[Ord. No. 1618 §1, 9-10-2003]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Chapter:
JUNK
Any used or old iron, steel, brass, copper, tin, lead or
other base metals; old cordage, ropes, rags, fibers; old rubber; old
bottles or other glass; old plastics; bones; waste paper and other
waste or discarded material which might be prepared to be recycled
or used again in some form; and any or all of the foregoing; and motor
vehicles or other equipment designed or intended for operation on
any roadway, or household appliances, or machines or equipment, no
longer used as such, to be processed for scrap metal or the 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 own business, or materials or objects held
and used by a manufacturer as an integral part of his own manufacturing
processes.
JUNK YARD
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, storing, sorting,
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.
JUNK YARD OPERATOR
A person who operates a junk yard, as defined above, within
the limits of the City.
JUNK YARD OWNER
The owner of a junk yard or the owner of the real property
upon which a junk yard is operated within the limits of the City.
[Ord. No. 1618 §1, 9-10-2003]
A. The following
general operating requirements shall apply to all junk yard operators
and junk yard owners operating within the City of Plattsburg, Missouri:
1. The
junk yard, together with things kept therein, shall at all times be
maintained in a sanitary condition.
2. No water
shall be allowed to stand in any place on the premises in such a manner
as to afford a breeding place for mosquitoes.
3. Weeds
and vegetation on the premises, other than trees, shall be kept at
a height of not more than four (4) inches.
4. No garbage
or other waste capable of rotting, decomposing, giving off a foul
odor or attracting vermin shall be kept on the premises; nor shall
any household trash or refuse of any kind be kept on the premises.
5. No junk
and no equipment used in the salvage or processing of junk shall be
allowed to encroach or rest upon or to protrude over any public property,
street, alley, walkway, sidewalk, easement or curb, nor shall junk
be allowed to become scattered, washed off or blown off the business
premises.
6. Junk
shall be stored in piles not exceeding ten (10) feet in height, shall
be stacked in a manner to prevent the falling or collapse of such
piles, and shall be arranged so as to permit easy access to all such
junk for fire-fighting purposes.
7. No combustible
material of any kind not necessary or beneficial to the business shall
be kept on the premises; nor shall the premises be allowed to become
a fire hazard.
8. Gasoline
and oil shall be drained, collected and removed from any scrapped
motors, engines, tanks or vehicles on the premises.
9. No junk
or other material shall be burned or smelted on the premises in any
manner not meeting the prior approval of the Chief of the Plattsburg
Fire Protection District.
10. No
smoke, vapors or fumes from any smelting or burning on the premises
shall be permitted to escape from the premises without the prior inspection
and approval of the Clinton County Department of Health.
11. No
noisy processing of junk or other loud or unreasonably noisy activity
shall be carried on in connection with the junk business at any time
between the hours of 6:00 P.M. and 7:00 A.M. or on Sundays, Christmas
or Thanksgiving.
12. All
outdoor areas on the premises where junk is kept or processed 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 nor more numerous
than reasonably necessary for the conduct of the business. Each entrance
and exit shall be fitted with a gate which shall remain locked at
all times except during the normal operating hours of the business.
Said wall or fence and its posts (which shall be placed on the inside
of said wall or fence) shall be constructed of wood which is treated
so as not to rot or be susceptible to termites or other similar pests
and shall be built, maintained and anchored so as not to sag, become
unsightly or fall over in high winds.
13. The
junk yard operator shall:
a. Have
and display current licenses or registration with the State of Missouri
pursuant to Section 301.228, RSMo. (salvage business licensee) or
show that he or she is not required to have such licenses or registration;
b. Maintain
records open for inspection pursuant to Section 301.225, RSMo., and
records proving ownership on all motor vehicles or trailers in the
operator's possession or show that he or she is not required to maintain
such records; and
c. Comply
with the requirements of Sections 301.217 to 301.229, RSMo., or show
that he or she is not required to so comply.
[Ord. No. 1618 §1, 9-10-2003]
A. Non-Conforming Junk Yards. All junk yards in violation of
this Chapter are hereby declared to be public nuisances, and the operation
of a junk yard in violation of this Chapter is a violation of the
Municipal Code of the City of Plattsburg and unlawful. It shall be
unlawful and a municipal ordinance violation for a junk yard owner
to knowingly permit a junk yard to be operated on his or her property
in violation of this Chapter. It shall be unlawful and a municipal
ordinance violation for a junk yard operator to operate a junk yard
in violation of this Chapter.
B. Enforcement. The provisions of Plattsburg Municipal Code Sections
220.030 to 220.080, providing for the abatement of nuisances, are hereby adopted and incorporated in this Chapter by reference as though fully set forth herein.
C. Penalties. Any person convicted of a violation of this Chapter shall be punished as provided in Section
100.070 Plattsburg Municipal Code. Each day on which any condition in violation of the provisions of this Chapter shall remain on any premises after the junk yard owner or operator is ordered to remove or abate such nuisance shall constitute a separate offense for which the owner or operator may be arrested, tried, convicted and punished without the necessity of further notices.