[CC 1990 §610.010; CC §51.010]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Chapter:
The area of a junk yard as described in a junk dealer's license
or application for license, as provided for in this Chapter.
An individual (natural 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 junk yard within the City
or an employee of such an operator.
Any old iron, steel, brass, copper, tin, lead or other base
metals; old cordage, ropes, rags, fibers, 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; and
any or all of the foregoing; and motor vehicles, no longer used as
such, to be used for scrap metal or stripping of parts; but "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 processes.
A person who operates a junk yard, as defined above, within
the City.
A yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing junk as defined above, 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 or acts are to be used for charity.
[CC 1990 §610.020; CC §51.020]
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 Chapter.
[CC 1990 §610.030; CC §51.030]
A.
An applicant
for license under this Chapter shall file with the City Clerk a written
application upon forms provided by the City Clerk, and pay a fee as
hereinafter prescribed.
B.
Said
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 place where the business is or is proposed
to be carried on; and such other information as the City Clerk may
reasonably require.
[CC 1990 §610.040; CC §51.040]
The fees for licenses required under this Chapter shall be as established from time to time by ordinance of the Board of Aldermen and listed in Section 605.120 of this Code.
[CC 1990 §610.050; CC §51.050]
A.
Upon
receipt of an application for a junk dealer's license as provided
for herein, the Chief of Police shall cause an investigation to be
made of the applicant's business responsibility and moral character.
B.
If the
findings of said investigation 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 junk dealer's license to the applicant.
[CC 1990 §610.060; CC §51.060]
No license issued under this Chapter shall be transferred or
assigned or used in any way by any person other than the one to whom
it was issued.
[CC 1990 §610.070; CC §51.070]
All licenses issued under the provisions of this Chapter shall
expire annually on the anniversary date. No license fee shall be returned
to the holder upon sale, transfer or dissolution of the business for
which the license was issued.
[CC 1990 §610.080; CC §51.080]
A.
The following
general operating requirements shall apply to all junk dealers licensed
in accordance with the provisions of this Chapter:
1.
The
license issued pursuant to this Chapter shall be plainly displayed
on the business premises.
2.
The
junk yard, together with things kept therein, shall at all times be
maintained in a sanitary condition.
3.
No space
not covered by the license shall be used in the licensed business.
4.
No water
shall be allowed to stand in any place on the premises in such manner
as to afford a breeding place for mosquitoes.
5.
Weeds
and vegetation on the premises, other than trees, shall be kept at
a height of no more than four (4) inches.
6.
No garbage
or other waste liable 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 as described herein and
is in use in the licensed business.
7.
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.
8.
Junk
shall be stored 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.
9.
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.
10.
Gasoline
and oil shall be removed from any scrapped engines or vehicles on
the premises.
11.
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.
12.
No
noisy processing of junk or other noisy activity shall be carried
on in connection with the license business on Sunday, Christmas, Thanksgiving
or at any time between the hours of 6:00 P.M. and 7:00 A.M.
13.
The
area on the premises 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.
[CC 1990 §610.090; CC §51.090]
Section 610.080 shall not apply to the operation of junk yards outside of the City limits, even though the owner thereof be licensed in accordance with this Chapter.
[CC 1990 §610.100; CC §51.100]
All junk yards in violation of this Chapter are hereby declared
to be public nuisances. However, to allow flexibility and prevent
undue hardship, the Board of Aldermen may consent to a schedule by
which non-conforming junk yards existing as of January 1, 1975, are
brought in compliance within two (2) years, with one quarter (¼)
of the work required for compliance done each six (6) months.
