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.)
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.
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.
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.)
