The following definitions shall be applied throughout this chapter. Where no definition is specified, the normal dictionary usage of the word shall apply. (Ref. 16-240 RS Neb.)
JUNK
The term "junk" as used in this Code shall include scrap metals, scrap materials, whether they are liquids, solids, or gases, branches of trees, and dismantled or wrecked automobiles, tractors, and machinery or parts thereof.
JUNK DEALER
The term "junk dealer" as used in this Code is hereby defined as meaning, and shall include any person engaged in the business of buying, selling, receiving, collecting or dealing in metal scraps, scrap iron, metals of any kind and in any form, bottles, rags and used tires; the dismantling or taking apart of automobiles, other than for repair, or the wrecking of automobiles; the storage of automobiles unfit for operation; the storage of automobile bodies and parts thereof; the storage of automobiles or parts thereof kept for salvage; the storage of scraps from automobiles; or the storage of iron, metals or junk.
JUNK YARD
The term "junk yard" as used in this Code is hereby defined as meaning, and shall include any place in the Municipality where or from which any person shall conduct, engage in, or carry on the business of junk dealer as herein defined.
It shall be unlawful for any person to own, operate, or hold open for public use any junk yard as herein defined without first obtaining a license to do so from the Municipality. Application for a license to own, operate, or hold open for public use any junk yard shall be made in writing to the Municipal Clerk and shall require such information and documents, or copies thereof, that the Governing Body deems necessary to determine whether to grant or reject the said application. Upon approval of the application, the Municipal Clerk shall issue the license upon the payment of a fee set by resolution of the Governing Body. The licensee shall then be subject to any occupation taxes, bond requirements, and other rules and regulations which the Governing Body may determine to be beneficial to the Municipality. Any such bond shall be set by resolution of the Governing Body and will be conditioned upon the faithful observance of the provisions of this Code. The bond shall be held for the benefit of any person who may suffer damage by the improper management of the said junk yard. (Ref. 69-202 RS Neb.)
The owner of the premise upon which a junk yard is located shall be equally responsible with the operator, director, or employee thereof to see that the provisions of this Code will not be violated. In the event the provisions of this Code are violated, he shall be equally liable with the operator, director, or employee for the said violation of the provisions herein.
The Municipal Police, health officials, and the Governing Body shall have the power and authority to inspect and examine the premise on which a junk yard is located; Provided, that the said inspection is at a reasonable time. Upon a finding that the owner, operator, director, or employee has allowed a health or safety hazard to develop, the Governing Body shall give written notice to the owner to remove the said health hazard within 30 days. (Ref. 69-204 RS Neb.)
Any junk yard that becomes a danger to the public health, or is not operated in the manner herein provided, shall be deemed to be a public nuisance after the said thirty-day period of grace. The Governing Body shall then request the Municipal Attorney to prosecute the owner, operator, director, or employee of the said nuisance for violation of the provisions of this ordinance. (Ref. 18-1720 RS Neb.)
Any person who shall be engaged in the junk business shall keep a book which shall be legibly written in ink at the time of any purchase of goods or articles at the time the same was received and the name, residence, and description of the person doing the selling. The said book, as well as the article purchased, shall be at all reasonable times subject to the inspection of the Governing Body or any member of the Municipal Police. (Ref. 69-204 RS Neb.)
Any area or parcel of land used as a junk yard shall not have more than two entrances and two exits each of which shall not exceed 15 feet in width at the perimeter of the premise. Such premise or parcel of land shall be enclosed with either a solid nontransparent wall or fence or link-weave steel wire, or combination thereof, with a minimum height of seven feet from the ground level, except for entrances and exits. The fence shall not contain any poster or advertising of any kind except one sign of the licensee not exceeding 100 square feet.
Any person who owns, operates, directs, or is employed by a junk yard shall make a diligent and continuous effort to exterminate all rats, mice, and other harmful rodents frequenting the said junk yard. (Ref. 18-1720 RS Neb.)