City of Lebanon, NH
Grafton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lebanon as Ord. No. 22; effective 10-18-1978. Amendments noted where applicable.]
Vehicle registration fees — See Ch. 157.
It is hereby declared by the City Council of the City of Lebanon:
That there exists in the City of Lebanon junk dealers and junkyards which create conditions dangerous to the public health, safety and welfare of the citizens of the City of Lebanon, and further interfere with the enjoyment of and reduce the value of private property; and
That the continued uncontrolled existence of such businesses and storage areas create fire hazards, invites plundering, aggravates and extends urban blight and is considered detrimental to the best interest of the City of Lebanon; therefore
It is hereby declared, as a matter of legislative determination and necessity in the public interest that the provisions of this chapter be hereby enacted for the express purpose of preventing nuisances and securing, promoting and protecting the public health, comfort, convenience, safety and welfare and private property of the citizens of the City of Lebanon and that such public interest far outweighs any private injury which may result from this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
Any unregistered motor vehicle which is unfit for reconditioning or no longer intended for legal use on the public highways, or a motor vehicle which would cost more to recondition than its worth would be on the open market after its reconditioning, or a motor vehicle no longer intended for legal use on the public highways. "Junk" also means the used parts, bodies or materials of motor vehicles, junk machinery or scrap metal, junk plumbing and electrical fixtures, used rags, papers or bottles, and any other thing usually bought, sold or dealt with as junk, but "junk" does not mean secondhand furniture or books.
Any person:
Who is the owner or lessee or has control of any junkyard; or
Who buys, sells, stores or collect junk as a business.
Any place of storage or deposit not entirely within a building where:
Two or more motor vehicles defined as junk are located; or
The used parts, bodies or materials of motor vehicles, the sum of which equals in bulk two or more motor vehicles are located; or
Motor vehicles are purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap and where it is intended to burn or cut up the parts, bodies or materials of a motor vehicle; or
Other junk occupies an area of 500 or more square feet.
Any individual, firm, corporation, association or other organization.
No person shall, within the corporate limits of the City of Lebanon, conduct himself/herself as a junk dealer or locate, maintain or operate a junkyard without first having obtained a license or certificate from the City Manager or City Council under the terms and provisions as hereinafter set forth. Notwithstanding the provisions of this chapter, no person, who is engaged in the business of agriculture as an occupation, shall be required to get either a permit or a certificate under this chapter and no such person shall be prohibited from keeping motor vehicles which might be otherwise classified as junk under this chapter so long as such motor vehicles are kept on the premises being used for agricultural pursuits and so long as it is stored at least 200 feet from the boundaries of adjacent landowners.
A person desiring to obtain a license or certificate under this chapter shall file an application with the City Clerk, together with a license fee of $50 or a certificate fee of $10, as the situation may require.
The application shall be made on a form provided by the City Clerk and shall contain the following information:
Name and address of the applicant.
Address or location of the junkyard.
Detailed description of the junk business to be engaged in.
Detailed description of the types of junk to be handled.
Detailed description of land to be included within the junkyard with reference to boundary markers.
Area of junkyard in square feet.
Detailed description of type and extent of records of transactions to be kept by the business.
The application for a certificate pursuant to this chapter shall be made on a form provided by the City Clerk and shall contain the following information:
Name and address of the applicant.
Basis for grant of certificate.
Detailed description of business or businesses conducted on premises.
Certificate that applicant will keep records of inventory and description of records to be kept.
Description of specific area where items classified as junk under this chapter will be kept.
The City Clerk shall forward completed applications to the Fire Chief, the Chief of Police and the Health Officer and they shall note thereon their respective recommendations as to approval or disapproval. Recommendations of disapproval shall include the reasons therefor. Once the application is completed, it shall be turned over to the City Manager.
The City Manager will make a determination as to whether to approve or disapprove any application made pursuant to this chapter within 14 days of the final recommendation made pursuant to § 93-7 hereof. If no determination is made within this time, the application will be deemed approved. In the event the application is denied by the City Manager, the reason therefor shall be provided the applicant in writing.
Any person aggrieved from the decision of the City Manager, including the applicant himself/herself, may appeal the decision to the City Council if within 14 days of the decision of the City Manager written notice of appeal is made to the City Clerk. The City Council, at its next regularly scheduled Council meeting, shall take up the matter, and all interested parties shall have the opportunity to be heard and produce evidence. The City Council shall make its decision within 15 days of the conclusion of the evidence and written notice of its decision shall be given to the applicant.
