[HISTORY: Adopted by the City Council of the City of Seward as Ch. 10, Art. 6, of the 1976 Code. Amendments noted where applicable.]
Any person engaged in the business or occupation of exchanging, handling or storing scrap paper, bottles, rags, iron or junk, the dismantling or taking apart of automobiles, other than for repair, or the wrecking of automobiles, the storage of automobiles unfit for operation, or automobiles or parts thereof kept for storage, or the storage and accumulation of scrap from automobiles, or other sources, shall be construed and considered the storing of iron or junk, or the operation of a junk business, or junkyard within the meaning of this article, and shall be subject to the provisions thereof.
It shall be unlawful for any person to keep, conduct or operate within this City a junk business, or junkyard or to store iron and junk as defined in this article, without first obtaining from the Mayor and Council a license therefor in the manner hereinafter provided.
Any person desiring to obtain a license for the keeping, conducting and operating within the City of a junk business or junkyard or the storage of iron or junk shall make application in writing to the Mayor and Council for such license. The application shall particularly describe the location of the proposed business and shall set out the names of the owners thereof. Said application shall be filed with the Clerk and action shall be taken thereon either at a special meeting or at the next regular meeting of the Council. The Mayor and Council may grant or reject said application as the majority thereof shall decide.
The application shall be accompanied by a license fee as set from time to time by the City Council, which shall be payable to the City. If the license is granted, the Clerk shall issue the same under the Seal of the City; and the license shall recite the name of the applicant, the date issued, the character of business sought to be engaged in, the location thereof, the owners thereof; and the same shall terminate at the end of the fiscal year during which it is granted or issued and shall not be assignable. As a condition precedent to the granting of said license, the applicant shall execute and file with the City a bond in an amount set from time to time by the City Council, with one or more sufficient sureties, to be approved by the Clerk, conditioned for the faithful performance and observance of this article and regulations of this City respecting such business; provided, further, that if the holder of the license shall violate the provisions of this article or the regulations made by the City respecting such business, said bond shall be forfeited and the City shall be entitled to recover the amount of the bond, and the license shall be revoked. Any license issued under this article may be revoked by the Mayor and Council whenever the licensee shall violate the provisions of this article. All licenses shall be taken out at the beginning of each fiscal year and shall be good only until the end of the fiscal year.
Every person engaged in the business of operating a junkyard, operating a junk business, or the storing of iron or junk shall at all times keep a record of purchases, and shall enter in a book the name of the person from whom said junk was purchased, his or her signature, date of birth and driver's license number or other means of identification, the date of the purchase thereof, the amount paid, the address of the seller, the identification and signature of the clerk or agent for the business who handled the transaction, and a full and accurate description of the article purchased, including any manufacturer's identifying insignia or serial number. This record shall be legibly written in ink in the English language and shall at all times be open to inspection to any police or other peace officer. (Neb. RS 69-204)
It shall be unlawful in the operation of a junk business or junkyard or the storing of iron or junk to use any lot or parcel of land for the purpose of storing, piling or accumulating junk within the City unless the following conditions are fully complied with by said licensee:
No combustible or inflammable material shall be accumulated or assembled in piles or otherwise unless completely enclosed by fireproof sheds or buildings.
No accumulations, piles or heaps of iron, wood or other junk, as herein defined, shall be permitted upon said lot or parcel of land unless the same is within a building.
No junk emitting any offensive smells or odors shall be allowed or permitted on said premises.
The lot and premises upon which said junkyard or junk shop is located must at all times be kept in a neat, clean, sightly and sanitary condition and all unsightly views kept from the public.
No automobile bodies, frames or chassis shall be kept on said premises unless the same are stored in a building.
In addition to any other provisions in this article, any person who violates the prohibitions or provisions of this article shall be deemed guilty of a violation. The penalty for such violation shall be an amount not to exceed $500 for any one offense, recoverable with costs, and in default of said payment the offender shall stand committed to the County Jail until such fine and costs are paid. Each period of 24 hours during or on which a violation occurs or continues shall be deemed a separate offense.