As used in this article, the following terms shall have the
respective meanings ascribed to them:
Semiprecious metals including but not limited to iron, tin,
lead, zinc, copper, and aluminum, and all other semiprecious metals
and their alloys, and bones, rags, cloth, rubber, rope, tinfoil, bottles,
old cotton, mechanical garden tools, utensils, dismantled or used
plumbing fixtures, appliances or parts, dismantled or used water heaters,
fixtures, fittings, pipes or parts, used lawn hose or harness, doors,
window sash or glass, metals or parts thereof, or any character of
unserviceable buildings or building materials, and houses to be wrecked.
The term “junk” shall include unserviceable or secondhand
automobiles purchased from the general public for the purpose of being
dismantled, together with the purchase of unserviceable or used parts
and accessories, not including tires and tubes.
Any person buying, selling, receiving for storage or as pledge
for the payment of moneys loaned, or in any way acquiring or dealing
in junk, but shall not include licensed pawnbrokers, the operator
of a junk wagon, as hereafter defined, nor any person purchasing junk
from licensed junk dealers exclusively.
A scrap tire or scrap tire piece that can no longer be used
for its original intended purpose.
Every wagon operating in the city for the purpose of purchasing,
collecting or gathering up or selling junk throughout the city or
any portion thereof.
Any person who shall engage in the business of purchase,
sale, barter, trade, consignment or exchange for secondhand goods,
wares or merchandise, whether in a fixed and established location
of business or otherwise; provided, transactions involving a trade-in
of goods, wares or merchandise on the purchase of other goods, wares
or merchandise where no cash is paid to the person making such trade-in
shall not be defined as the business of a secondhand dealer.
(1990 Code, sec. 3.201; Ordinance 05-084, sec. 1 (3.201), adopted 7/12/05)
(a)
It shall be unlawful for any person to store or keep any articles
or materials which may be classified as junk adjacent to or in close
proximity to any schoolhouse, church, public park, public grounds,
business building or residence unless enclosed in a building or unless
entirely screened from public view by a wall, solid fence or other
screening device.
(b)
A business involved in the sale and/or repair of tires may temporarily
store junk and reusable tires outdoors subject to the following regulations:
(1)
Outside areas used for the storage of junk or reusable tires must
be located at least ten feet from any building, must be completely
screened by a minimum six-foot tall privacy fence with a lockable
gate, and may not be located in the front yard.
(2)
No more than 500 junk or scrap tires may be stored outside at any
one time.
(3)
No more than 100 used or reusable tires may be stored outside at
any one time.
(4)
A privacy fence must be wood, masonry, or chain link with plastic
webbing. Canvas, tarps, or similar materials may not be used as screening
devices or as part of a privacy fence.
(5)
Tires may not be stored higher than the privacy fence.
(6)
A business and/or property owner must institute measures to control
disease vectors (mosquitoes, rats, snakes) and must monitor tires
stored outside for vectors at least once every two weeks.
(7)
A business and/or property owner must comply with all state regulations
regarding the storage, transportation, and disposal of junk and reusable
tires.
(8)
Beginning on April 1 and ending on August 31 of each year, each business
involved in the sale and/or repair of tires shall arrange for the
transportation and disposal of all junk tires on at least a weekly
basis. Such transportation and disposal shall be conducted by a contractor
licensed to conduct such transportation and disposal.
(c)
In lieu of outdoor storage, a business involved in the sale and/or
repair of tires may temporarily store junk tires inside a properly
licensed and registered vehicle or cargo trailer, that is legally
parked on an approved parking surface or in a single International
Organization for Standardization (IOS) or similar cargo or storage
container not exceeding twenty (20) feet in length. A storage container
may not be stored in the front yard. Unregistered or junked vehicles
or trailers may not be used for storage.
(1990 Code, sec. 3.202; Ordinance 05-084, sec. 1 (3.202), adopted 7/12/05; Ordinance 05-092, sec. 1, adopted 7/26/05)
(a)
All keepers of junk shops, and all secondhand and junk dealers doing
business or offering to do business in the city shall at all times
keep on hand a permanently bound record on forms acceptable to the
chief of police, which shall be legibly written, at the time any junk
or secondhand article is purchased or deposited, including any mark,
brand, monogram, letter, or word blown, stamped, etched or otherwise
permanently marked on the item, for any purpose with such dealer an
accurate description in the English language of the articles purchased
or deposited, the amount of money paid for the same or loaned thereon,
and the date and hour of purchase or deposit thereof, the name, age,
sex, signature, residence address, race, nationality, driver’s
license or other current identification card issued by a state or
other governmental entity, and the approximate height and weight of
the person selling or depositing such article together with the name
of the state issuing the license and the number of the license of
the vehicle in which such article was delivered to said dealer. Each
entry must be signed by such dealer and by the person selling or depositing
such article, and shall at all times be open to the inspection of
the chief of police or any member of the police force of the city,
or any other law enforcement officer. The permanent record required
by this subsection shall be preserved for a period of at least two
(2) years past the date of last entry made therein. The requirements
of this subsection do not apply to a person who purchases aluminum
cans.
(b)
Each business involved in the sale and/or repair of tires shall maintain
copies of all manifests relating to the transportation and disposal
of any junk tires. Such records shall be maintained for a period of
two (2) years from the date of transportation and/or disposal, and
shall be made available to any representative of the city, upon request,
for review and inspection.
(1990 Code, sec. 3.203; Ordinance 05-084, sec. 1 (3.203), adopted 7/12/05)
All merchandise or articles purchased by or deposited with any
such dealer shall at all times be open and available to inspection
by the chief of police or any properly designated police officer.
Failure to permit inspection by the chief of police or any police
officer of the city shall constitute an offense.
(1990 Code, sec. 3.204; Ordinance
adopting Code)
