The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Acceptable identification"
means either:
A. 
A current driver's license that includes the date of birth, photograph, and physical description of the person offering the identification; or
B. 
Two other pieces of current identification, at least one of which is issued by a governmental agency or subdivision and includes the date of birth, photograph and physical description of the person offering the identification.
"Police chief"
means the Chief of Police of the City of Revere or the police chief's designees.
"Regulated property"
means the following used property:
A. 
Precious metals, including but not limited to, any metal valued for its character, rarity, beauty or quality, including gold, silver, copper, platinum or other metals, whether as a separate item or in combination with other items.
B. 
Precious gems, including but not limited to, any gem valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or other precious or semi-precious gems or stones, whether as a separate item or in combination with other items or as a piece of jewelry.
C. 
Watches and jewelry containing precious metals or precious gems, including but not limited to, rings, necklaces, pendants, earrings, brooches, chains, pocket watches, wrist watches, or stop watches.
D. 
Sterling silver flatware, including but not limited to, knives, forks, spoons, candlesticks, coffee and tea sets, or ornamental objects.
E. 
Any electronic audio, video or photographic and optical equipment.
F. 
Any power tools or equipment.
G. 
Musical instruments.
H. 
Sporting equipment.
I. 
Collectible items such as statuary and trading cards.
"Secondhand collector"
means every person who, by going from place to place, collects by purchase or receives by way of barter or exchange regulated property within the city, whether or not by previous contract or arrangement, or whether or not such person resides or has a principal or usual place of business therein, and who shall be subject to the provisions of this section. The term "secondhand collectors" wherever used in this article shall be deemed to include every such person. As used in this article the term "secondhand collector" shall have the same meaning as the term "junk collector" as the same is as defined in G.L. c. 140 § 56.
"Secondhand dealer"
means every person who keeps a shop within the limits of the City for the purchase, sale or barter of regulated property and who shall be subject to the provisions of this article relative to secondhand dealers and secondhand collectors. The term "secondhand dealer" wherever used in this article shall be deemed to include every person defined in this section. The term is not meant to include the activity of any federal, state or local government or governmental subdivision or agency, or of any church or religious organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code. As used in this Ordinance the term "secondhand dealer" shall have the same meaning as the term "junk dealer' as the same is defined in G.L, c. 140 § 56.
(C.O. 11-348, § 1, 12/19/2011)
A. 
A secondhand dealer or secondhand collector shall not make any cash purchase in an amount that exceeds forty dollars per transaction.
B. 
A secondhand dealer or secondhand collector shall not engage in consignment sales.
(C.O. 11-348, § 1, 12/19/2011)
No secondhand dealer or secondhand collector shall directly or indirectly either purchase or receive by way of barter or exchange regulated property from a minor, knowing or having reason to believe him to be such.
(C.O. 11-348, § 1, 12/19/2011)
Every license to be a secondhand dealer or a secondhand collector shall have printed thereon the provisions of G.L. c. 140 §§ 54—56 and §§ 202—205 and the provisions of this article, and such license shall state that it is granted upon the condition that the licensee conform to the rules, regulations and restrictions.
(C.O. 11-348, § 1, 12/19/2011)
A. 
No person shall sell or attempt to sell regulated property to a secondhand dealer or collector without the consent of the property's owner.
B. 
A secondhand dealer or collector will be prohibited from doing business with individuals whom the police identify in writing as violating subsection A of this section.
C. 
A secondhand dealer shall post a notice substantially similar to that set forth in subsection D of this section in the manner and at the locations described in subsection E. of this section. The size of the notice shall be no smaller than eight and one-half inches by eleven inches with lettering no smaller than one-fourth of an inch in height.
D. 
The notice shall be worded substantially as follows:
NOTICE
The sale or attempted sale of regulated property to a secondhand dealer without consent of the property's owner is punishable by a civil penalty not to exceed five hundred ($500) dollars per item.
Do not sell property without consent of the regulated property's owner. You will be held strictly liable for violation of this law.
