[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.
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]
A.
All licensees
hereunder shall observe the following regulations in operating junk
yards:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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]
A.
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.
B.
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.
C.
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.
D.
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.
