[R.O. 1996 § 630.020; Code 1985,
§ 51.010; CC 1990 § 12-171]
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 junk yard as described in the 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 yard, lot, or place, covered or uncovered, outdoors or
in an enclosed building, containing junk, as defined in this Section,
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.
A person who operates a junk yard, as defined above, within
the City.
[R.O. 1996 § 630.020; Code 1985,
§ 51.080; CC 1990 § 12-172]
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 not 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 firefighting 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 licensed
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 exists, 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.
[R.O. 1996 § 630.030; Code 1985,
§ 51.090; CC 1990 § 12-173]
Section 630.020 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.
[R.O. 1996 § 630.040; Code 1985,
§ 51.020; CC 1990 § 12-191]
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.
[R.O. 1996 § 630.050; Code 1985,
§ 51.030; CC 1990 § 12-192]
A.
An applicant for a 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 prescribed pursuant to Section 630.060.
B.
Such 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.
[R.O. 1996 § 630.060; Code 1985,
§ 51.040; CC 1990 § 12-193]
The fees for licenses required under
this Chapter shall be as established from time to time by ordinance
of the Board of Aldermen and on file in the office of the City Clerk.
[R.O. 1996 § 630.070; Code 1985,
§ 51.050; CC 1990 § 12-194]
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 such 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.
[R.O. 1996 § 630.080; Code 1985,
§ 51.060; CC 1990 § 12-195]
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.
[R.O. 1996 § 630.090; Code 1985,
§ 51.070; CC 1990 § 12-196]
All licenses issued under the provisions
of this Chapter shall expire on the 31st day of December following
the issuance thereof. For a partial year license, the fee shall be
prorated quarterly. No license fee shall be returned to the holder
upon sale, transfer or dissolution of the business for which the license
was issued.
