The purpose and intent of this article is to provide a uniform
and comprehensive set of standards for wrecking and salvage yards
within the city limits.
(Ordinance 442 adopted 7/11/2023)
The following words, terms, and phrases when used in this article
shall have the meaning ascribed to them in this section except where
the context clearly indicates a different meaning.
Solid.
Constructed and maintained so that the outer surface thereof
is continuous and without interstices, gaps, spaces, or holes. This
shall not be construed to prohibit any spaces or gaps left by a property
constructed and maintained chainlink fence with strips or slats as
hereinafter provided.
Wrecking and salvage yard.
Any lot or tract of land whereon three (3) or more discarded,
abandoned, junked, wrecked, or worn-out automotive vehicles, including
but not limited to autos, trucks, tractor-trailers, trailers, watercraft,
heavy equipment, outdoor power equipment, powersport equipment (motorcycles,
atv's, utv's), travel trailers, recreational vehicles, motorhomes,
and/or buses, are kept or stored for the purpose of disassembling,
dismantling, cutting up, stripping, repairing, or otherwise wrecking
such vehicles to extract therefrom parts, components, or accessories
for sale or for use in automotive repair or rebuilding business.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 13(A); Ordinance 442 adopted 7/11/2023)
All oil, gasoline, and other flammable liquids shall be completely
drained and removed from any junked, wrecked, or abandoned vehicle
before said vehicle is placed in any wrecking and salvage yard in
the city.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 13(E); Ordinance 442 adopted 7/11/2023)
(a)
Required; height.
Every wrecking and salvage yard,
within the city shall be completely surrounded and enclosed by a solid
fence or wall as follows:
(1)
Any side of such yard which extends generally parallel to and
within one hundred feet (100') of any public street right-of-way shall
be bounded by a solid fence or wall at least eight feet (8') in height.
(2)
All sides of such yard not included in subsection
(1) above shall be bounded by a solid fence or wall at least six feet (6') in height.
(b)
Construction and maintenance.
Every fence or wall
herein required shall be constructed and maintained as follows:
(1)
All fences shall be constructed of wood, masonry, corrugated
sheet metal, chainlink, or any combination thereof; provided, however,
that any one (1) side of an wrecking and salvage yard, shall be bounded
by a fence or wall constructed of only one (1) of the above materials.
(2)
Chainlink fences shall be constructed of galvanized chainlink
fencing with wood or metal slats or strips run through all links of
the chainlink fence.
(3)
All fences or walls shall extend downward to within three inches
(3") of the ground and shall test plumb and square at all times.
(4)
All fences or walls shall be constructed in compliance with
all applicable provisions of the building code of the city.
(c)
Use of wall or door of building.
Any part of a
fence or wall required by this article may consist in whole or in
part of a solid wall and door, or walls and doors, of any completely
enclosed building on said premises, if such wall or door meets all
construction requirements hereinabove set forth.
(d)
Gates.
Openings in the prescribed enclosure which
are necessary to permit reasonable access to said wrecking and salvage
yards shall be equipped with a solid gate or gates, constructed and
maintained in accordance with the requirements for a fence or wall
hereinabove set forth. Such gates shall be closed and securely locked
at all times except during normal daytime business hours.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 13(F)–(I); Ordinance 442 adopted 7/11/2023)
It shall be unlawful for any owner, operator, or his agents
or employees to display, store, or work on any junked or wrecked automotive
vehicle, or the parts, accessories or junk therefrom, outside of or
above the herein required fence or wall.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 13(J))
All automotive vehicles, parts, and other materials located
in or on the premises of any automotive wrecking and salvage yard
in the city shall be so arranged to allow reasonable access to and
inspection of the premises by authorized fire, health, police, and
building officials of the city.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 13(K))
A person violating a provision of this article shall, upon conviction,
be punished by a fine of not less than $50.00 and not more than $200.00
for a first conviction, and by not less than $200.00 and not more
than $500.00 for each additional conviction. Each and every day's
violation shall constitute a separate and distinct offense.
(Ordinance 442 adopted 7/11/2023)
All regulations provided in this article are hereby declared
to be governmental and for the health, safety and welfare of the general
public. Any member of the city council or any city official or employee
charged with the enforcement of this article, acting for the city
in the discharge of his or her duties, shall not thereby render himself
or herself personally liable, and he or she is hereby relieved from
all personal liability for any damage that might accrue to persons
or property as a result of any act required or permitted in the discharge
of said duties.
(Ordinance 442 adopted 7/11/2023)
No person shall exercise, carry on, or engage in the business
of operating an automotive wrecking and salvage yard unless such person
first obtains a license to do so from the city. A separate license
shall be required for operators of automotive wrecking and salvage
yards for each place of business.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 13(B))
Any person desiring a license required herein shall make application
therefor in writing to the city secretary stating where the business
is to be located and the residential address of the owner and the
manager. Upon receipt of such application, the city secretary shall
investigate the applicant and shall determine whether or not the license
should be issued or refused. If the city secretary shall refuse the
issuance of the license, he shall do so in writing, stating the reasons
for such refusal. The applicant may, within ten (10) days of the receipt
of the written refusal, appeal the decision of the city secretary
to the city council, provided he does so in writing. The city council
shall then decide the matter, and their decision shall be final.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 13(C))
The license fee for each automotive wrecking and salvage yard
shall be fifty dollars ($50.00) per annum payable on the first (1st)
day of April of each year.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 13(D))