[CC 1985 § 24-26]
Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Article:
BUSINESS PREMISES or PREMISES
The area of a junkyard as described in a junk dealer's license or application for license, as provided for in this Article.
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 junkyard within the City or an employee of such an operator.
JUNK
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; wastepaper 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 junkyard within the City.
JUNKYARD
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.
[CC 1985 § 24-27]
A. 
The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this Article:
1. 
The license issued pursuant to this Article shall be plainly displayed on the business premises.
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 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 not to exceed fifteen (15) 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 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 fifteen (15) feet in height.
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. 
No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of the Building Code.
11. 
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.
12. 
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, chain-link fence or existing permanent-type hedge of a minimum height of six (6) 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.
13. 
No junkyard shall be allowed to become a nuisance, as provided in Section 215.010 of this Code; nor shall any junkyard be operated in such manner as to become injurious to the health, safety or welfare of the community.
[CC 1985 § 24-28]
A junk dealer commits the offense of unlawful transactions with a minor if he/she or any employee with criminal negligence buys or receives any personal property other than agricultural products from an unemancipated minor, unless the minor's custodial parent or guardian has consented in writing to the transaction.
[CC 1985 § 24-36]
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 Clerk in accordance with the provisions of this Division.
[CC 1985 § 24-37]
A. 
An applicant for the license under this Division shall file with the City Clerk a written application upon forms provided by the City Clerk, and payment of a fee as prescribed in this Division. The application shall contain the following:
1. 
Name, residence address and telephone number of applicant;
2. 
Exact address or location of the place where the business is or is proposed to be carried on, including the legal description of the premises.
[CC 1985 § 24-38]
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. 
The City Clerk shall issue a license if all requirements for a junk dealer described in this Article are met unless he/she finds:
1. 
The correct license fee has not been tendered to the City, and, in the case of a check, or bank draft, honored with payment upon presentation;
2. 
The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations;
3. 
Applicant Having Been Convicted Of Certain Offenses.
a. 
The applicant, if an individual; or any of the stockholders holding more than ten percent (10%) of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the operation of the business; has been convicted of any of the following offenses or convicted of an offense without the state that would have constituted any of the following offenses if committed within the State:
(1) 
An offense involving the use of force and violence upon the person of another that amounts to a felony;
(2) 
An offense involving sexual misconduct;
(3) 
An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony.
b. 
The City may issue a license to any person convicted of any of the offenses described in Subsection (B)(3)(a)(1), (2) or (3) of this Subsection if it finds that such conviction occurred at least five (5) years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor or ordinance violation convictions for offenses mentioned in this Subsection.
4. 
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith;
5. 
The applicant has had a similar permit or license denied, revoked or suspended by the City or any other state or local agency within five (5) years prior to the date of the application;
6. 
The applicant, if an individual; or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business; is not over the age of eighteen (18) years.
[CC 1985 § 24-39]
The annual fee to be paid for any license or renewal license issued under this Division shall be fifty dollars ($50.00) in the case of junk dealers, and fifty dollars ($50.00) in the case of itinerant junk dealers, together with a surety bond in the sum of five hundred dollars ($500.00).
[CC 1985 § 24-40]
No license issued under this Division shall be transferred or assigned or used by any person other than the one to whom it was issued.