Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Westerly 8-13-1991 by Ch. No. 983 as §§ 7-61 through 7-71 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 158.
Solid waste — See Ch. 217.
Zoning — See Ch. 260.
As used in this chapter, the following terms shall have the meanings indicated:
AUTOMOBILE 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.
This chapter shall not apply to keepers of shops for the purchase, sale or barter of books, pamphlets or periodicals, household furniture or antiques.
[Amended 2-8-2010 by Ch. No. 1702]
No person, firm or corporation shall sell, purchase, barter or deal in junk, old metals and any other secondhand articles, including secondhand automobiles, auto trucks, and motorcycles, establish, operate or maintain automobile junkyards, or keep any shop, storehouse, automobile junkyard, or other place for the reception of any junk, automobile junk, old metals, or any other secondhand articles or maintain an automobile junkyard, nor shall any foundryman or other person receive the same for the purpose of melting or converting into castings, nor shall any gatherer gather same in any bag, wagon, cart or truck without first having obtained a license for such purposes in accordance with § 158-2.
[Amended 2-8-2010 by Ch. No. 1702]
A. 
Application. In addition to the requisite information furnished on the application, the applicant shall comply with the following restrictions and conditions:
(1) 
Such applicant must submit a plat showing the exact boundary lines of the tract of land and the location of all buildings located thereon whether the same are to be used or not for the reception of junk, old metals, junk automobiles and other secondhand articles; gatherers of junk are excluded;
(2) 
The deed of such premises must be recorded in the land evidence records of the Town showing the applicant to be the owner of such land, or in the alternative, written consent of the owner of such land to the granting of such license must be submitted to the Licensing Board.
B. 
Hearing. The Licensing Board, before granting any such license, shall hold a public hearing, notice of which shall be given by advertising once a week for at least two successive weeks in a newspaper of general circulation in the Town. The notice shall contain the name of the applicant, the locations for which the license is required, the date, time and place of the hearing, and shall state that remonstrants are entitled to be heard. The expense of such advertising shall be borne by the applicant.
C. 
Screening. Upon any decision granting such license, but before issuance thereof, any place to be used for the reception of any junk, old metals, junk automobiles or other secondhand articles, pursuant to such license granted, shall be enclosed by a board fence with at least one-inch by eight-inch boards at least seven feet high and spaced not more than four inches apart. The fence shall be installed in a workmanlike manner and maintained in good condition. The fencing required herein may be suspended where the applicant's premises is located not less than 500 feet from any adjacent property of other ownership, or where the same is screened from view by buildings or compact year-round foliage or by natural objects which provide a compact screen, or where the applicant's premises is located less than 500 feet from any adjacent property of other ownership and the applicant yearly procures the written consent of the adjacent landowner wherein it is stated that the adjacent landowner does not object to the lack of required fencing hereunder as otherwise provided. Any substituted method of screening must be of a height of not less than seven feet.
D. 
Appeal. The decision of the Zoning Inspector as to any substituted method of fencing or suspension of the same may be appealed in writing to the Licensing Board prior to the date set for hearing on the granting of any such license. Appeal shall state in full the decision appealed from and the reasons therefore.
[Amended 2-8-2010 by Ch. No. 1702]
The fee for any license granted hereunder shall be as specified in Chapter 121, Fee Schedule.
[Amended 2-8-2010 by Ch. No. 1702]
All licenses granted under the provisions of this chapter shall expire in accordance with § 158-8.
[Amended 2-8-2010 by Ch. No. 1702]
All licenses granted pursuant to the provisions of this chapter are subject to approval of proper authorities as specified in § 158-3.
[Amended 2-8-2010 by Ch. No. 1702]
A. 
Flammable materials and materials attractive to vermin harborage prohibited. No such license required by this chapter shall allow on the premises maintained or used for the reception of any junk, old metals, junk automobiles or other secondhand articles any highly flammable materials or organic matter, or any substance or substances attractive to vermin or other insects or animals.
B. 
Piling or stacking of junk. No license required by this chapter shall allow in the place for the reception of any junk, old metals, junk automobiles or any other secondhand articles to be piled or stacked with the same to a height exceeding the height of one foot over any required fencing herein or any natural fencing existing most adjacent to any area within any such place of reception of the same; and to this extent, the Zoning Inspector may designate such area and the height to which the same may be piled or stacked as will be compatible with neighboring uses to which adjacent property is used, will not create a nuisance in the neighborhood, and will not hinder the future development of the Town. The decision of the Zoning Inspector as to the area designation and as to height of piling or stacking most adjacent to any natural fencing may be appealed from as set forth in § 150-4.
[Amended 2-8-2010 by Ch. No. 1702]
Every such licensee, except licensed gatherers, shall keep a complete, contemporaneous record of all purchases of junk, old metals, secondhand automobiles or other secondhand articles, every article purchased or sold by him at the time of purchase or sale, from whom purchased, stating name and residence of purchaser or seller, the date and hour thereof, and the registration number of the vehicle carrying the articles, which record shall be open at all times to the inspection of the Chief of Police, Licensing Board or any other appropriate state and local authority.
[Amended 2-8-2010 by Ch. No. 1702]
All licenses required by this chapter may be revoked by the Licensing Board whenever in its discretion it finds that any such licensee has violated any of the provisions of this chapter. The revocation shall occur only after a hearing.
[Amended 2-8-2010 by Ch. No. 1702]
A. 
Any person violating any of the provisions of this chapter shall be subject to the penalties specified in Chapter I, Article II, General Penalty.
B. 
All members of the Police Department are authorized to enforce the provisions of this chapter.