[HISTORY: Adopted by the City Council of the City of Lebanon as Ord.
No. 22; effective 10-18-1978. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicle registration fees — See Ch. 157.
A.
It is hereby declared by the City Council of the City
of Lebanon:
(1)
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
(2)
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
B.
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:
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:
A.
Name and address of the applicant.
B.
Address or location of the junkyard.
C.
Detailed description of the junk business to be engaged
in.
D.
Detailed description of the types of junk to be handled.
E.
Detailed description of land to be included within the
junkyard with reference to boundary markers.
F.
Area of junkyard in square feet.
G.
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:
A.
Name and address of the applicant.
B.
Basis for grant of certificate.
C.
Detailed description of business or businesses conducted
on premises.
D.
Certificate that applicant will keep records of inventory
and description of records to be kept.
E.
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]
[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:
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:
A.
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.
B.
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.
C.
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.
