City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 13.09 of the 1997 Code. Amendments noted where applicable.]
Licenses and permits — See Ch. 169.
Collecting junk or secondhand material without permit — See Ch. 218, § 218-57.
No person shall keep, conduct or maintain within the city any building, structure, yard or place for keeping, storing or piling in commercial quantities, whether temporarily, irregularly or continually, or for the buying or selling at retail or wholesale or dealing in any old, used or secondhand materials of any kind, including cloth, rags, clothing, paper, rubbish, bottles, rubber, iron, brass, copper or other metal, furniture or other articles which from its worn condition renders it practically useless for the purpose for which it was made and which is commonly classed as junk, whether within a fixed place of business or as an itinerant peddler, without first having obtained and paid for a license as hereinafter provided. One carrying on the aforesaid business shall be referred to herein as "junk dealer." Any person who acquires by purchase, gift, trade, by salvage from buildings or by any other means, and stores, collects or accumulates within any structure or on any premises in the city, used or secondhand material of any kind of either metallic or nonmetallic composition for present or future use, trade or resale, including wrecked cars, trucks or busses or other wrecked vehicles, and not specifically licensed or permitted under other ordinances of the city, is considered to be a junk dealer and comes under the provisions of this chapter.
Nonconforming user license required. Any person who operates a business more particularly defined in Subsection A above and has established a nonconforming use to engage in such business or operation shall apply for a license as required under this chapter.
Every applicant for a license to engage in the business of junk dealer shall file with the City Clerk a written application upon a form prepared and provided by him or her, signed by the applicant or applicants. The application shall contain:
The names and addresses of the applicant, if an individual, partnership or firm, or the names of the principal officers and their residences, if the applicant is an association or corporation.
The length of time each applicant or applicants, if an individual, firm or partnership, or the manager or person in charge, if the applicant is a firm or corporation, has or have resided in the city, his or her or their places of previous employment, whether married or single, whether he or she or they, or any of them, have been convicted of a felony or misdemeanor and, if so, what offense, when and in what court.
Whether the applicant or applicants or officers or manager of the applicant has been employed by a junk dealer or has been a junk dealer.
The detailed nature of the business to be conducted and the kind of materials to be collected, bought, sold or otherwise handled.
The premises where such business is to be located or carried on.
Each application shall contain an agreement that the applicant accepts the license, if granted, upon the condition that it may be suspended for cause at any time.
Every application for a license to engage in the business of junk dealer shall be signed and acknowledged before a notary public or other officer authorized to administer oaths in the city.
The City Clerk shall report each application to the Chief of Police, Health Officer, Fire Chief and Building Inspector, who shall inspect or cause to be inspected such premises to determine whether it complies with all laws, ordinances, rules and regulations. Said premises and all structures thereon shall be situated and constructed so that the business of junk dealer may be carried on in a sanitary manner, shall contain no fire hazards and shall be arranged so that thorough inspection may be made at any time by the proper health, fire, building and police authorities.
No building shall be used for the business of junk dealing unless it shall be of fireproof construction.
The premises upon which the business of junk dealer is to be carried on shall be enclosed by a proper fence or other structure not less than eight feet in height, constructed so that no dust or other material may pass through. The enclosure shall be maintained in good condition at all times. No article shall be piled so as to protrude above such enclosure. No signs shall be placed on such fence except one sign designating the business. The enclosed area shall not exceed the amount of acreage as recommended by the Plan Commission and approved by the Council.
Every junk dealer shall pay an annual license fee as specified in Chapter 169, License and Permits. All licenses shall be issued as of July 1 and shall continue in force until June 30 next succeeding the date of issuance thereof, unless sooner revoked. Applications shall be submitted to the office of the City Clerk no later than May 1 preceding the license renewal date.
Upon the filing of an application as provided in the preceding section, the Clerk shall, upon approval of such application by the Council and the payment to the city of the license fee, issue to the applicant a license to engage in the business as provided in § 162-1. All licenses shall be numbered in the order in which they are issued and shall state clearly the location of the junk business, the date of issuance and expiration of the license and the name and address of the licensee. The number of licenses to be issued is hereby limited to three.
Nonconforming use license. The restriction of the number of licenses to three shall not apply to a nonconforming use license. Upon application and approval, a nonconforming user license shall be issued to a nonconforming use, and the face of such license shall indicate that the license is for a nonconforming use.
