[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.]
As used in this chapter, 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.
[Amended 9-11-2023 by Ch. No. 2042]
This chapter shall not apply to keepers of antiques
or secondhand shops which engage in the sale of antiques, secondhand
consignment goods, resale goods, or thrift goods. "Antiques" means
items made in an earlier period that are collected and considered
to have value because they are beautiful, rare, old, or of high quality.
"Secondhand consignment goods" means used items, including but not
limited to artwork, furniture, clothing, accessories and books that
are sold by a third party, which receives a percentage of the revenue
from the sale. "Resale goods" means goods, including but not limited
to artwork, furniture, clothing, accessories, and books that are purchased
from the original owner and resold. "Thrift goods" means used items,
including but not limited to artwork, furniture, clothing, accessories,
and books that are sold by or on behalf of a charity or nonprofit
organization.
[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 Official 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 Official 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 Official 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.