E. 
Every copy of the notice required to be posted under this section shall be posted in a manner reasonably calculated to provide patrons actual knowledge of the contents of the notice. A copy of the notice shall be posted:
1. 
Outside each point of entry intended for patron use; and
2. 
At or near each place where a secondhand dealer purchases used property in the regular course of business.
F. 
If a significant number of the patrons of the regular secondhand dealer use a language other than English as a primary language, the notice shall be worded in both English and the primary language or languages of the patrons.
(C.O. 11-348, § 1, 12/19/2011)
A. 
The license commission of the City of Revere may deny an application for a secondhand dealer or secondhand collector license or revoke an issued license if it has probable cause to believe any of the following conditions exist:
1. 
The applicant, or any person who will help own, manage or operate the secondhand dealer or secondhand collector business, has owned or operated a secondhand dealer or secondhand collector business regulated under this ordinance or any substantially similar ordinance and within the five (5) years prior to the application date:
a. 
Has had a secondhand dealer or secondhand collector license revoked for a reason that would be grounds for a denial or revocation pursuant this article; or
b. 
The secondhand dealer or secondhand collector business has been found to constitute a public nuisance.
2. 
The applicant, or any person who will help own, manage or operate the secondhand dealer or secondhand collector business, has been convicted of a felony or any crime involving a false statement or dishonesty within fifteen years prior to the application date.
3. 
The applicant has:
a. 
Knowingly made a false statement in the application;
b. 
Knowingly omitted information requested to be disclosed in the application; or
c. 
Completed the application with reckless disregard for the truth or accuracy of the statements made therein.
4. 
A lawful inspection of the secondhand dealer or secondhand collector business premises by the police chief has been unjustifiably refused by a person who helps own, manage or operate the business.
5. 
The secondhand dealer or secondhand collector business, the applicant or any person, who will help own, manage or operate the secondhand dealer or secondhand collector business, has more than five violations of this ordinance, the Revised Ordinances of the City of Revere, any state or federal law, or any combination thereof within a two-year period, including the two-years prior to the application date.
(C.O. 11-348, § 1, 12/19/2011)
A. 
Computerized records: Every secondhand dealer or secondhand collector shall keep a computerized record of style and design approved by the chief of police. Included shall be all transactions, which shall be recorded in the English language and shall reflect the amount of the purchase. The record may request any information reasonably calculated to help the police chief identify the purchaser, the seller or the property associated with the purchase of regulated property.
B. 
Identification of customer: Whenever a secondhand dealer or secondhand collector purchases regulated property for business purposes, the secondhand dealer or secondhand collector shall obtain acceptable identification from the seller along with the seller's current residence address.
C. 
Requirement that records be kept, provided and retained: The secondhand dealer or secondhand collector shall record the name and residence, date of birth, and form of acceptable identification used along with its serial number, of the person selling articles. The secondhand dealer or secondhand collector shall furnish a correct and complete record of such transactions by an approved method once daily, or as otherwise determined, to the criminal investigation division of the Revere Police Department. The above described records shall be transmitted electronically in a specifically stored format along with any other information deemed necessary by the chief of police or his designee. No entry of said record shall be erased, obliterated, defaced, or changed.
D. 
Photographs required: Every secondhand dealer or secondhand collector shall photograph any person selling articles and photograph the articles and keep such photographs with said books as part of his or her records for at least ten years. The required photographs shall be clear and of such quality that the person selling the items and the items can be clearly identified. A photograph shall be required each time a person makes a separate transaction. The photos shall be stored in a digitized format. The image must be retrievable and a clear copy provided to police upon request.
(C.O. 11-348, § 1, 12/19/2011)
A. 
A copy of every purchase report form filled out as required by this article shall be kept on the premises of the secondhand dealer or secondhand collector business during normal business hours for at least three years from the date of purchase. The report form shall be subject to inspection by the police chief.
B. 
