[HISTORY: Adopted by the Common Council of the City of Muskego 12-23-1964 by Ord. No.
1 as §§ 12.08 and 12.14 of the 1964
Code. Amendments noted where applicable.]
No person shall within the City engage in the business of buying
and selling or picking up and selling at retail or wholesale or dealing
in any article which from its worn condition renders it practically
useless for the purpose for which it was made and which is commonly
classed as junk or salvage without obtaining a license therefor.
Application for license hereunder shall be made to the City
Clerk upon a form provided by the City Clerk which shall request such
information from the applicant as the Common Council may prescribe.
[Amended 12-30-1985 by Ord. No. 541[1]]
The license fee hereunder for each premises at which business
hereunder is conducted shall be established by resolution of the Common
Council.
Any license issued hereunder shall expire on June 30.
No license shall be issued hereunder until approved by the Common
Council. In considering each application, the Common Council shall
take into account, among other things, the nature and development
of property surrounding a premises to be licensed, the proximity of
places for public gathering, traffic volume, congestion and hazards
at the location of the premises proposed to be licensed and the health,
safety, and general welfare of the public.
A.
Storage. No junk or salvage shall be stored within 750 feet of the
center line of any public highway or within 1,000 feet of a residence
or place of public gathering.
B.
Burning. No burning of junk or salvage shall be done within 1,000
feet of the center line of any public highway or within 1,000 feet
of a residence or place of public gathering.
C.
Storage of combustibles. No combustible junk or salvage shall be
stored in any building unless said building is of fireproof construction
and is approved by the Building Inspector.
D.
Enclosure of junk or salvage yards.
(1)
Every junk or salvage yard coming into existence after October, 7,
1993, shall be enclosed by a solid fence to be approved by the Building
Inspector and the Finance Committee of a height not less than eight
feet. Such fence shall be painted one color within 30 days after construction
and shall be maintained in a proper condition of repair at all times.
Junk placed in any junkyard shall be so piled as to not rest against
or project through or over the enclosure. It shall be unlawful to
affix or display or to permit to be affixed or displayed upon such
enclosure any picture, sign, bill, placard, pamphlet, notice or other
thing for the purpose of advertising or notification.
(2)
Any junk or salvage yard in existence on October 7, 1993, shall not
have to erect a fence required by this subsection unless for reasons
of public welfare and safety it is required by the Building Inspector
and Finance Committee.
[Amended 4-22-2004 by Ord. No. 1169]
E.
Record of purchases. A written record which shall be open to public
inspection shall be kept describing all things purchased, with the
price thereof, and the name, age and residence of the seller.
F.
Purchase from certain persons prohibited. No purchase shall be made
from any child under 18 years of age or from any intoxicated person,
habitual drunkard or unknown person.
G.
No purchase shall be made hereunder of used pipe, faucets, boilers,
spigots or coils from any person other than the manufacturer thereof,
a licensed plumber, a person licensed hereunder, or the owner of the
building from which the material is taken.
H.
Rodents and vermin prohibited. Any licensee hereunder shall take
effective steps to eliminate rodents and vermin from the premises
on which junk or salvage is stored.
I.
Garbage prohibited. No person shall store any garbage on premises
licensed hereunder.
Any license issued hereunder may be revoked by the Council for violation of this chapter. Any person to whom a license is denied pursuant to this chapter or any license holder whose license has been suspended or revoked hereunder may seek remedy through procedures as provided in Chapter 6, Administrative Review, of this Code.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