Conforming user; waiver of license limitation. Any operator of a junkyard which has been created prior to the passage of this chapter and has continuously operated such junkyard since that time, and is located within a zoning district permitting such use, shall comply with the provisions of this section and shall apply for a license to operate such junkyard. The limitation of junkyard licenses to three shall be waived when an operator is classified under this section.
Every junk dealer licensee shall, at all times, keep the license posted in a conspicuous place on the premises described in the application for such license. No person shall post such license upon premises other than those mentioned in the application, or knowingly deface or destroy any such license.
Each vehicle kept or used by a junk dealer in the exercise of his or her license shall be marked on both sides with his or her name, the street and number of the place of business, the words "Junk Dealer" or "Auto Salvage Dealer" or "Salvage Dealer" and "Franklin, Wisconsin," and the number corresponding to the number of his or her license in plain letters and figures at least two inches high and of such color as to be plainly read at a distance of 60 feet. Every licensed dealer shall have and keep a sign on the outside and in the front of each of his or her or its places of business, on which shall be clearly set forth in conspicuous letters his or her or its name, the words "Junk Dealer" or "Auto Salvage" or "Salvage dealer" and the number corresponding to the number of his or her or its license.
Every junk dealer's license shall designate the place of business in or from which the junk dealer shall be authorized to carry on such business. No licensee shall remove his or her or its place of business from the place designated in the license until a written permit has been secured from the city and the same shall have been endorsed upon the license. All signs required by § 162-8 shall be altered to contain the new address.
No junk dealer shall carry on the business at or from any other place than the one designated in the license therefor; nor shall the business be carried on after the license has been revoked or has expired.
No junk dealer shall make any purchase from any person or receive any articles between the setting of the sun and 7:00 a.m. in the morning.
The contents of the premises of every junk dealer shall be arranged in an orderly manner with all similar things located so as to facilitate inspection by the proper authorities. The premises of every junk dealer shall be subject to inspection by the proper city authorities at any time.
The Health Officer shall formulate reasonable rules and regulations relating to the conduct of the business of junk dealing which shall protect the health of the community. No junk dealer shall violate any such rule or regulation.
No person shall knowingly buy, sell, receive, dispose of, conceal or have in his or her possession any motor vehicle, part or accessory from which the manufacturer's serial number or any other number or identification mark has been removed, defaced, covered or altered or destroyed for the purpose of concealing or misrepresenting the identity of such vehicle, part or accessory. Every person to whom is offered for sale, storage or wreckage any motor vehicle, part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacturer's serial number or any other number or identification mark shall immediately notify the Chief of Police of such offer.
If any goods, articles or things whatsoever shall be advertised in any newspaper printed in the city as having been lost or stolen, and the same or any answering the description advertised or any part or portion thereof shall be or come into possession of any junk dealer or peddler, he or she shall give information thereof, in writing, to the Chief of Police, and state from whom the same was received. If any goods, articles or things whatsoever shall be advertised in any newspaper printed in the city as having been lost or stolen, and the same answering the description advertised or any part or portion thereof shall be or come into possession of any junk dealer or peddler, he or she shall give information thereof, in writing, to the Chief of Police, and state from whom the same was received. Any junk dealer or peddler who has or receives any goods, articles or things lost or stolen, or alleged or supposed to have been lost or stolen, shall exhibit the same on demand to any police officer or to the Mayor, Chief of Police or any magistrate or any person duly authorized, in writing, by the Chief of Police, who shall exhibit the authorization to the dealer or peddler.
Upon complaint being made, in writing, by any city official or resident of the city to the City Clerk that any licensee has violated any of the provisions of this chapter, the City Clerk shall present such complaint to the Council in order that the proper committee may pass judgment thereon with possibility of revoking the license.
Whenever any license shall be so revoked, no refund or any unearned portion of the fee therefor shall be made, and no license shall be granted to any person whose license has been so revoked within a period of one year from the date of such revocation. Notice of revocation and the reasons therefor, in writing, shall be served by the City Clerk upon the licensee by mailing the same to the address given in the application. A copy of this notice shall be filed in the office of the City Clerk.
In addition to the suspension or revocation of any license or permit granted under this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19.