All regulated property in the categories of precious metals or precious gems, as the same are defined in section 5.16.010, purchased by a secondhand dealer or secondhand collector and required to be recorded on a purchase report form shall be held by said secondhand dealer or secondhand collector for fifteen days from the date of purchase. All other regulated property as defined in the section 5.16.010, purchased by a secondhand dealer or secondhand collector and required to be recorded on a purchase report form shall be held by said secondhand dealer or secondhand collector for at least twenty-one days from the date of purchase. The secondhand dealer or secondhand collector shall maintain the property in substantially the same form as when purchased and shall not alter, exchange, or commingle the property. During the holding period the regulated property shall be kept on the business premises during normal business hours and shall be subject to inspection by the police chief.
C. 
The police chief may give written notice to a secondhand dealer or secondhand collector holding regulated properly that the police chief has reasonable grounds to believe more likely than not a specific item of regulated property is associated with criminal conduct. The secondhand dealer or secondhand collector holding the regulated property shall then continue to hold the property specified in the notice in the same manner and place as required under subsection (b) of this section until released by the police chief.
D. 
The holding period for any item of regulated property shall not exceed one hundred and eighty days from the date of purchase.
E. 
If unreasonable hardship will result from holding regulated property as required under this section, the secondhand dealer or secondhand collector may request in writing that the police chief shorten the length of the holding period. The request should identify the property to which the request relates and state the reason extreme hardship will result if the holding period is not shortened. The police chief may grant a request to shorten the length of the holding period if the secondhand dealer or secondhand collector establishes clear and convincing grounds to believe that undue hardship will occur if the request is not granted. If the police chief decides relief from the holding period is appropriate, the police chief shall provide the secondhand dealer or secondhand collector who requested relief with written authorization to sell, transfer or otherwise dispose of the regulated property. The authorization shall be effective only upon delivery of the written authorization to the secondhand dealer.
(C.O. 11-348, § 1, 12/19/2011)
A. 
Whenever necessary to make an inspection to enforce the provisions of this article, or when the police chief has reasonable grounds to believe more likely than not that a specific item of related property held by a secondhand dealer or secondhand collector is associated with criminal conduct, the police chief may enter the premises of the secondhand dealer or secondhand collector at any reasonable time, provided that the premises are occupied at the time of entry and the police chief presents proper official identification at or near the time of demanding entry. If entry is refused, the police chief shall have recourse to every remedy provided by law to secure entry, including an administrative search warrant or a criminal search warrant.
B. 
Authority to inspect secondhand dealer or secondhand collector premises under this ordinance is in addition to and not in limitation of the authority of the city or the police chief would otherwise have to enter the business premises.
C. 
Once allowed to enter the premises of the secondhand dealer or secondhand collector, the police chief may inspect property kept there. The police chief may also inspect the business records associated with regulated property and perform any duty imposed upon the city or the police chief by this article. Copies of records will be provided to the police chief upon request.
(C.O. 11-348, § 1, 12/19/2011)
A. 
Violation of a provision of this article by a person who helps own, manage or operate a secondhand dealer or secondhand collector business may be grounds to revoke any license issued to that business.
B. 
Violation of a provision of this article by a person may constitute a public nuisance subject to abatement.
C. 
The penalties imposed by this section for violation of this article are in addition to and not in limitation of any other action or claim available to the city or any other governmental jurisdiction.
(C.O. 11-348, § 1, 12/19/2011)
Except where otherwise indicated by law, the following definitions shall apply in the interpretation and enforcement of this article:
"Building inspector"
means the building inspector of the city or such other person designated by the building inspector of the city to enforce the provisions of this article.
"Business premises" or "premises"
mean the area of a junkyard as described in a junk dealer's license or application for license, as provided in this article.
"Itinerant junk dealer"
means a person or business entity who buys, sells, collects or delivers junk within the city as a business, but who does not operate a junkyard within the city.
