For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Automobiles, buses, trucks, motorcycles and any other motorized
vehicle.
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.
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.
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 or purchase from any minor any articles, goods or things described in the definition of "motor vehicle junk business" in § 116-23.
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 used motor vehicle or part thereof shall be placed by a licensee
under this Article on the sidewalk, or any part thereof, nor shall
the licensee use the street or any part thereof for the storage, dismantling,
sale or offer for sale of any used motor vehicle or parts thereof.
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.
All licensed premises under this Article shall be subject to
inspection at all times by the members of the Police Department and
other representatives of the city.
[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.
