[HISTORY: Adopted by the Town Council of the Town of North Smithfield 6-16-1964 (Ch. 11, Art. II, of the 1994 Code). Amendments noted where applicable.]
[Amended 9-28-1965]
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE JUNKYARD
A place where one or more unserviceable, discarded, worn out or junked automobiles or bodies, engines, tires, parts or accessories thereof are gathered together.
[Amended 9-28-1965; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Town Council may issue and revoke at pleasure licenses to all persons applying therefor, permitting selling, purchasing, bartering and dealing in junk, old metals and any other secondhand articles, and operating or maintaining automobile junkyards for a period of not more than one year, commencing on December 1 in each year and also charge and collect fees for such licenses in amounts as set from time to time by the Council.
A. 
Every applicant for a license required by this chapter shall make application in writing, setting forth:
(1) 
Name and address, both of residence and of business of the applicant.
(2) 
Business or employment of the applicant during the five years next preceding application.
(3) 
Age of applicant.
B. 
Such application shall be referred to the Zoning Inspector for his approval or disapproval before being acted upon by the Town Council.
[Amended 9-28-1965]
A. 
The Town Council, before granting a license under this chapter to keep a shop or storehouse for the reception of any junk, old metals or other secondhand articles, or to establish, operate or maintain an automobile junkyard in any location not lawfully occupied for such purpose at the time of the application for such license, shall hold a public hearing, notice of which shall be posted at least seven days, but not more than 14 days, prior to said hearing in not less than two public places in the Town and in a newspaper of general circulation in the Town; provided, however, before the Council shall post or publish notice of a hearing, it shall collect from the applicant for such license a fee in an amount as set from time to time by the Town Council, plus the cost of posting and publishing the notice.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
No license shall be granted under this chapter to the keeper of any shop or storehouse for the reception of any junk, old metals or other secondhand articles, or to a person establishing, operating or maintaining an automobile junkyard in any location not lawfully occupied for such purpose at the time of the application for such license, where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the Town Council their objection to the granting of such license; provided, however, this subsection shall not apply to any applicant who is the keeper of such a shop or storehouse, or automobile junkyard which is being acquired under eminent domain proceedings who is applying for a license elsewhere in the Town.
[Amended 9-28-1965]
No license shall be granted for an automobile junkyard under § 204-2 unless:
A. 
It is to be operated and maintained entirely within a building; or
B. 
It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or
C. 
It is:
(1) 
More than 1,000 feet from the nearest edge of any highway on the interstate or primary system;
(2) 
More than 600 feet from any other state highway;
(3) 
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
(4) 
Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high acceptable to the Town Council, in accordance with regulations as promulgated by the director of public works and as specified on said license.
[Amended 9-28-1965]
A. 
Notwithstanding any other provisions of this chapter, except § 204-7, it shall be a misdemeanor to operate or maintain an automobile junkyard unless:
(1) 
It is to be operated and maintained entirely within a building; or
(2) 
It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, or contiguous to a railroad siding, or on or contiguous to docking facilities; or
(3) 
It is:
(a) 
More than 1,000 feet from the nearest edge of any highway on the interstate or primary system;
(b) 
More than 600 feet from any other state highway;
(c) 
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
(d) 
Is screened from view either by natural objects or well constructed and properly maintained fences at least six feet high.
B. 
It shall be the duty of the police of this Town to enforce this section, and any person violating this section shall, upon conviction for the first offense, be punished by a fine of not less than $50 nor more than $100, or by imprisonment for not less than 10 days nor more than 30 days, or by both such fine and imprisonment; and shall for a second or subsequent conviction be fined not less than $100 nor more than $500, or by imprisonment for not less than 30 days nor more than six months, or by both such fine and imprisonment.
[Amended 9-28-1965]
The provisions of § 204-5A, B, C(2) and (3) and § 204-6 shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to § 204-2 hereof and R.I.G.L. § 31-5-28 (now repealed) on the date of passage of the ordinance from which this section is derived.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Each person purchasing or receiving old or used metals other than junked automobiles or automobile parts shall maintain a record of each purchase or receipt. The record shall include the date of the transaction, the name, address, telephone number and signature of the person from whom the old or used metals are purchased or received, a description of the old or used metals, and the price paid for the old or used metals. The records so kept shall be produced at the request of law enforcement officials.
[Amended 9-28-1965]
Any person carrying on a business pursuant to this chapter without license required by this chapter, or in violation of any ordinance or regulation made as herein authorized, shall be fined for any one offense not exceeding $500 or imprisoned not exceeding six months.