[R.O. 2006 § 610.010; CC 1975 § 51.010]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Chapter:
BUSINESS PREMISES or PREMISES
The area of a junk yard as described in a junk dealer's
license or application for license as provided for in this Chapter.
ITINERANT JUNK DEALER
An individual (natural person) who buys, sells, collects
or delivers junk within the City as a business or employment within
the City, but who is not an operator of a junk yard within the City
or an employee of such an operator.
JUNK
Any old iron, steel, brass, copper, tin, lead or other base
metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old
bottles or other glass; bones; waste paper and other waste or discarded
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; 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 junk yard, as defined below, within
the City.
JUNK YARD
A yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing junk 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. 2006 § 610.020; CC 1975 § 51.020]
It shall be unlawful for any person to act as a junk dealer
or itinerant 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 Collector
in accordance with the provisions of this Chapter.
[R.O. 2006 § 610.030; CC 1975 § 51.030]
A. An applicant for license under this Chapter shall file with the City
Collector a written application upon forms provided by the City Collector
and pay a fee as hereinafter prescribed.
B. Said application shall include the junk dealer or itinerant 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
Collector may reasonably require.
[R.O. 2006 § 610.040; CC 1975 § 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 Collector.
[R.O. 2006 § 610.050; CC 1975 § 51.050]
A. Upon receipt of an application for a junk dealer's license as
provided for herein, the Chief of Police shall cause an investigation
to be made of the applicant's business responsibility and moral
character.
B. If the findings of said investigation are favorable to the applicant,
the City Collector 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. 2006 § 610.060; CC 1975 § 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 to whom
it was issued.
[R.O. 2006 § 610.070; CC 1975 § 51.070]
All licenses issued under the provisions of this Chapter shall
expire on the thirtieth (30th) day of June following the issuance
thereof. 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. 2006 § 610.080; CC 1975 § 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 junk yard, 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; not 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 fire fighting 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 Chief of the Fire
Department, 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. 2006 § 610.090]
A person commits the offense of improper operation of a junk yard if he/she operates a junk yard without a permit issued by the City or who allows any condition prohibited by Section
610.080 to exist on the junk yard premises. Each day of violation shall constitute a separate offense.