"Junk"
means any old, discarded and unusable objects of any kind, of insignificant value, such as vehicles, building materials, machinery, appliances, furniture, equipment, etc., whether made of metal, fiber or plastics or any other material; old cordage, ropes, rags, fibers or fabrics; old rubber, old bottles or other waste or discarded materials; or materials dangerous to health, regardless of their kind, form, shape or nature. Vehicles shall be defined as a "motor vehicle" as defined under the Vehicle and Traffic Law of the Commonwealth of Massachusetts, or any machine designed to be propelled by a means other than muscular power. Any such old or secondhand vehicle shall be considered as "junk," if it is unregistered and uninspected, and no longer intended or in condition for legal use on the public highways or if the cost to repair the vehicle to enable it to pass the commonwealth inspection laws for motor vehicles exceeds the value of the vehicle.
"Junk dealer"
means a person who operates a junkyard, buying or selling, dismantling, processing or dealing in any manner commercially with junk within the city.
"Junkyard"
means a yard, lot or place or any place of storage or deposit outdoors, within the city, where junk, as defined in subsection D of this section, is kept or stored.
"Person"
means any individual, firm, partnership, association, corporation, company, organization or any business entity permitted to do business pursuant to the laws of this state or authorized to do business within the commonwealth.
(Prior revision § 10-10 (part); C.O. 81-404 § 1 (part))
The following shall be exempt from the provisions of this article:
A. 
Antique, historical or classical motor vehicles or any motor vehicle having a unique status giving it a special value because of its uniqueness. Any such vehicle in such state of disrepair as to be considered junk, as defined in this article, shall have a period of three months to show that substantial progress is being made in restoring such vehicle. The period of three months shall commence upon the date the notice is given to remove the vehicle from the property where it is situated;
B. 
Motor vehicles not designed to be operated upon public highways, including, but not intended to be exclusive, dirt bikes, racing cars, dune buggies, etc., which are in good operating condition;
C. 
Any vehicle being stored on premises owned by a resident or owner of such premises, in good operating condition, but temporarily out of use for a period not to exceed one year;
D. 
Travel trailers, boat trailers, utility trailers in good operating condition or like vehicles or machines.
(Prior revision § 10-10 (part); C.O. 81-404 § 1 (part))
No person shall engage in or conduct, whether for profit or otherwise, on real property within the city, indoors or outdoors, either for himself or herself, or for and/or on behalf of any other person, directly or indirectly, as agent, employee or otherwise, at wholesale or retail, any operation which involves the collection, storage, burning, dumping, disassembling, dismantling, salvaging, sorting or otherwise processing, handling or arranging for sale, resale, storage, disposal or otherwise of the junk, without first obtaining a license therefor as provided in this article.
(Prior revision § 10-11(A); C.O. 81-404 § 1 (part))
The presence of one or more unlicensed or inoperative motor vehicles, or the equivalent thereof or the shell or body thereof, which are defined as junk, as set forth in Section 5.16.100, for a period of more than thirty days on the premises of any resident of this city shall be considered a junkyard, as defined in Section 5.16.100.
(Prior revision § 10-11(B); C.O. 81-404 § 1 (part))
The building inspector shall give the owner of any real property in the city notice of the existence of any junkyard, as defined in this article, and such owner shall have ten days from the date of mailing of such notice within which to either abate or remove such junk from the owner's premises, unless the owner possesses a license to operate a junkyard.
(Prior revision § 10-11(C); C.O. 81-404 § 1 (part))
It is unlawful for any person to collect, store, burn, dump, process, disassemble, dismantle, salvage, sort or otherwise handle or arrange, outdoors, for sale, resale, storage, disposal or otherwise, or deal in any manner with junk as provided in this article, whether as a junk dealer or otherwise, in the city, without first having obtained a license therefor from the license commission of the city, in accordance with the provisions of this article and Chapter 188 of the Acts and Resolves of the 1934 Massachusetts Legislature. A separate license shall be required for each junkyard, whether owned by one individual, business entity or otherwise.
