[HISTORY: Adopted by the Town Board of the Town of Sheboygan as Sec. 4.02 of the 1983 Code. Amendments noted where applicable.]
A. 
Without first obtaining a license as herein provided, no person or persons, association, partnership, firm or corporation shall hereafter in the Town:
(1) 
Keep, conduct or maintain any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly, or continually, or for the buying or selling at retail or wholesale or dealing in any old, used, or secondhand materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, brass, copper, or other metal (ferrous or nonferrous), furniture, used motor vehicles or the parts thereof, or other articles which from its worn condition renders it practically useless for the purpose for which it was made and which is commonly classed as junk.
(2) 
Keep, conduct or maintain any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly, or continually, any scrap metal (ferrous or nonferrous) where same is processed by either being cut, dismantled, or compressed in bales, which business is more commonly known as "metal processing."
(3) 
Keep, conduct or maintain any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly, or continually, or for buying or selling at retail or wholesale used motor vehicles for use of their parts or as scrap.
B. 
Anyone carrying on any of the aforesaid businesses shall be referred to herein as a "junk dealer."
Application for a license to engage in the business of a junk dealer shall be filed with the Building Inspector upon a form provided by the Town and shall be signed by the applicant or applicants. Said application shall state:
A. 
The names and residences of the applicants, if an individual, partnership, or firm, or the names of the principal officers and their residences if the applicant is an association or corporation.
B. 
The length of time such applicant or applicants, if an individual, firm or partnership, or the manager or person in charge, if the applicant is a firm or corporation, has or have resided in the Town of Sheboygan, his or their places of previous employment, whether married or single, whether he or they or any of them have been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
C. 
Whether the applicant or applicants or officers or manager of the applicant have been employed by a junk dealer or have been a junk dealer.
D. 
The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold or otherwise handled.
E. 
The exact legal description and street address of the premises used or to be used as a junkyard, and the zoning thereof.
Every application for a license to engage in the business of junk dealer shall be executed and acknowledged before a notary public or other officer authorized to administer oaths in the County of Sheboygan.
A. 
Before the application is forwarded to the Town Board, the Building Inspector shall examine and check the description of the application with the premises used or to be used as a junkyard, and shall sign the statement attached to the application as to the correctness of the description. The applicant, if required by the Building Inspector or the Town Board, shall also submit the application to the Plumbing Inspector, Fire Chief and Health Officer, who shall inspect the premises and sign the statements attached to the application, stating whether the premises comply with all ordinances, laws, rules and regulations.
B. 
The premises and all structures thereon shall be so situated and constructed that the business of junk dealers may be carried on in a sanitary manner, shall contain no fire hazard and shall be arranged so that thorough inspection may be made at any time by the building, plumbing, fire, police and health authorities. Upon proper execution of the application and the payment of the required license fee to the Town Clerk; the application shall be filed with said Clerk. The Clerk shall forward the application to the Town Board at a regular or special meeting called for that purpose. A majority vote of the members present shall authorize the issuance or denial of a license. No such permit shall be issued by the Clerk until favorable action upon the application thereof is first had by the Town Board.
C. 
No building shall be used for the business of junk dealing unless it shall be of fireproof construction or constructed of noncombustible materials, except that this subsection shall not apply to buildings which are being used on or before June 14, 1946, in the business of junk dealing.
A. 
All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junk business, the date of issuance and the expiration of the license, and the name and address of the licensee.
B. 
No license as a junk dealer shall be granted to any person, firm or corporation who shall have been convicted within one year prior to the date of the application of a violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Each junk dealer shall pay an annual license fee as established in the Town's current Fee Schedule, on file in the Town offices. All licenses shall be issued as of July 1 and shall continue in force until June 30 next succeeding the day of issuance thereof, unless sooner revoked as provided by law.
Every holder of a junk dealer's license shall at all times keep the license posted in a conspicuous place on the premises described in the application for such license. No person shall post such license or permit it to be posted upon any premises other than those mentioned in the application, or knowingly deface or destroy the license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Whenever a license shall be lost or destroyed, without fault on the part of the holder or his agent or employee, a duplicate license shall be issued by the Town Clerk upon the filing of an affidavit setting forth the circumstances of the loss or destruction and upon the payment of a fee as established in the Town's current Fee Schedule, on file in the Town offices.
Every junk dealer's license shall designate the place of business in or from which the junk dealer who received such license shall be authorized to carry on such business. No licensee shall remove his place of business from the place designated in the license until a written permit has been secured from the Town and the same shall have been endorsed upon the license. All licenses affected by such change shall be altered to contain the new address.
The Building Inspector may formulate reasonable rules and regulations relating to the conduct of the business of junk dealing, which shall be designed to protect the health of the community. No junk dealer shall violate any such rule or regulation.
Each licensed junk dealer shall furnish to any peace officer of the Town, County of Sheboygan, or State of Wisconsin such information as he may require to ascertain the names of the seller or sellers of any junk or articles which have been purchased by the junk dealer.
A. 
The contents of the premises of every junk dealer shall be arranged in an orderly manner with all similar things located together so as to facilitate inspection by the proper authorities. The premises of every junk dealer shall be subject to inspection by the Town or other proper authorities at any time.
B. 
All paper that is stored shall be baled and all rags kept shall be baled or bagged, and both shall be kept within a building on the premises.
C. 
The wrecking or storage yard shall be fenced by a painted tight board fence or other structure at least seven feet high, constructed so that no dust or other materials may pass through. Said enclosure shall be maintained in good condition at all times, and no articles or materials shall be piled so as to protrude above the enclosure.
D. 
No premises shall be used for carrying on the business of a junk dealer unless said premises are located more than 300 feet from any residential building, school building or other public building.
A. 
Upon complaint being made in writing by any Town official or resident of the Town that any licensee has violated any of the provisions of this chapter, such complaint shall be turned over to the Town Board, who shall summon such licensee to appear before it at the time specified in the summons, which shall not be less than three days after the date of the service thereof, to show cause why his license should not be revoked. The Town Board shall proceed to hear the matter and a majority vote of the members present shall determine whether such junk dealer's license should be revoked or not.
B. 
Whenever any license shall be so revoked, no refund of any unearned portion of the fee therefor shall be made and no license shall be granted to any person, firm, partnership, association or corporation whose license has been so revoked within a period of one year from the date of such revocation. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Town Clerk upon the person, firm, partnership, association or corporation named in the application by mailing the same to the address given in the application and upon filing a copy of same in the office of the Town Clerk.
Any person, firm, or corporation who, by himself or itself, or by his or its clerk, agent, or employee, shall conduct the business of a junk dealer as herein defined without the license required by this chapter, or shall violate any of the provisions of this chapter, or who, having had his, its, or their license revoked, shall continue as a junk dealer, shall be subject to a penalty as provided in Chapter 1, General Provisions, Article II, General Penalty, of this Code. A separate violation shall be deemed committed on each day on which a violation of any provision of this chapter occurs or continues. In addition to the penalties imposed, the license of the person, persons, firm, association, partnership, or corporation violating the same shall be cancelled or revoked.