[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:
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.[1]
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:
A.
It is to be operated and maintained entirely within
a building; or unless
B.
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:
(1)
More than 600 feet from any state highway; and
(2)
More than 300 feet from any park, bathing beach, playground,
school, church or cemetery and is not within ordinary view therefrom;
and
(3)
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).[1]
[1]
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:[1]
A.
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.
B.
For any foundry person or other person receiving the
same for the purpose of melting the same or converting the same into
castings.
C.
For any gatherer of the same in any bag, wagon or
cart.
D.
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.
