[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.
A.
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.
B.
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.[1]
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:
A.
No combustible
or inflammable material shall be accumulated or assembled in piles
or otherwise unless completely enclosed by fireproof sheds or buildings.
B.
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.
C.
No junk
emitting any offensive smells or odors shall be allowed or permitted
on said premises.
D.
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.
E.
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.
