[R.O. 2004 § 615.010; CC 1986 § 51.010]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Chapter:
AUTOMOBILE GRAVEYARD
Any establishment, area or place of business maintained,
used, or operated for storing, keeping, buying, or selling wrecked,
scrapped, ruined, or dismantled motor vehicles or parts thereof.
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 Chapter.
JUNK
Any old iron, steel, brass, copper, tin, lead or other base
metals; old cordage, ropes, rags, fibers or fabrics; old rubber; 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; and junk, dismantled,
or wrecked automobiles; 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, defined below, within the
City.
JUNKYARD
A yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing junk, as defined above, and including
an automobile graveyard, 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. 2004 § 615.020; CC 1986 § 51.020]
It shall be unlawful for any person to act as a 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. 2004 § 615.030; CC 1986 § 51.030]
An applicant for 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 hereinafter prescribed. Said application shall
include the 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. 2004 § 615.040; CC 1986 § 51.040]
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. 2004 § 615.050; CC 1986 § 51.050]
Upon receipt of an application for a junk dealer's license
as provided for herein, the City Clerk shall cause an investigation
to be made of the applicant's business responsibility and moral
character. 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. 2004 § 615.060; CC 1986 § 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 (1) to
whom it was issued.
[R.O. 2004 § 615.070; CC 1986 § 51.070]
All licenses issued under the provisions of this Chapter shall
expire on the 31st day of December following the issuance thereof.
In the event any licensee hereunder shall commence business on or
after July 1, the City Clerk shall issue such license at the rate
of one-half (1/2) the license fee for such six-month period of July
1 to December 31 or fraction thereof. 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. 2004 § 615.080; CC 1986 § 51.080]
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 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 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 Fire Department which
serves the City, 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, 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. 2004 § 615.090; CC 1986 § 51.090]
Section
615.080 shall not apply to the operation of junkyards outside of the City limits even though the owner thereof be licensed in accordance with this Chapter.
[R.O. 2004 § 615.100]
Any person establishing, operating, or maintaining an unlicensed
junkyard in violation of this Chapter shall upon conviction be punished
by a fine of not more than five hundred dollars ($500.00) or by imprisonment
for a term not exceeding ninety (90) days, or by both such fine and
imprisonment.