[R.O. 2008 §615.010; Code 1968 §5A-1; CC 1988 §17-56]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
- BUSINESS PREMISES OR PREMISES
- The area of a junkyard as described in a license or application for a license as required in this Chapter.
- ITINERANT JUNK DEALER
- A person 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 junkyard within the City or an employee of such an operator.
- Any old iron, steel, brass, copper, tin, lead or other base metal; old cordage, ropes, rags, fiber or fabrics; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; any or all motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts. Junk shall not include materials or objects accumulated by a person as by-products, waste or scraps from the operation of his/her own business or materials or objects held and used by a manufacturer as an integral part of his/her own manufacturing process.
- JUNK DEALER
- A person who operates a junkyard within the City.
- A yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing junk upon which occurs one (1) or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act are to be used for charity.
[R.O. 2008 §615.020; Code 1968 §5A-7(b) — (n); CC 1988 §17-57; Ord. No. 6625, 5-14-2001]
The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this Chapter:
The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition.
No space not covered by the license shall be used in the licensed business.
No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four (4) inches.
No garbage or other waste able 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 and is in use in the licensed business.
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 the business premises.
Junk shall be stored in piles not exceeding eight (8) feet in height and shall be arranged to permit easy access to all such junk for firefighting purposes.
No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises, nor shall the premises be allowed to become a fire hazard.
Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
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.
No noisy processing of junk 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.
The area on the premises where junk is kept, other than indoors, shall be fenced or walled on those sides of the premises adjoining public streets, roads and alleys, except for entrances and exits, with a vertical solid or intermittent type wall or fence to be a minimum height of eight (8) feet measured from ground level. No more than six (6) inches of space or area shall be allowed between any intermittent wall or fence. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the license business. Said entrances and exits shall be constructed of the same materials as the fence and shall be the same height of the fence. Entrances and exits shall be gated at all times except during hours of operation.
No junkyard shall be allowed to become a nuisance, nor shall any junkyard be operated in such manner as to become injurious to the health, safety or welfare of the community.
[R.O. 2008 §615.025; Ord. No. 022-2005 §§1 — 2, 9-14-2005]
Fences Required For Auto Wrecking Yards, Junkyards.
Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- AUTOMOBILE GRAVEYARD OR AUTO WRECKING YARD
- Any establishment, area or place of business maintained, used or operated for storing, keeping, buying or selling wrecked, scraped, ruined or dismantled motor vehicles or parts thereof.
- JUNKYARD OR SALVAGE 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 or auto wrecking yard, garbage dump or sanitary fill.
No auto wrecking yard or junkyard shall be established, maintained or operated within the City, unless such auto wrecking yard or junkyard is screened from the view of the public by a fence not less than eight (8) feet high which fence shall be maintained to completely block said public view.
The fencing specifications proved by this Section may be modified by the City Council in exceptional cases, but before any modification can be made, the City Council must make an affirmative finding of facts that shows a modification is called for.
Establishment Of New Auto Wrecking Yards Or Junkyards — Expansion Of Existing Yards Prohibited.
No person, firm or corporation shall establish, within the municipal boundaries of the City of Louisiana, any auto wrecking yard or junkyard.
Any auto wrecking yards or junkyards in operation prior to the passing of the ordinance are hereby prohibited from expanding their operation so as to increase land or structures to accommodate increases in volume.
It is declared to be the purpose and intent of this Section to promote and protect the public health, safety and welfare of the citizens of the City of Louisiana, to promote the stability of property values and to preserve and enhance the natural scenic beauty of the City of Louisiana.
No auto parts, wrecked autos, inoperable autos and no other items classified as junk outside a fenced area overnight.
[R.O. 2008 §615.030; Code 1968 §5A-9; CC 1988 §17-58]
Violators of this Article shall, after conviction in the Municipal Court, be punished as provided in Section 100.170 of this Code.
[R.O. 2008 §615.040; Code 1968 §5A-2; CC 1988 §17-81]
It shall be unlawful for any person to act as a junk dealer or itinerant junk dealer in the City, whether personally, singly, by agents or employees 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.
[R.O. 2008 §615.050; Code 1968 §5A-3; CC 1988 §17-82]
An applicant for a license required by this Article shall file with the City Clerk a written application upon forms provided by the City Clerk and pay a fee as prescribed in this Article. The forms shall require the following information:
[R.O. 2008 §615.060; Code 1968 §5A-4; CC 1988 §17-83]
Upon receipt of an application for a license required by this Article, the City Marshal shall cause an investigation to be made of the applicant's business responsibility and moral character.
If the findings are favorable to the applicant, the City Clerk shall, within thirty (30) days after the filing of the application and payment of the fee, issue a license to the applicant.
[R.O. 2008 §615.070; Code 1968 §5A-5; CC 1988 §17-84]
The annual fee to be paid for any license or renewal license issued under the provisions of this Article shall be thirty-five dollars ($35.00).
[R.O. 2008 §615.080; Code 1968 §5A-7(a); CC 1988 §17-85]
The license issued pursuant to this Chapter shall be plainly displayed on the business premises.
[R.O. 2008 §615.090; Code 1968 §5A-6; CC 1988 §17-86]
No license issued under this Article shall be transferred or assigned or used by any person other than the one to whom it is issued.