As used in this chapter, the following terms
shall have the meanings indicated:
AUTOMOBILE JUNKYARD
A place where one or more unserviceable, discarded, worn-out
or junked automobiles or bodies, engines, tires, parts or accessories
thereof are gathered together.
The provisions of §
155-9A,
B and
C(1) and
(2) shall not apply to any automobile junkyard in existence on May 6, 1966, and having a valid license issued pursuant to R.I.G.L. § 5-21-1.
Any person carrying on any business coming under
the provisions of this chapter without a license shall be fined not
exceeding $500 or imprisoned not exceeding six months for any one
offense.
Nothing contained in this chapter shall be construed or deemed to permit the Town Council to authorize the establishment of any business coming under the provisions of this chapter which is not permitted under Chapter
260, Zoning, of the Code of the Town of Lincoln. The Town Council shall not entertain any application for any license under the provisions of this chapter in any location where such business would be prohibited under the provisions of Chapter
260, Zoning. Where any such business is not permitted under Chapter
260, Zoning, the applicant must first obtain a variance or exception from the Zoning Board of Review prior to application to the Town Council for such license.
No person shall sell, purchase, barter or deal
in junk, old metals, or any other secondhand articles and no person
shall establish, operate or maintain an automobile junkyard within
the Town without having first obtained a license as provided in this
article.
Application for a license required by the provisions
of this article shall be made in writing to the Town Clerk setting
forth the name of the applicant, the name of the person who will operate
the business if different from the applicant, the nature and scope
of the business proposed, and a plan of the property where such business
is to be located and conducted including a sketch of the properties
of abutting landowners within 200 feet, each to be identified by plat
and lot number, and the names of the owners of the property.
The Town Council shall hold a public hearing
on any application for a license under the provisions of this article
in any location not lawfully occupied for such purpose at the time
of the application for such license. Notice of such public hearing
shall be posted at least seven days but not more than 14 days prior
to said hearing in not fewer than two public places in the Town and
in a newspaper of general circulation in the area where such shop,
storehouse or junkyard is to be established, operated or maintained;
provided, however, that before the Town Council shall post or publish
notice of a hearing the applicant shall deposit the sum of $10 with
the Town Clerk plus the cost of posting and publishing such notice.
No license shall be granted under the provisions
of this article to the keeper of any shop or storehouse for the reception
of any junk, old metals, or other secondhand articles or to a person
establishing, operating or maintaining an automobile junkyard, in
any location not lawfully occupied for such purpose at the time of
the application for such license, where the owners or occupants of
the greater part of the land within 200 feet of such building or place
shall file with the Town Council their objection to the granting of
such license; provided, however, that this section shall not apply
to any applicant who is the keeper of such a shop or storehouse, or
automobile junkyard, which is being acquired by eminent domain proceedings,
who is applying for a license to relocate such business within the
Town.
The Town Council shall not grant a license for
an automobile junkyard unless:
A. It is to be operated and maintained entirely within
a building;
B. It is to be operated and maintained exclusively for
the purpose of salvaging the value as scrap of the material collected,
as opposed to reselling parts to be used for the purpose for which
they were originally manufactured, and is to be located in a built-up,
commercial or industrial area, or contiguous to a railroad siding;
C. It is:
(1) More than 600 feet from any state highway;
(2) More than 300 feet from any park, bathing beach, playground,
school, church or cemetery and is not within ordinary view therefrom;
and
(3) Screened from view either by natural objects or well-constructed
and properly maintained fences at least six feet high acceptable to
the Town Council and specified on any license which may be granted.
A license, if granted under the provisions of
this article by the Town Council, shall be for a period not exceeding
one year and all such licenses shall expire on the 31st day of December.
Before issuing any licenses that may be granted by the Town Council,
the Town Clerk shall collect the following fees:
A. Twenty-five dollars for the keeper of a shop or storehouse
for the reception of any junk, old metals, or other secondhand articles
which is not an automobile junkyard.
B. Five dollars for any foundryman or other person receiving
the same for the purpose of melting the same or converting the same
into castings.
C. Five dollars for any gatherer of the same in any bag,
wagon or cart.
D. One hundred dollars for any person establishing, operating
or maintaining an automobile junkyard.