[Adopted 10-25-1965(Ch. I, Sec. 2, of Title Two of the 1965 Code)]
[Amended 5-10-1993 by Ord. No. 93-32]
No person shall sell, purchase, barter or deal in junk, old metals or any other secondhand articles, and no person shall establish, operate or maintain an automobile junkyard within the Town of Barrington without having first obtained a license as hereinafter provided. All licenses issued hereunder shall be subject to such conditions and restrictions as the Town Council of the Town of Barrington shall deem appropriate to promote the public peace, health, safety, comfort and general welfare of the inhabitants of the town as well as for the protection of persons and property and shall be revocable by the Town Council of the Town of Barrington for cause for failure of the licensee to comply with the provisions of this Article.
As used in this Article, the following terms shall have the meanings indicated:
- AUTO JUNKYARD
- A place where one or more unserviceable, discarded, worn-out or junked automobiles or bodies, engines, tires, parts or accessories thereof are gathered together.
- Extends and is applied to associations, societies, clubs, firms, partnerships and bodies politic and corporate as well as to individuals.
Application for a license shall be made in writing to the Town Clerk of the Town of Barrington setting forth the name of the applicant, the nature and scope of the business proposed and a plan of the property where such business is to be located and conducted, including a sketch of the properties of abutting landowners within 200 feet, each to be identified by plat and lot number and the names of the owners of the property.
[Amended 2-7-1994 by Ord. No. 94-2]
The Town Council shall hold a public hearing on any application for any purpose set forth in § 124-13 in any location not lawfully occupied for such purpose at the time of the application for such license. Notice of said public hearing shall be posted at least seven days but not more than 14 days prior to said hearing in not less than two public places in the Town of Barrington and in a newspaper of general circulation in the Town of Barrington; provided, however, that, before the Town Council shall post or publish notice of a hearing, the applicant shall deposit the sum as provided from time to time by resolution of the Town Council with the Town Clerk, plus the cost of posting and publishing said notice.
No license shall be granted to the keeper of any shop or storehouse for the reception of any junk, old metals or other secondhand articles or to a person establishing, operating or maintaining an automobile junkyard, in any location not lawfully occupied for such purpose at the time of the application for such license, where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the Town Council their objection to the granting of such license; provided, however, that this section shall not apply to any applicant who is the keeper of such a shop, storehouse or automobile junkyard in the Town of Barrington which is being acquired by eminent domain proceedings, who is applying for a license to relocate said business within the Town of Barrington.
The Town Council shall not grant a license for an automobile junkyard unless:
It is to be operated and maintained entirely within a building; or unless
It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area or contiguous to a railroad siding or on or contiguous to docking facilities; or unless it is:
More than 600 feet from any state highway; and
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
Screened from view either by natural objects or well constructed and properly maintained fences at least six feet high acceptable to said Town Council and specified on any license which may be granted.
The provisions of § 124-18A and B(1) and (2) shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to §§ 5-21-1 and 31-5-28 of the Rhode Island General Laws (as amended).
Editor's Note: Section 31-5-28 was repealed by P.L. 1967, Ch. 213, § 2.
[Amended 2-7-1994 by Ord. No. 94-2]
Said license if granted by the Town Council shall be for a period not exceeding one year, and all licenses granted under the provisions of this Article shall expire on the first day of January. Before issuing any licenses that may be granted by the Town Council, the Town Clerk shall collect the fees as set from time to time by resolution of the Town Council for the following:
For the keeper of a shop or storehouse for the reception of any junk, old metals or other secondhand articles which is not an automobile junkyard.
For any foundryman or other person receiving the same for the purpose of melting the same or converting the same into castings.
For any gatherer of the same in any bag, wagon or cart.
For any person establishing, operating or maintaining an automobile junkyard.
Nothing contained in this Article shall be construed or deemed to permit the Town Council of the Town of Barrington to authorize the establishment of any business as set forth in § 124-13 which is not permitted under Chapter 185, Zoning. The Town Council shall not entertain any application for any license under the provisions of this Article in any location where such business would be prohibited under the provisions of Chapter 185, Zoning. Where any such business is not permitted under Chapter 185, Zoning, the applicant must first obtain a variance or exception from the Zoning Board of Review of the Town of Barrington prior to application to the Town Council for said license.
[Amended 10-2-2017 by Ord. No. 2017-15]
Any person carrying on any business set forth in § 124-13 of this Article without a license shall be fined not exceeding $500.