(See also Chapter
252, Nuisances; Chapter
286, Solid Waste, Article
II; and Chapter
322, Vehicles and Traffic, Article
VII.)
As used in this chapter, the following terms shall have the
meanings indicated:
JUNK
Includes scrap and old iron, steel, chain, brass, copper,
magnesium, aluminum, tin, lead or other base metals, scrap lumber,
old rope, old bags, rags, wastepaper, paper clippings, scraps of woolens,
clips, bagging, rubber and glass, and empty bottles of different kinds
or sizes when the number of each kind or size is less than one gross,
any wrecked or dilapidated motor vehicle, engine, or machinery received,
stored or held for more than 90 days, and all articles and things
discarded or no longer used as a manufactured article composed of
or consisting of any one or more of the materials or articles herein
mentioned.
JUNK DEALER
Includes every person, firm, partnership, or corporation
that shall engage in the business of buying, selling, bartering or
exchanging, or that shall collect, receive, store or hold in possession
for sale, barter or exchange, any of the things in and by this section
defined as "junk."
JUNKYARD
Includes the premises on which a junk dealer is engaged in
the business of buying, selling, bartering, exchanging, or collecting,
receiving, storing or holding in possession for sale, barter, or exchange,
any of the things in and by this section defined as "junk."
The minimum physical requirements at all times for each junkyard
shall be as follows:
A. The premises where the junkyard is located shall not have more than
two entrances thereto and two exits therefrom, each of which shall
not exceed 15 feet in width at the perimeter of the premises.
B. The premises where the junkyard is located shall be enclosed on its perimeter with a solid, nontransparent, vertical wall or fence of a minimum height of seven feet measured from ground level, except for the entrances and exits permitted by Subsection
A above.
C. The aforesaid solid, nontransparent wall or fence and the gates or
doors, if any, at the aforesaid entrances and exits shall not contain
any sign, poster or advertising matter of any kind whatsoever, except
one sign of the licensee thereon not exceeding 100 square feet in
size.
D. The public streets and alleys adjacent to the junkyard shall not
have junk thereon.
It shall be unlawful for any person to keep, maintain, conduct
or operate a junkyard within the corporate limits of the Village without
first obtaining a license to do so as herein provided. A separate
license shall be secured for each junkyard located on noncontiguous
lots, blocks, tracts or parcels of land.
Before any license under the provisions of this chapter is issued,
any person desiring to operate a junkyard in this Village shall first
make a verified application in writing to the Clerk in the absence
of provision to the contrary, stating thereon the full name of the
applicant, his residence address, the trade name of the applicant,
the legal description of the premises where the junkyard is to be
located, the size and approximate location of each entrance thereto
and exit therefrom, whether or not the premises where the junkyard
is to be located are enclosed on its perimeter with a solid, nontransparent
wall or fence of a minimum height of seven feet, measured from ground
level, except the entrances and exits, and whether or not the public
streets and alleys adjacent to the premises where the junkyard is
to be located have junk thereon. If the applicant is a firm or partnership,
the names and residence addresses of all the partners and, in the
case of a corporation, the names and residence addresses of the President
and Secretary shall be stated in the application.
Any applicant for a license to keep, maintain, conduct or operate
a junkyard shall be disqualified for any of the following reasons:
A. Not a person of good character.
B. Falsification of an application for a license hereunder.
C. License for a junkyard theretofore issued to the applicant has been
revoked during the preceding 24 months.
D. Failure to meet any one of the minimum physical requirements for a junkyard as specified in §
223-2 hereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The annual license fee for each junkyard shall be set from time
to time by the Board of Trustees by resolution, payable in advance
with the filing of the application for license, and shall not be subject
to pro-rata reduction for a portion of the year, either because of
the application for or because of revocation of a license; provided,
however, that only one annual license fee shall be payable for licenses
which may be issued whenever the applicant desires to keep, maintain,
conduct or operate junkyards on lots, blocks, tracts, or parcels of
land which are situated on directly opposite sides of and abut upon
each side of a public street or alley. Where such place of business
is not located in the Village, but the operator carries on the business
of buying or collecting or bartering for the items heretofore enumerated
within the Village, the annual fee for each junk dealer shall be set
from time to time by the Board of Trustees by resolution. The fee
is payable as provided in this chapter.
No licensee hereunder shall purchase or receive any article
whatsoever from any minor, without the written consent of the minor's
parents or guardians.
In addition to an application for license, any person desiring
to operate a junkyard shall submit in writing to the Village Clerk
a written plan in simple form showing the layout of the proposed junkyard,
which shall be submitted by the Village Clerk to the Village Board
at the next regular meeting of the Village Board for approval or disapproval.
Upon approval of the plan by the Village Board, a permit shall be
issued by the Village Clerk authorizing the applicant to begin and
complete construction of the proposed junkyard in accordance with
the plan submitted. Upon completion of the construction of the proposed
junkyard in accordance with the plans submitted, and upon meeting
all other requirements provided by Village ordinance, the applicant
shall be issued a license as provided herein.