(Prior revision § 10-11(D); C.O. 81-404 § 1 (part); C.O. 83-52 § 33 (part))
It is unlawful for any person to act as an itinerant junk dealer in the city without first having obtained a license therefor from the license commission in accordance with the provisions of this section and Chapter 188 of the Acts and Resolves of the 1934 Massachusetts Legislature.
(Prior revision § 10-11(E); C.O. 81-404 § 1 (part); C.O. 83-52 § 33 (part))
The license commission shall not issue any license for the operation of a junkyard until the building inspector certifies that the location and conduct of such junkyard complies with the zoning ordinance of the city, in Title 17 of this revision, and with all the laws, ordinances, statutes and regulations of the city and the commonwealth, and certifies that the junkyard meets the aesthetic qualifications set forth in this article and zoning ordinance and any other laws, rules and regulations which the city has as of the effective date of the ordinance from which this article derives adopted, or may in the future adopt, and that such junkyard is being operated in a manner not offensive to the neighborhood where the same is located.
(Prior revision § 10-11(F); C.O. 81-404 § 1 (part))
"Garage sale" or "yard sale" means an open-air market on their own residential property, conducting the sale of used household goods by residential occupants.
A. 
Nothing shall prevent any resident of this city from conducting garage/yard sale upon the premises owned by the person conducting the sale, provided that such sale shall not be conducted continuously for a period of more than three consecutive days and does not conflict with any local, state, federal laws or statutes.
Such sale shall include any sale of personal property not covered or defined under the zoning ordinance of the city and shall include lawn, garage, yard, porch sales, etc., regardless of the description of such sale. Such sales shall be limited to three per calendar year.
1. 
All items and equipment utilized for the garage/yard sales must be removed from the site of the sales and placed indoors for storage on a daily basis during the term of the sale.
2. 
Any items on display for such garage/yard sale, which are not sold after three days, must be removed from the site of the sale and placed indoors for storage.
B. 
All persons conducting garage/yard sales must first obtain a garage/yard sale permit from the city of Revere inspectional services department. There shall be no fee for this permit. Such permit must be placed in public view during the sale periods and available for inspection upon request by the police or inspectional services department. The permit shall include all rules and regulation relating to yard sales/garage sales and signage, permit number, name of permit holder, address, and dates of sales. For sales by renters, written permission must first be obtained from the property owner before a permit will be issued by the city of Revere.
C. 
All persons must abide by the revised ordinances of the city of revere regarding the posting of garage/yard sales signs and sidewalk signs; i.e., no posting signs on any public properties, trees, light of telephone poles.
D. 
The police or inspectional services department shall investigate all complaints of yard or garage sales and file a report according to established standard police department procedures and submit a copy to the inspectional services department.
E. 
Garage/yard sales shall operate no earlier than nine a.m. and no later than five p.m. on any authorized day(s) of such sales.
F. 
Whoever violates the provisions of this revision may be liable to a penalty of one hundred dollars for each offense.
G. 
Garage/yard sales are allowed only in the RA, RA1, RB, RB1, NB, GB and HB zoning districts as defined by Section 17.16.040 of the revised ordinances of the city of Revere and only with a permit issued by the inspection services department.
(C.O. 06-294 § 1)
A. 
The building inspector shall have the power to enforce the provisions of this article and, for that purpose, shall have the right and is empowered to enter upon any premises upon which any junk is stored or business of a junkyard is conducted or upon which he or she has reasonable cause to believe such a junkyard is operating, in the city, or upon which the building inspector has reasonable cause to believe such a junkyard is about to be located, and inspect the same at any reasonable time.
B. 
The building inspector is further empowered to revoke any license provided for, in accordance with the provisions of this article, if he or she feels such junkyard is being operated in violation of this article. Before revoking such license, however, he or she must give the owner thereof ten days' written notice from the date of mailing to correct the same or satisfy the enforcement officer that the owner is making a reasonable effort to correct the same. Before such license may be revoked, the owner of the junkyard and licensee shall be entitled to a hearing before the license commission to determine whether such a violation necessitating the revocation of the license has been committed by the owner thereof. The owner shall be notified of the time and place of the hearing, which hearing shall take place not later than thirty days after issuance of the notice.
