[CC §51.010]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Chapter:
BUSINESS PREMISES or PREMISES
The area of a junk yard as described in a junk dealer's license
or application for license, as provided for in this Chapter.
ITINERANT JUNK DEALER
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 junkyard within the City
or an employee of such an operator.
JUNK
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 own business,
or materials or objects held and used by a manufacturer as an integral
part of his own manufacturing processes.
JUNK DEALER
A person who operates a junk yard, as defined below, within
the City.
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, 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 §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 §51.040]
The fees for licenses required under this Chapter shall be as
established from time to time by ordinance of the City Council and
on file in the office of the City Clerk.
[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 §51.070]
All licenses issued under the provisions of this Chapter shall
expire on the thirtieth (30th) day of June following the issuance
thereof. For a partial year license, the fee shall be pro-rated quarterly.
No license fee shall be returned to the holder upon sale, transfer
or dissolution of the business for which the license was issued.
[CC §51.080; Ord. No. 92 §2, 10-4-1982]
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 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 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 exits, by any one of the
following fences:
a. A chain link fence with privacy strips woven into the fence, or
b. A solid brick or concrete block wall, or
c. A uniformly painted board fence, or
d. A natural weather board fence.
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Any such fence or wall shall be built to the height of six (6)
feet measured from ground level. Entrances and exits shall not be
wider or more numerous than reasonably necessary by the conduct of
the licensed business.
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[CC §51.090]
Section
615.080 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 §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 City Council 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) for
compliance done each six (6) months.