Neither the City Manager nor the City Council shall grant a junk license or certificate to any person where such a grant would violate the provisions of the Zoning Ordinance of the City of Lebanon.[1]
Editor's Note: The Zoning Ordinance is on file in the office of the City Clerk.
No person holding either a license or a certificate shall locate, maintain or store junk:
Within 300 feet of any city street or highway; or
Within 300 feet of any public park, public playground, public bathing beach or swimming pool, school, church, hospital or cemetery; or
In a place contrary to the provisions of the Lebanon Zoning Ordinance.
The City Manager and the City Council, on appeal, may waive the requirements of § 93-11 hereof if the applicant erects to the satisfaction of either the City Manager or the City Council, as the case may require, a solidly constructed fence of at least six feet in height, which fence effectively screens the area from the objects and streets named in § 93-11 hereof. Any exemption granted pursuant to this section may be revoked in the event the fence comes into disrepair, which revocation shall go into effect upon written notice of the City Manager. All fences erected pursuant to this section shall be approved by the City Manager or the Building Inspector for the City of Lebanon prior to application for exemption pursuant to this section. Such approval shall be based upon whether the fence in fact is fit for its intended purpose of screening.
The City Manager or City Council is authorized to place whatever conditions it seems reasonable upon the grant of any license or certificate pursuant to this chapter. All licenses and certificates made pursuant to this chapter are personal to the applicant and cannot be assigned without further application. The license remains in effect until one year from the date of its issuance.
Any person who may otherwise be required to obtain a license pursuant to this chapter may in lieu of acquiring a license obtain a certificate if the following conditions are met:
The applicant must be a licensed new or used car dealer and be issued plates designating him/her as such by the Director of Motor Vehicles.
The applicant must exhibit that he/she has an adequate inventory control system with the capability of providing dates of acquisition of junk motor vehicles and dates of disposition thereof.
The applicant must illustrate that an area is available where junk can be stored consistent with the provisions of this chapter.
At all times licenses and certificates are conditional upon compliance with the terms of this chapter. A violation of this chapter shall be grounds for revocation of the license or certificate and shall require reapplication. Frequent violations shall be cause to deny the grant of a license or certificate as described in this chapter.
A license or certificate holder shall not change the location of a junkyard or the location where junk is kept or substantially change the nature of a junk business or the types of junk stored and handled without first obtaining a modification of the license from the City Manager or City Council, as the case may be. Such modifications shall be applied for, processed and renewed by the same procedures as for the original license or certificate.
No person shall go from house to house or place to place within the city for the purpose of collecting or buying junk between the hours of 6:00 p.m. and 7:00 a.m.
No person shall transport, tow, haul or push any motor vehicle defined as junk in § 93-2 along the city streets or highways during the hours of darkness unless specifically authorized by the Lebanon Police Department.
No junk dealer shall purchase any junk from any minor under the age of 16 years or barter with any such minor for any junk without the written consent of his/her parents or guardian and without first notifying the Lebanon Police Department.
Any licensee whose junkyard is fenced, whether required or not, shall keep the fence in a good state of repair.
The Chief of Police of the City of Lebanon, or any officer authorized by him/her, may at any time enter upon any premises used by a licensee or a certificate holder and may ascertain whether the licensee or certificate holder's business is being conducted in conformity with this chapter, and the Chief of Police, or his/her authorized officer, may examine all commodities purchased, obtained, kept or stored in or upon said premises and all books and inventories relating thereto as it relates to the storage, maintaining and keeping of junk. Every such licensee or certificate holder, his/her clerk, agents, servant or other person in charge of the premises shall exhibit to such officer, on demand, any or all of such commodities, books and inventories made subject to this chapter.
All certificate holders shall, prior to being granted a renewal of their certificate, exhibit to the City Clerk a full accounting of all the junk motor vehicles purchased during the term of the preceding certificate and shall exhibit the date of purchase and whether or not such junk motor vehicles are still on the premises. The filing of this report shall be a condition precedent to the granting of any renewal of a certificate pursuant to this chapter.
Any certificate holder as described in this chapter may keep motor vehicles defined as junk in § 93-2 on the premises for a period of 160 days from the date of original entrance thereon. Notwithstanding, such junk may only be kept in such areas as are authorized by the City Manager or City Council pursuant to the grant of a certificate under this chapter.
Unless otherwise provided by state law, violation of any provision of this chapter shall be punishable as provided in Chapter 1, General Provisions.
Injunction. The City Council may also obtain an injunction to end any violation of this chapter as provided by state law.