Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
[Ord. of 6-12-1969, § 6; Ord. of 5-20-1987, § 1]
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AUTOMOBILE JUNKYARD
A place where one or more unserviceable, discarded, worn out or junked automobiles, whether or not the automobiles are registered with the state department of transportation, division of motor vehicles, or bodies, engines, tires, parts or accessories thereof are gathered together.
[Ord. of 6-12-1969, § 8]
Any person who violates any of the provisions of this division or the regulations made as authorized in this division shall, upon conviction, be punished in accordance with § 1-4.
[Ord. of 6-12-1969, § 1]
No person shall engage in the selling, purchasing, bartering, or dealing in junk, old metals or any other secondhand articles or establish, operate or maintain an automobile junkyard in the Town without first obtaining a license for such purpose from the Town Council. The license shall specify the street and assessor's lot and plat upon which such business is to be conducted.
[Ord. of 6-12-1969, § 5]
The fees for licenses required in this division shall be as determined from time to time and collected by the Town Council. Such fees shall be on file in the office of the Town Clerk and shall be for the following:
(1) 
For the keeper of a shop or storehouse for the reception of any junk, old metals or other secondhand articles, which shop or storehouse is not an automobile junkyard.
(2) 
For any foundryman or other person receiving the junk, old metals or other secondhand articles for the purpose of melting the junk, old metals or other secondhand articles or converting the junk, old metals or other secondhand articles into castings.
(3) 
For any gatherer of junk, old metals or other secondhand articles in any bag, wagon or cart.
(4) 
For any person establishing, operating or maintaining an automobile junkyard.
[Ord. of 6-12-1969, § 2]
Before granting a license to keep a shop or storehouse for the reception of any junk, old metals or other secondhand articles or to establish, operate or maintain an automobile junkyard in any location not lawfully occupied for such purpose at the time of the application for such license, the Town Council shall hold a public hearing. Notice of the hearing shall be posted at least seven days but not more than 14 days prior to the hearing in not less than two public places in the Town and in a newspaper of general circulation in the Town; provided, however, that before the Council shall post or publish the notice of hearing it shall collect from the applicant a fee as established from time to time by the Town Council and on file in the office of the Town Clerk, plus the cost of posting and publishing the notice.
[Ord. of 6-12-1969, § 3]
No license required in this division shall be granted for any location not lawfully occupied for such purpose at the time of the application for the license where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the Town Council their objection to the granting of such license. However, this section shall not apply to any applicant who is the licensed keeper of such shop, storehouse or automobile junkyard within the Town which is being acquired under eminent domain proceedings or who is applying for a renewal of a license pursuant to G.L. 1956, § 5-21-1 within the Town.
[Ord. of 6-12-1969, § 4]
Every license issued pursuant to this division shall be subject to such conditions and restrictions and be for such term not exceeding one year as may be determined by the Town Council and shall be revocable at the pleasure of the Council.
[Ord. of 6-12-1969, § 7]
(a) 
No license shall be granted for an automobile junkyard unless:
(1) 
It is to be operated and maintained entirely within a building;
(2) 
It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in an industrial area; or
(3) 
It is:
a. 
More than 600 feet from any state highway;
b. 
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
c. 
Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high acceptable to the Town and so specified on the license.
(b) 
Without limitation on the authority conferred upon the Town Council by § 8-132, the mandatory conditions contained in Subsections (1), (2), (3)a. and (3)b. of this section shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to the Compiled Ordinances of the Town on May 19, 1965.