[R.O. 2011 § 610.010; CC § 51.010]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Article.
BUSINESS PREMISES or PREMISES
The area of a junkyard as described in a junk dealer's license
or application for license as provided for in this Article.
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/her own business or materials
or objects held and used by a manufacturer as an integral part of
his/her own manufacturing processes.
JUNK DEALER
A person who operates a junkyard, as defined below, with
the City.
JUNKYARD
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.
[R.O. 2011 § 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 Article.
[R.O. 2011 § 610.030; CC § 51.030]
An applicant for license under this Article shall file with
the City Clerk a written application upon forms provided by the City
Clerk and pay a fee as hereinafter prescribed. 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.
[R.O. 2011 § 610.040; CC § 51.040]
The fees for licenses required under this Article 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. 2011 § 610.050; CC § 51.050]
A. Upon receipt of an application for a junk dealer's license as provided
for herein, the Mayor 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.
[R.O. 2011 § 610.060; CC § 51.060]
No license issued under this Article shall be transferred or
assigned or used in any way by any person other than the one to whom
it was issued.
[R.O. 2011 § 610.070; CC § 51.070]
All licenses issued under the provisions of this Article 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.
[R.O. 2011 § 610.080; CC § 51.080]
A. The following general operating requirements shall apply to all junk
dealers licensed in accordance with the provisions of the City Code:
1.
The license issued pursuant to this Article shall be plainly
displayed on the business premises.
2.
The junkyard, 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 seven (7) 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 scraped 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.
[R.O. 2011 § 610.090; CC § 51.090]
Section
610.080 shall not apply to the operation of junkyards outside the City limits, even though the owner thereof be licensed in accordance with this Article.