For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
MOTOR VEHICLE
Automobiles, buses, trucks, motorcycles and any other motorized vehicle.
MOTOR VEHICLE JUNK BUSINESS OR MOTOR VEHICLE JUNKYARD
Any business and any place of storage or deposit in the city which displays, or in or upon which there is displayed or stored, two (2) or more unregistered motor vehicles which, in the opinion of the Director of the Finance Department, are unfit for reconditioning for use for highway transportation, or used parts of motor vehicles or material which has been a part of any motor vehicle, the sum of which parts or material shall, in the opinion of the Director of the Finance Department, be equal in bulk to two (2) or more motor vehicles.
PREMISES
Any building, open air plot of ground, yard, lot or parcel of land within the city wherein used motor vehicles are dismantled and used parts of motor vehicles are stored or offered for sale.
No person shall maintain, operate or conduct in or upon any premises within the city a motor vehicle junk business or motor vehicle junkyard without first obtaining a license therefor from the Director of the Finance Department as provided in this Article, provided that the provisions of this Article shall not affect or apply to those persons maintaining, operating or conducting a junk shop or junkyard in accordance with other provisions of this Article.
A. 
Every applicant for a license to engage in a business as regulated in this Article shall file with the Finance Department a written application signed by such applicant, which application shall state the following:
[Amended 5-18-1982 by Ord. No. 16-82]
(1) 
The name and residence of the applicant and, if a firm or corporation, the name and address of the officers and the registered agent or partners.
(2) 
The length of time that the applicant or, if the applicant is a firm or corporation, the length of time that the manager or the person in charge has been a resident of the city if such is the case, his place of previous employment and if the applicant has been convicted of a crime and when, what offense and in what court.
(3) 
The detailed nature of the business to be conducted.
(4) 
The place where the business is to be located and carried on.
B. 
Each application for a license under this Article shall contain an agreement that the applicant accepts the license to be granted upon the condition that it may be suspended or revoked, for cause, at any time by the City Council.
A. 
No license under this Article shall be issued unless the applicant has obtained from the Planning Board a certificate of approval of the location to be used therefor.
B. 
No license shall be issued unless the applicant has the approval of the Police Department, Fire Department and Health and Welfare Department.
C. 
No new license shall be issued for the carrying on of the trade or business of a motor vehicle junk business or motor vehicle junkyard within the city unless the motor vehicle junk business or motor vehicle junkyard proposed to be licensed is located within an industrial district or business district as designated on the Building Zone Map[1] of the city.
[1]
Editor's Note: See Ch. 210, Zoning and Land Development.
D. 
No new license shall be issued for a motor vehicle junk business or motor vehicle junkyard proposed to be located within one thousand (1,000) feet of any existing motor vehicle junk business or motor vehicle junkyard.
E. 
If the applicant for a license under this Article is not the owner of the site where the business is to be conducted, the owner's consent to the conduct of such business shall be endorsed on such application.
A. 
If such application complies with the requirements of this Article and any other ordinance of the city, the Finance Department shall issue a license on the payment of the license fee but the City Council may restrict the number of such licensed premises within the city and may impose such reasonable regulations and rules with regard to such business so to be conducted, not contrary to law, as the City Council may deem necessary and proper for the good government, order, protection of persons and property and for the preservation of public health, safety and welfare of the city and its inhabitants and as may be necessary to carry into effect the powers and duties conferred and imposed upon the city by law.
[Amended 5-18-1982 by Ord. No. 16-82]
B. 
All persons to whom a license has been issued pursuant to the provisions of this Article shall conduct, maintain or operate but one (1) motor vehicle junk business or motor vehicle junkyard within the city.
[Amended 5-18-1982 by Ord. No. 16-82]
The annual fee to be paid for a license under this Article shall be as provided in Chapter 88, Fees, and such license shall be for a term of one (1) year from the first day of January in each year, unless suspended or revoked prior to that time for cause by the City Council. The respective fees for any such license shall be prorated according to the effective date of such license and based on the respective annual fee as provided in this section.
A. 
No license issued pursuant to this Article shall be assignable or transferable in any manner.
B. 
In case any person so licensed desires to remove his place of business from the place designated in such license, he shall immediately give notice thereof to the City Council and have the change of address endorsed upon such license, provided that no change of address of any such licensed premises shall be permitted unless the proposed new address meets all of the requirements for the issuance of a new license.
All licenses granted pursuant to this Article may be revoked or suspended at any time by the City Council if the licensee, his servant, agent or employee fails to conform to the terms of this Article or for the violation of any of the provisions of this Article or any of the rules and regulations made by the City Council pertaining to the maintenance and operation of motor vehicle junk businesses or motor vehicle junkyards.
The City Council is hereby authorized and empowered to establish from time to time such rules and regulations as may be necessary and reasonable for the proper maintenance and operation of such motor vehicle junk businesses or motor vehicle junkyards.
No licensee under this Article or his servant, agent or employee shall receive in the line of business while maintaining, operating or conducting a motor vehicle junk business or motor vehicle junkyard any article or thing described in this Article by way of pledge or pawn; nor shall the licensee, his servant, agent or employee loan or advance any sum of money on the security of any such article or thing.
No licensee under this Article or his servant, agent or employee, in the carrying on of the trade or business of a motor vehicle junk business or motor vehicle junkyard, shall cause to be burned or maintain a fire for the purpose of burning within the licensed premises any part of used motor vehicles, provided that this provision shall not prohibit the use of acetylene torches in reconditioning or salvaging any old motor vehicle or parts thereof.
The regulation of premises wherein used motor vehicles are dismantled and the used parts of motor vehicles stored, offered for sale or sold shall be under the control of the Police Department, and the enforcing of the provisions of this Article shall be under the control and supervision of the Police Department.
[Added 5-18-1982 by Ord. No. 16-82]
Any person who violates any of the provisions of this Article shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment for a period not exceeding ninety (90) days, or both.