[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
As used in this article, the following terms shall have the
meanings indicated:
JUNK
Shall be held to mean and include scrap and old iron, steel,
chain, brass, copper, magnesium, aluminum, tin, lead or other base
metals, scrap lumber, old rope, old bags, rags, waste paper, 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
Shall be held to mean and include every person, firm, partnership,
or corporation that shall engage in the business of buying, selling,
bartering or exchanging, or 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
Shall be held to mean and include 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."
(Also see Chapter 25, Article I and Article III.)
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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, excepting
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, excepting
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 section 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 is enclosed on its perimeter with a solid, nontransparent
wall or fence of a minimum height of seven feet, measured from ground
level, excepting 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 §
7-3-2 hereof.
Any and all licenses issued hereunder shall state that such
license is issued in the name of the junk dealer solely for the purpose
of keeping, maintaining, conducting and operating a junkyard, the
expiration date thereof, the legal description of the premises where
the junkyard is to be located, that the license shall be used and
the privileges thereof exercised only at the described premises, and
that such license is nonassignable and nontransferable. Such license
shall further provide that it is issued subject to all the provisions
of this chapter; that upon the first conviction for a violation of
any of the provisions of this chapter, in addition to the fine, such
junkyard shall remain closed for a period of 30 days; that upon the
second conviction for a violation of any of the provisions of this
chapter, such license shall become null and void, and the licensee
shall forfeit all sums paid for such license, and that the licensee,
by the acceptance of such license, expressly agrees to all the terms
and conditions thereof, and to the terms and provisions of this section
and all amendments thereto.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
The annual license fee for each junkyard shall be in an amount
as set from time to time by the Board of Trustees, 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 shall be $200 for each junk dealer.
The fee is payable as provided in this Code.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
No licensee hereunder shall purchase or receive any article
whatsoever from any minor under the age of 18, without the written
consent of their parents or guardians.