(Prior revision § 10-12; C.O. 81-404 § 1 (part))
A. 
Application for the license required by this article shall be made to the license commission of the city upon such forms as are promulgated by the license commission and furnished to the applicant.
B. 
Upon receipt of an application, the license commission shall forward the application to the building inspector for his certification that the proposed location for the junkyard meets the requirements of the city's zoning ordinance and the laws of the commonwealth, and certification that the proposed junkyard meets the aesthetic requirements of this article and is in fact not offensive to the neighborhood where located.
C. 
The building inspector shall return the application to the license commission within fifteen days from the date of receipt by the building inspector of the application. Upon receipt by the license commission of the application, certified by the building inspector that the proposed junkyard meets all zoning and aesthetic requirements of the ordinances, the license commission shall approve or disapprove the application.
D. 
Itinerant junk dealers shall make the same application for licensing to deal in junk in the city as set forth in subsections A, B and C of this section.
(Prior revision § 10-13 (A, B); C.O. 81-404 § 1 (part))
A. 
Junkyard licenses shall be effective from the date of their issuance until the thirty-first day of December of the year of such issuance. A new application must be made yearly if the licensee continues in business. The fee for such license for the operation of a junkyard for less than one year shall be prorated.
B. 
Junkyard licenses shall go with the title of the land, and shall not be sold, assigned, transferred or disposed of without the permission of the license commission.
C. 
Application for renewal may be made within sixty days from the date of the expiration of the license, and such renewal should not be unreasonably withheld, unless for a good cause shown by the license commission.
(Prior revision § 10-13(C); C.O. 81-404 § 1 (part))
Such license shall be placed and at all times displayed in a conspicuous place at the licensee's place of activity or business.
(Prior revision § 10-13(D); C.O. 81-404 § 1 (part))
The annual fee for such license is enumerated in Table I of this revision.
(Prior revision § 10-13(E); C.O. 81-404 § 1 (part))
After receipt of the application, the license commission shall approve or disapprove the application within ten days. The license commission shall then give notice to the applicant by prepaid postage of the approval or disapproval of the application.
(Prior revision § 10-13(F); C.O. 81-404 § 1 (part))
Approval of an application for a junkyard shall take in to account:
A. 
Proof of legal ownership or right to use such property by the applicant;
B. 
The nature and development of surrounding property, such as proximity of schools, churches, hospitals, public buildings or other places of public gathering;
C. 
Whether or not the proposed location can be reasonably protected from affecting the public health, safety and welfare by reason of offensive or unhealthy odors, smoke, noxious substances or other causes; and
D. 
Aesthetic considerations, such as whether the proposed junkyard is offensive to the neighborhood, considering the type of natural or artificial barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential areas or main access routes thereto, the reasonable availability of other suitable sites for the junkyard and any other aesthetic considerations which may deem the junkyard unsuitable in view of the character of the surrounding area.
(Prior revision § 10-13(G); C.O. 81-404 § 1 (part))
No junkyard established after the effective date of the ordinance from which this article derives shall be licensed to operate if such yard or any part thereof is located within five hundred feet of a church, school, hospital, public building or place of public assembly.
(Prior revision § 10-13(H); C.O. 81-404 § 1 (part))
Before use, a junkyard shall be completely surrounded with a fence at least eight feet in height, which substantially screens the same from surrounding areas, and with a suitable gate which shall be closed and locked, except during the working hours of such junkyard or when the applicant or his agent is within. Such fence shall be of the type acceptable to the building inspector, soundly erected and properly maintained, and no junk shall be stored against it. No such fence shall be erected at a distance less than twenty-five feet from the curbing or edge of the pavement of any street.
(Prior revision § 10-14(A); C.O. 81-404 § 1 (part))
The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition.
(Prior revision § 10-14(B); C.O. 81-404 § 1 (part))
No space not covered by the license shall be used in the licensed premises.
