Any person violating any of the terms and conditions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 78-47, sec. 6, adopted 12/19/78; Ordinance adopting 2022 Code)
Any place used or maintained by any person, partnership or corporation as a scrap and salvage yard or dumping ground, or for the wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked, or abandoned automobiles, trucks, tractors, stoves, refrigerators, or machinery of any kind, or of any of the parts thereof, or for the maintenance or operation of such place for the accumulation of rubbish of any description, is hereby declared to be a public and common nuisance, being obnoxious and offensive to the inhabitants of the city because of its interference with the comfortable enjoyment of life and property by said inhabitants, and is prohibited within the city limits unless the same is conducted in the manner stated, following the payment of the license fee hereafter prescribed.
(Ordinance 78-47, sec. 1, adopted 12/19/78)
Any person, partnership, or corporation desiring to use or maintain any property within the city for any of the purposes mentioned in section 4.10.002 hereof shall make written application to the city secretary for a license, which said application shall set forth the name and address of the applicant and a legal description of the property or premises upon which said business is to be conducted, and the city secretary shall have the power either to grant or reject such application. If the application is granted, a license to operate such business shall be issued by the city secretary upon the payment of a fee as set forth in the fee schedule in appendix A of this code. Any license so issued shall expire on January 1 next succeeding the date of its issuance, but may be renewed from year to year in like manner as is provided for the original license.
(Ordinance 78-47, sec. 2, adopted 12/19/78; Ordinance adopting 2022 Code)
Any person, partnership, or corporation granted a license as provided for in section 4.10.003 hereof shall keep the premises used in the operation and maintenance of said business in a neat and orderly condition. The property and premises on which such business is conducted shall be enclosed by a tight board, brick, block, or solid metal fence at least 8 feet high, and said fence, should it be of boards, said boards shall be of a minimum width of four inches and shall not exceed one inch in spacing when erected, shall be kept in a neatly painted condition, and no scrap and salvage of any character, or parts, or machinery of any kind shall be allowed to remain outside or extend over such fence. Entrance to said enclosure shall be by an opening not to exceed fifteen feet in width, and provided with gates in accordance with the fence specifications used for said enclosure. Any existing business of this character now being operated and maintained in the city shall be allowed six months within which to construct a fence of the kind and character required hereby, and to conform to the provisions of this article.
(Ordinance 78-47, sec. 3, adopted 12/19/78)
At the discretion of the city commission, exception may be made to the provisions requiring the premises to be fenced, on one or more sides, where application is made to the city in writing and it is shown that the exception will not interfere with the purpose and intent of this article and it will be unduly burdensome on the owner unless the exception is granted. When application for exception is made, a public hearing before the city commission will be set by the city secretary not less than 15 days, or more than 20 days, after said application is received. Notice of said hearing will be given at the expense of the applicant in a daily newspaper in the city. When exception is granted by the commission, said exception will be made of record in the minutes of the proceedings of the city commission at the time the same is made.
(Ordinance 78-47, sec. 4, adopted 12/19/78; Ordinance adopting 2022 Code)
The city commission shall have the power to revoke the license provided for herein at any time for good cause, but only after notice has been given to the owner or owners of the business of a hearing to be held not less than 10 days after the service of such notice.
(Ordinance 78-47, sec. 5, adopted 12/19/78)