Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
article:
All worn-out, worthless, discarded or secondhand material
or equipment, in general, including any scrap metal, bottles, glass,
paper, cordage, junked vehicles, machinery and equipment and/or parts
thereof.
A yard, lot or place, covered or uncovered, containing junk,
upon which occurs one or more acts of buying, storing or keeping,
dismantling, processing, selling or offering for sale any such junk,
in whole or by parts, for a business or commercial purpose, regardless
whether or not the proceeds from such act or acts are to be used for
charitable purposes or such location is a primary or incidental use
of such property.
(2001 Code, sec. 4.301)
Hereafter, any place being used or maintained by any person,
partnership or corporation for a junkyard is hereby declared to be
a public and common nuisance and is hereby prohibited within the city
limits unless its operation and maintenance is conducted in accordance
with these regulations and a permit to operate or maintain such junkyard
has been issued by the city council.
(2001 Code, sec. 4.302)
No junkyard hereafter permitted shall be allowed to operate
within five hundred (500) feet of any residential dwelling within
the city, except those junkyards presently in operation on the effective
date of this article shall be allowed to continue to operate even
if located near a residential dwelling provided a permit has been
secured in accordance with these regulations.
(2001 Code, sec. 4.305)
The following requirements shall be met by all owner(s) of any
junkyard within the city:
(1)
Contents to be kept in orderly condition.
The junk or
rubbish or salvage to be placed within the premises of a junkyard
shall be kept in an orderly condition allowing sufficient space on
each side so an individual may be able to walk among junk or rubbish
or salvage and inspect the premises and to permit easy access to all
junk for firefighting purposes.
(2)
Yards must be open to inspections.
All junkyards must
be open to inspection by law enforcement officials, health department
representatives, fire department officials and building inspectors.
Such inspections shall be for the purpose of ascertaining whether
any health, safety or sanitary violations exist and to assist in locating
stolen or lost property.
(3)
Draining of flammable liquids and oil.
It shall be the
duty of the owner(s) of the junkyard to see that the automobiles,
trucks, tractors or machinery of any kind which is kept within the
premises is drained of all flammable liquids and oils.
(4)
Screening fence.
(A)
The property and premises of such junkyards shall be enclosed by
a fence at least six feet (6) in height, measured from ground level,
and of material which obscures the view. Said fence shall be kept
in good repair at all times and no junk of any character, or parts
or machinery of any kind, shall be allowed to remain outside of such
fence. However, any person operating such junkyard in the city shall
be allowed ninety (90) days from the effective date of their permit
within which to construct a fence of the kind and character required.
(B)
Such fence enclosing the junkyard shall not be used for bill postings
or for other advertising purposes, except a space not larger than
fifty (50) square feet which may be used for the advertisement of
the junkyard and if not in violation of the city’s sign or zoning
regulations.
(5)
Contents not to collect water.
It shall be the duty
of the owners of the junkyard to see that the contents of said junkyard
will not be placed in a position whereby they will collect water,
thus becoming a breeding place for mosquitoes.
(6)
Standing water prohibited.
No water shall be allowed
to stand in any place on the premises in such manner as to afford
a breeding place for mosquitoes.
(7)
Weeds.
Weeds and other uncultivated growth on the premises,
other than trees, shrubs and bushes, shall be kept at a height of
not more than twelve inches (12").
(8)
Garbage and other waste.
No garbage or other waste shall
be kept on the premises, nor shall any refuse of any kind be kept
on the premises unless such refuse is junk as defined herein and in
use on the permitted premises.
(9)
Burning.
The burning of rubbish, trash, automobiles
or any parts thereof, or other junk, shall not be permitted.
(10)
Junk off of premises or stored above height of fence.
No junk shall be allowed to rest upon or protrude over any public
street, walkway or curb or become scattered or blown off the premises
of such junkyard. Also, the owner(s) shall not allow or permit junk
to be stored at a height exceeding the height of the fence enclosing
the premises.
(11)
Dismantling of appliances and other junk.
All junk,
including but not limited to refrigerators, stoves, washing machines
and dryers, shall be rendered in such a manner to prevent entrapment.
All refrigerators and freezers not stored in a lockable structure
shall have the doors removed. All junk stored or accumulated on said
premises shall be dismantled in such a manner so that it does not
constitute a public safety hazard.
(12)
Combustible material; fire hazards.
No combustible material
of any kind not necessary or beneficial to the permitted business
shall be kept on the premises, nor shall the premises be allowed to
become a fire hazard.
(2001 Code, sec. 4.306)
(a)
Any
person desiring to use or maintain any property within the city for
the purpose of a junkyard shall make written application to the city
manager for a permit. Said application shall set forth the name and
address of the applicant and legal description of the property or
premises upon which the junkyard is proposed or conducted and any
other information or evidence required or desired to consider the
application. Upon receipt of such application, the city council shall
decide in its discretion whether to approve or reject the application
at its next regularly scheduled meeting. In considering said application,
the city council shall take into account the nature and development
of surrounding property, the proximity of churches, schools, hospitals,
public buildings and other places of public gatherings, the health,
safety and general welfare of the public and the suitability of the
applicant to operate and/or establish and maintain such a yard or
business. If the city council approves the application, the city manager
shall issue a permit to the applicant upon the payment of the permit
fee.
(b)
All
existing junkyards in operation or being maintained prior to the effective
date of this article shall be required to make application for a permit
within sixty (60) days from the effective date of this article and
to comply with all general regulations hereof.
(2001 Code, sec. 4.303)
(a)
Before
any permit is issued to operate or maintain a junkyard, the applicant
shall pay an annual fee as provided for in the fee schedule found
in appendix A of this code. Any permit issued shall be valid for one
(1) year from the date of its issuance but may be renewed from year
to year in a like manner as is provided for in the original permit.
(b)
The
city council shall have the power to revoke any permit for a junkyard
granted by them at any time for violation of any provisions of this
article, but only after notice has been given to the owner(s) and
a hearing held not less than ten (10) days after the service of such
notice.
(2001 Code, sec. 4.304)
