[HISTORY: Adopted by the Township Board of Trustees of the Township of Lawrence 5-12-1966 (Ord. No. 2 of the 2005 Code). Amendments noted where applicable.]
An ordinance to provide for the control and licensing of junkyards and places for the dismantling, wrecking, and disposing of junk and/or refuse material of automobiles and similar items located in said Township outside of incorporated areas; to provide for an annual license fee; to provide for suitable rules and regulations for the operation of licensed lots to protect the general health, welfare and safety of the Township.
The Township of Lawrence, Van Buren County, Michigan, acting pursuant to Act 12 of the Public Acts of 1929, as amended, MCLA § 445.451 et seq., ordains:
Junkyards and places for the dismantling, wrecking and disposing of junk and/or refuse material of automobiles and similar items outside of the incorporated areas of the Township shall be licensed and controlled under MCLA § 445.451 et seq. in the interest of the public health, welfare and safety of the Township.
After the effective date of this chapter, it shall be illegal for any person, copartnership, corporation or other unit to operate, maintain, or control any junkyard or place for the dismantling, wrecking, and disposing of junk and/or refuse material of automobiles and similar items until the same is licensed hereunder.
A license fee paid annually on the first day of March shall be paid by each applicant in the sum of $100. The fee shall accompany the application for a license and, in case the application is refused, the Board shall direct the Clerk to return the fee to the applicant. In case the application is made during the year, the applicant shall only be required to pay 1/4 of the fee if application is made in the last quarter preceding the first day of December; 1/2 of the fee if made in the second calendar quarter preceding the first day of September; and 3/4 of the fee if made in the third calendar quarter preceding the first day of June. The fee shall be payable annually thereafter in the sum set forth above, and payment and issuance of the license shall be a condition precedent to the operation of a junkyard and place for the dismantling, wrecking and disposing of the junk and/or refuse material of automobiles and similar items.
The form of the application shall be:
The applicant shall deliver to the Township Clerk with each new application and fee a paper signed by 65% of the owners of interest in real estate within a one-half mile radius of said proposed lot, indicating that they have no objections to the issuance of the license. The Board shall be the sole judge of whether or not the required 65% have indicated such approval. Any original application which does not have such an affirmative accompanying statement attached shall be held in abeyance until applicant furnishes it.
The Board may grant the license if it deems same to be proper, or the Board may order a hearing on the application and, after hearing for just cause and in its discretion, may refuse to grant the license provided for herein, in which case the fee shall be returned to the applicant. The said hearing shall be a public hearing, and the Board may avail itself of any aid of public officials thereon or may employ investigators who shall report at the public hearing. At said hearing, the Board may employ counsel to present the facts and advise it on questions of law and the applicant may be represented by legal counsel.
Any license so granted shall specify that the sale of used cars is prohibited under the license and that to sell used cars requires a license issued by the Township for said used car lot separate and apart from this license.
In the interest of public health and to protect the general welfare and to promote the same, to reduce thefts and to avoid making attractive nuisance of said lots, the Board hereby adopts the following rules and regulations for its guidance in approving all applications for the operation of all said licensed premises.
Each applicant shall have a license issued by the state if one is so required by law, and if one is so required, no action on this application shall be taken until it is issued.
Each premise to be licensed shall be enclosed by a solid fence or other equivalent suitable barrier approved by the Township Board of a minimum height of eight feet to prevent prowlers from gaining ready access thereto, to keep children from the premises and to provide security for the lot, and to shield the premises and its operations from the abutting property owners. Each licensee shall keep the fence or other approved barrier in good condition and repair at all times, and failure to do so shall be cause for revocation of the license. Any fence or barrier adjacent to a public highway shall be no closer than 75 feet from the center line thereof.
Each premise to be licensed shall be shown by its owners to be able to be maintained in such a manner as to preclude undue fire hazards to it and adjoining lands. All premises shall be kept clean and orderly so that no fire or health menace may arise from their operation. If such health or fire hazard arises, the Board may revoke the license or in proper case refuse to renew the same.
No person or persons shall be allowed to use any used or secondhand car for living quarters, and if any vehicle on a licensed lot is so used, it shall be grounds for revocation of the license, refusal to renew same, or refusal to grant it in the first instance. Use of such a lot as a secondhand lot for sale of autos without a license shall be grounds for revocation of the license also or grounds for refusal to renew it.
No person or persons shall be allowed to live within the confines of said lot without specific prior written approval of the Board, which shall be included in or affixed, to the license.
Each person or applicant shall be of good repute.
Each applicant and licensee shall make the required reports to the Michigan State Police and other governmental agencies as required by law, and failure to do so shall be grounds for revocation of the license or refusal to renew it. Any applicant or licensee violating any laws as relating to said premises should automatically have his license revoked on being convicted thereof.
The Board reserves the right to revoke any license for violation of its rules after a hearing. The licensee shall be notified of said hearing at least 10 days prior thereto by U.S. Mail. Said notice shall include a statement of charges.
The Board shall call a hearing on any licensee if 65% of the owners of interest in real estate within one-half-mile radius of the licensed premises shall file objections, in writing, with the Board, complaining about the operation of the licensed premises.
It shall be ground for revocation of the license if licensee shall operate a junkyard or yard for dismantling or wrecking of autos in any location other than that licensed herein.
The Board shall not be required to give notice of grounds for its refusal to renew a license, but shall grant a hearing if the licensee shall demand same, in writing, within 20 days prior to receipt of such demand.
No burning of cars, car parts, components, or residues shall be permitted on the premises.
All dismantling, destruction, crushing, compacting and loading operations shall be conducted between the hours of 6:00 a.m. and 10:00 p.m.
In case of revocation of a license, no fee shall be returned.
The Board shall at all times have the right to cause investigations to be made of the licensed premises to ascertain if the rules and regulations hereunder are being adhered to and the Board or its agent may enter upon the premises for the purpose of investigation.
A majority of the Board voting on any application or revocation of it shall govern and be the action of the Board.
The form of the license shall be:
[Amended at time of adoption of Code (see Ch. 20, Code Adoption, Art. II)]
Any person found to have violated any of the provisions of this chapter by a court of competent jurisdiction is responsible for a municipal civil infraction under Chapter 25, Municipal Civil Infractions, of the Code of the Township of Lawrence.
Should any section, clause or provision of this chapter be declared invalid, the same shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be invalid.
All ordinances and resolutions in conflict with any of the provisions of this chapter are hereby repealed, except that this chapter in no way amends Chapter 1, Zoning, of the Code of the Township of Lawrence.