[Adopted 7-1-1958 by Ord. No. 5; amended
in its entirety 4-20-2020]
No person, firm, association or corporation, hereinafter designated
as the "person," shall keep a junkyard or dismantle, wreck and dispose
of the junk and/or refuse material of automobiles within the Charter
Township of Blackman without a license therefor granted by the Township
Board of said Township, as provided in this article. No license shall
be granted until the application therefor, in form as prescribed by
the Township Board, has been approved by said Board. The Township
Board may reject any application if it shall appear that the rules,
regulations and conditions for the operation thereof, as contained
in this article, will not be complied with, or where the premises
sought to be licensed are restricted to private residence purposes.
No person engaged in said junk business, or any of his employees,
shall receive in the line of such business any article by way of pledge
or pawn, nor loan, or advance any sum of money on the security of
any article or thing, handled by such person under the provisions
of this article.
No junkyard or place for the dismantling, wrecking and disposal
of the junk and/or refuse material of automobiles shall be located
in said Township, unless the same shall be enclosed by a tight high-board
fence, or such other substitute therefor, as shall be approved by
the Township Board, so that the junk and dismantled automobiles and
parts shall not be visible to the pedestrian and vehicular traveling
public.
Any person desiring to engage in the business of operating and
conducting a junkyard and/or place for the dismantling of automobiles,
within the Charter Township of Blackman, shall make application in
writing to the Township Board of said Township for a license to engage
in said business, which said application shall specify the names of
the owners, partners and/or corporate officers and stockholders, as
the case may be, of such proposed, and the nature of the articles
and materials to be handled, which said application shall be accompanied
by the written consent that said business may be so operated in the
proposed location, of at least 75% of the owners of adjoining and
adjacent property within 1,000 feet of the boundary lines of said
proposed junkyard and/or place for the dismantling of automobiles;
provided, however, that none of said consenting owners shall be relatives,
firms, members, partners, associates, or stockholders of said applicant.
Such application shall also be accompanied by an annual license fee
of $25.
Any person licensed under this article to engage in said junk
business shall, at least once each month, prepare and mail to the
Commissioner of the Department of Public Safety of East Lansing, Michigan,
a sworn statement of all purchases made by him.
No person engaged in such junk business shall sell or remove
from his place of business any articles or materials, purchased or
exchanged, under the provisions of this article, until the same shall
have been in his possession for three days, but shall be retained
by him in an accessible place for inspection during such period; provided,
however, that nothing herein contained shall make it necessary for
such person to retain articles and materials purchased from individuals,
firms or corporations having a fixed place of business.
Every person engaged in such junk business shall, upon demand,
exhibit all goods and materials on hand and give a description of
the person selling the same, to any member of the Township Board,
to any constable of the Township, or to any other law enforcement
officer, and shall keep a book containing the names of the persons
from whom he has purchased any junk, used automobiles and parts, or
metals, except old iron, which book shall be kept open during business
hours for the inspection of any of the above-mentioned officers.
Any person engaged in said junk business, who shall fail on
demand to exhibit such books or any goods or materials on hand or
give a description of the person selling the same to any of the above-mentioned
officers shall be liable to the penalties for violation of this article.
No person engaged in such junk business shall buy or receive
any article, articles or materials from any person under the age of
18 years, unless such minor person shall have written permission from
his parents to sell the same. The person engaged in such junk business
will retain a copy of said written permission for at least six months.
No person engaged in such junk business shall purchase any article,
articles or materials from any person, who is at the time intoxicated,
or from a habitual drunkard, or from any person whom he knows or has
good reason to believe is a thief, or an associate of thieves, or
a receiver of stolen property; neither shall he purchase such article,
articles or materials from any person on Sunday or upon any day one
hour after sunset to one hour before sunrise of the next day, or at
any other time when there is not sufficient light to render clearly
discernible persons and vehicles doing business with such licensee.
Any person who violates this article shall be guilty of a misdemeanor,
punishable by a fine of not more than $500 or up to 90 days in jail
or both.
Upon conviction of any such person for violating the provisions
of this article, the Township Board may revoke the license held by
such licensee, who, in the case of the license being revoked, shall
not be licensed to engage in such business within said Township for
the period of one year from the date of his conviction, and the place
in which he has been operating such business shall not be licensed
for such purposes for a period of six months from the date of such
conviction; provided, however, that in specific cases and subject
to such appropriate conditions and safeguards as in the judgment of
the Township Board may be required, the Board may, in its discretion,
permit such operations at the place where such business has been conducted.
The Township Board may revoke the license of any proprietor
engaged in such business if stolen property has been found in his
possession, provided he, or any of his servants and employees, knew
or had good reason to believe, at the time of the purchase, that it
was stolen property.
There shall be paid by such licensee to the Treasurer of the
Charter Township of Blackman an annual license fee as set by resolution
of the Township Board, which shall not be less than $25, for the operation
of such business under the provisions of this article.