[R.O. 2004 § 610.010; Ord. No. 368 § 1(3-28.1), 10-19-1993]
Except where otherwise indicated by the context,
the following definitions shall apply in the interpretation and enforcement
of this Chapter:
The area of a junkyard as described in a junk dealer's license
or application for license as provided for in this Chapter.
A person, firm or corporation who buys, sells, collects or
delivers junk within the City limits as a business or employment,
but who is not an operator of a junkyard within the City.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles,
or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous
material.
A person, firm or corporation who operates a junkyard, as
defined above, within the City limits.
An establishment, area, or place of business maintained,
operated, or used for the storing, keeping, buying, or selling of
junk or for the operation of an automobile graveyard, garbage dump
or sanitary fill.
[R.O. 2004 § 610.020; Ord. No. 368 § 2(3-28.2), 10-19-1993]
It shall be unlawful for any person, firm or
corporation to act as a junk dealer or itinerant junk dealer within
the City limits, 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 § 610.030; Ord. No. 368 § 3(3-28.3), 10-19-1993]
A.
An applicant for license under this Chapter shall
file with the City Clerk a written application upon forms to be provided
by the City Clerk and pay a fee as hereinafter prescribed.
B.
Said application shall include the junk dealer or
itinerant junk dealer's name, fictitious name (if any), residence
address or registered agent's address and telephone number of the
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 § 610.040; Ord. No. 368 § 4(3-28.4), 10-19-1993]
A license fee of ten dollars ($10.00) per year
for business of being a junk dealer or itinerant junk dealer within
the City limits.
[R.O. 2004 § 610.050; Ord. No. 368 § 5(3-28.5), 10-19-1993]
A.
A cleanup deposit to insure that resources are available
to cover cleanup costs and other expenses, each applicant for a license
under this Chapter shall pay a one-time deposit of one thousand dollars
($1,000.00) to the City Clerk. Upon the holder of such license giving
written notice to the City Clerk of the date of the premises for which
the license was issued have ceased to be used as a junkyard or junk
dealer's business, the City Clerk or such other person as the Board
of Aldermen shall designate shall inspect the premises to determine
if they have been restored to a clean, safe and sanitary condition
and shall report their findings in writing to the Board of Aldermen.
B.
If the Board of Aldermen shall determine that the
premises are not in a clean, safe and sanitary condition, the City
Clerk shall notify the holder of such license of that fact. If the
holder shall not then restore the premises, the deposit shall be retained
by the City to cover cleanup costs. Any balance remaining after cleanup
costs shall be refunded to the holder of the license, along with an
itemized statement of the cleanup costs.
C.
Interest earned on such deposit, if any, shall be
credited to the General Revenue Fund of the City to cover the costs
of issuing such licenses.
[R.O. 2004 § 610.060; Ord. No. 368 § 6(3-28.6), 10-19-1993]
The City Clerk shall issue the license only
upon receipt of the required fee and cleanup deposit. No license shall
be issued for any premises located in districts other than those zoned
"M" Manufacturing Districts under the zoning regulations.
[R.O. 2004 § 610.070; Ord. No. 368 § 7(3-28.7), 10-19-1993]
No license issued under this Chapter shall be
transferred or assigned or used in any way by any person, firm or
corporation other than the one to whom it was issued.
[R.O. 2004 § 610.080; Ord. No. 368 § 8(3-28.8), 10-19-1993]
All licenses issued under the provisions of
this Chapter shall expire on the 30th day of June following the date of issuance.
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. 2004 § 610.090; Ord. No. 368 § 9(3-28.9), 10-19-1993]
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 at all times.
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 one (1)
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 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
eight (8) feet in height and shall be arranged so as to permit easy
access to all such junk for firefighting purposes.
9.
No combustible material or 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 materials shall be burned on
the premises.
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 the junk is kept
(other than indoors) shall be enclosed, except for entrances and exits,
with a solid vertical wall or fence or a minimum height of ten (10)
feet measured from ground level. Entrance and exits shall not be wider
or more numerous than reasonable necessary for the conduct of the
licensed business.
[R.O. 2004 § 610.100; Ord. No. 368 § 10(3-28.10), 10-19-1993]
All junkyards in violation of this Chapter are
hereby declared to be a public nuisance.
[R.O. 2004 § 610.110; Ord. No. 368 § 11(3-28.11), 10-19-1993]
The burning of motor vehicles or tires within
the City limits is hereby declared to be a public nuisance. It shall
be unlawful for any person, firm or corporation to burn motor vehicles,
parts of motor vehicles or tires within the City limits.
[R.O. 2004 § 610.120; Ord. No. 368 § 12(3-28.12), 10-19-1993]
Any person, firm or corporation violating this
Chapter shall be guilty of a misdemeanor. Each day that this Chapter
is violated or each day that an activity is carried on in violation
of this Chapter or each day that an activity for which a license is
required under this Chapter is carried on without a proper license
is hereby declared to constitute a separate violation of this Chapter.
[R.O. 2004 § 610.130; Ord. No. 368 § 13, 10-19-1993]
