terms of this Chapter shall be deemed guilty of an ordinance violation and punished accordingly. Each day that a violation persists shall be considered a new and separate violation hereunder.
Any licensee convicted of violating the terms of this Chapter on three (3) different occasions within any twelve (12) month period shall have his/her license to operate the business of a junk yard revoked by the Clerk.
No licensee whose license has been revoked under the terms of this Section shall be entitled to receive a new license to operate a junk yard within a period of one (1) year from the date of revocation of the license.
No licensee whose license has been revoked under the terms of this Section shall be entitled to any refund of the fee paid to the City Treasurer for the original issuance of such license.
[CC 1999 §17-24; Ord. No. 89-9, 3-27-1989]
In addition to the remedies provided for in this Chapter or by law the City Attorney is hereby authorized to apply to any court of competent jurisdiction for a temporary or permanent injunction to restrain any person from violating any provisions of this Section.