[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:
The area of a junkyard as described in a license or application
for a license as required in this Chapter.
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.
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]
A.
The following
general operating requirements shall apply to all junk dealers licensed
in accordance with the provisions of this Chapter:
1.
The
junkyard, together with things kept therein, shall at all times be
maintained in a sanitary condition.
2.
No space
not covered by the license shall be used in the licensed business.
3.
No water
shall be allowed to stand in any place on the premises in such manner
as to afford a breeding place for mosquitoes.
4.
Weeds
and vegetation on the premises, other than trees, shall be kept at
a height of not more than four (4) inches.
5.
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.
6.
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.
7.
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.
8.
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.
9.
Gasoline
and oil shall be removed from any scrapped engines or vehicles on
the premises.
10.
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.
11.
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.
12.
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.
13.
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]
A.
Fences Required For Auto Wrecking Yards, Junkyards.
1.
AUTOMOBILE GRAVEYARD OR AUTO WRECKING YARD
JUNKYARD OR SALVAGE YARD
Definitions. For the purposes of this Article, the following
words and phrases shall have the meanings respectively ascribed to
them by this Section:
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.
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.
2.
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.
3.
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.
B.
Establishment Of New Auto Wrecking Yards Or Junkyards — Expansion
Of Existing Yards Prohibited.
1.
No person,
firm or corporation shall establish, within the municipal boundaries
of the City of Louisiana, any auto wrecking yard or junkyard.
2.
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.
3.
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.
4.
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]
A.
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]
A.
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.
B.
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.
