[HISTORY: Adopted by the Town Board of the Town of Fulton 9-12-1996
as Ch. 7, § 3g of the 1996 Code. Amendments noted where applicable.]
Every person, pursuant to §§ 60.10, 84.31 and 175.25,
Wis. Stats., and this chapter, in the Town of Fulton who shall accumulate
or store junked automobiles or parts thereof shall seek and obtain a junkyard
permit from the Town of Fulton. The fee for such permit shall be established
annually by the Town Board of the Town of Fulton.
The application and permit shall designate the premises to be permitted.
The permit may be amended without charge if the permittee changes premises
in the Town of Fulton. However, the permit is not transferable from one person
to another. The application and permit shall contain the following:
A.
The name of the applicant.
B.
The address of the commercial premises.
C.
The commercial premises telephone number, if any, and
the residential telephone number of the applicant, if any.
D.
The age of the applicant.
E.
A description of the commercial premises.
F.
The quantity and manner of storing such junk.
G.
The projected number of years for accumulation, storage
and removal of these vehicles.
A.
The persons subject to this chapter shall comply with
§§ 84.31 and 175.25, Wis. Stats., and this chapter.
B.
The Town Clerk/Treasurer of the Town of Fulton shall
provide copies of this chapter at no cost to any applicant requesting copies
under this chapter.
C.
The applicant and any other person subject to this chapter
shall comply as follows. No person shall be issued or reissued a junkyard
permit in the Town of Fulton if the applicant for the junkyard permit fails
to:
(1)
Install and maintain fences.
(2)
Prevent and remove inappropriate advertising on the fences.
(3)
Install and maintain adequate firesafety equipment.
(4)
Properly drain all automobile tanks and engines.
(5)
Install, provide and maintain adequate sanitary facilities.
(6)
Meet the Town of Fulton Building Codes for the junkyard
premises.
(7)
Install, provide and maintain adequate and necessary
physical structures and equipment and fails to comply with conditions, rules
and safeguards to prevent public nuisances and to protect the public health
and safety of persons residing near the junkyard premises or persons entering
the junkyard premises, including public nuisances associated with noise, dust,
odors, fires, explosions, water pollution, air pollution and erosion.
(8)
Maintain adequate public liability insurance for the
junkyard location.
(10)
Prevent open fires or the burning of solid waste or hazardous
waste at the junkyard premises. This includes the burning of automobiles and
parts thereof.
(11)
Install, provide and maintain adequate landscaping surrounding
the junkyard premises.
(12)
Provide and maintain adequate security and operational
personnel to prevent trespassing onto the junkyard premises.
(13)
Install and maintain adequate physical structures and
operational controls to prevent trespassing and littering and to prevent private
nuisances on private and public lands adjacent to the junkyard location.
(14)
Keep the junkyard location free of trash, papers, noxious
weeds, standing waster and other debris during and after daily operations
at the junkyard location.
(15)
Allow physical access to the junkyard location by the
Town's Building Inspector or designee for inspection purposes upon 12 hours'
notice to the applicant or permittee.
As used in this chapter, the following terms shall have the meaning
indicated:
Any place which is owned, maintained, operated or used for storage,
keeping, processing, buying or selling junk, including refuse dumps, garbage
dumps, automobile graveyards, scrap metal processors, auto wrecking yards,
salvage yards, auto recycling yards, used auto parts yards and temporary storage
of automobile bodies or parts awaiting disposal as a normal part of a business
operation when the business will continually have like materials located on
the premises, and sanitary landfills. This definition does not include litter,
trash and other debris scattered along or upon the highway, or temporary operations
and outdoor storage of limited duration.
To enter the property of another person without permission or legal
right. In context of criminal action, criminal trespass is an act in violation
of §§ 943.13, 943.14 and 943.15, Wis. Stats.