(Prior revision § 10-14(C); C.O. 81-404 § 1 (part))
No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
(Prior revision § 10-14(D); C.O. 81-404 § 1 (part))
Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four inches.
(Prior revision § 10-14(E); C.O. 81-404 § 1 (part))
No garbage or other waste liable to give off a foul odor or attract vermin 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 in this article, and is in use in the licensed business.
(Prior revision § 10-14(F); C.O. 81-404 § 1 (part))
No junk shall be allowed to rest upon or protrude over any public street, walkway or curb, or become scattered or blown off the business premises.
(Prior revision § 10-14(G); C.O. 81-404 § 1 (part))
Junk shall be stored in piles not exceeding eight feet in height and shall be arranged so as to permit easy access to all such junk for firefighting purposes.
(Prior revision § 10-14(H); C.O. 81-404 § 1 (part))
No combustible material of any kind not necessary or beneficial to the licensed premises shall be kept on the premises nor shall the premises be allowed to become a fire hazard.
(Prior revision § 10-14(I); C.O. 81-404 § 1 (part))
Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
(Prior revision § 10-14(J); C.O. 81-404 § 1 (part))
No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of federal, state or city laws, statutes and codes, and no junk or other material shall be burned on the premises in the open except in accordance with the instructions of and under the supervision of the fire chief of the city.
(Prior revision § 10-14(K); C.O. 81-404 § 1 (part))
Processing of junk or any other operations conducted within a junkyard shall cease between the hours of six p.m. and seven a.m. of the following day.
(Prior revision § 10-14(L); C.O. 81-404 § 1 (part))
No junkyard shall be allowed to become a nuisance, nor shall any junkyard be operated in such manner as to become injurious to the health, safety or welfare of the community or of any residents close by.
(Prior revision § 10-14(M); C.O. 81-404 § 1 (part))
The police department, building inspector, the license commission or any of its representatives shall be granted access to the area of the activity of the business of the licensee at all reasonable hours to inspect the same for compliance with this article. The building inspector shall have all the necessary authority to enforce this article.
(Prior revision § 10-14(N); C.O. 81-404 § 1 (part))
For the purposes of this article, the location of junkyards already established as of the effective date of the ordinance from which this article derives shall be considered approved, provided that such junkyards comply with the fencing, zoning ordinances and requirements for operation and that they pay the license fee fixed in this article commencing with the year January 1, 1982. Such established junkyards shall have one hundred twenty days from the date of mailing of notice to them to comply with such provisions of this article.
(Prior revision § 10-15; C.O. 81-404 § 1 (part))
No officer, agent or employee of the city shall render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this article.
(Prior revision § 10-18; C.O. 81-404 § 1 (part))
A. 
The owner of the premises upon which junk, as defined in this article, is stored outdoors, a junkyard operator or any person, as defined in this article, who commits or permits any acts in violation of any of the provisions of this article or who fails to comply with the provisions thereof shall be deemed to have committed a nuisance and a violation of this article and shall be liable for any such violation and the penalty therefor. Each day that such violation continues or is permitted to exist constitutes a separate violation.
B. 
Every such offense, as defined in subsection A of this section, shall be deemed a violation, and the person or business entity violating the same shall be subject to a fine for each such violation as provided for by Section 1.16.010 of this revision.
(Prior revision § 10-16(A, B); C.O. 81-404 § 1 (part))
In addition to the penalties set out in Section 5.16.430, the city may also maintain an action or proceeding in the name of the city, in any court of competent jurisdiction, to compel compliance with this article or to restrain by injunction the violation of this article or to compel the removal of the same from the premises upon which such junk or junkyard is situated.
(Prior revision § 10-16(C); C.O. 81-404 § 1 (part))
The building inspector may grant an extension of time to comply with the requirements of this article or waive any of the provisions thereof for good cause shown, subject to the approval of the license commission.
(Prior revision § 10-16(D); C.O. 81-404 § 1 (part))