[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.]
A.
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.
B.
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:
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STATE OF MICHIGAN
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COUNTY OF VAN BUREN
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TOWNSHIP OF LAWRENCE
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Application for license to operate a junkyard, and place for
dismantling, wrecking and disposing of the junk and/or refuse material
of automobiles and similar items. Please provide Township Officials
with the following information:
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Name of Applicant
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Type of Organization (individual, copartnership, or corporation)
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Location of business
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Names of all persons who have an interest in the business
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Is the lot completely fenced? _____ If so, what type of fencing
is used? How tall is it?
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Does the state require you to have a state license? _____ If
so, do you have one?
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How many licenses do you hold from the Michigan Secretary of
State?
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Have you or any of your business partners ever been refused
a license of this type?
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Have you or any of your business partners ever been convicted
of a felony?
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Amount of fee accompanying this application:
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Dated: __________
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Signature of Applicant
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Subscribed and sworn to before me this _____ day of __________,
20__.
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, Notary Public
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Van Buren County, Michigan
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My commission expires: __________
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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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Each
person or applicant shall be of good repute.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
No
burning of cars, car parts, components, or residues shall be permitted
on the premises.
M.
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:
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TOWNSHIP OF LAWRENCE
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Van Buren County, Michigan
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LICENSE TO OPERATE A JUNKYARD
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The Township of Lawrence, acting under Act 12, Public Acts of
1929, as amended hereby, licenses __________ to operate a junkyard
and yard for the dismantling, wrecking and disposing of junk and/or
refuse material of automobiles and similar items at _____ __________
(said location only) in said Township for a period expiring on the
_____ day of __________, 20_____.
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License nontransferable
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License revocable
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License Fee
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THIS IS NOT A LICENSE FOR OPERATION OF A USED CAR LOT.
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Lawrence Township Clerk
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[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.
