[HISTORY: Adopted by the Common Council of the City of Burlington
1-5-1988 by Ord. No. 1203(25) as §§ 12.06 and 12.30 of the
1988 Code. Amendments noted where applicable.]
The following terms as used in this chapter shall be construed as follows:
Any old, used or secondhand materials of any kind, including cloth,
clothing, rags, bags, papers, rubbish, bottles, glassware, crockery, rubber,
iron, brass, copper, other ferrous and nonferrous metals, furniture, fixtures,
plumbing materials, waste materials, used motor vehicles or any of the parts
thereof or any other article or thing which from its worn condition renders
it practically useless for the purpose for which it was made and which is
commonly classed as junk. See also § 84.31(2)(e), Wis. Stats.[1]
Includes a junk collector, junk dealer or junkyard.
Any person who collects, buys, gathers or sells junk.
A person who engages in, keeps, conducts or carries on a business
for the buying or selling at retail or wholesale, dealing in, accumulating,
gathering, collecting, delivering, keeping, sorting or piling in commercial
quantities, whether temporarily, irregularly or continually, of junk, whether
or not any building, structure, enclosure, yard or place therefor is maintained
as a principal place of business.
The operator or owner of any junk business.
Any building, structure, enclosure, yard or place for keeping, storing,
accumulating or piling in commercial quantities, whether temporarily, irregularly
or continually, of any junk.
A.
Required. In addition to any other license required by
state law, no person shall, within the City, conduct, maintain or engage in
the business of junk collector or junk dealer or keep, conduct or maintain
any junkyard without first having obtained and paid for a license as herein
provided.
B.
Fee; expiration. The license fee shall be as set by the
Common Council, and every license shall expire on June 30. There shall be
paid an additional fee as set by the Common Council for each additional vehicle
used in and about the business.[2]
[2]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
A.
A written application shall be filed with the City Clerk
upon the forms furnished by the City Clerk and sworn to by the applicant setting
forth the following information:[1]
(1)
The name and residence of the applicant, if an individual,
firm or partnership, or the manager or person in charge if the applicant is
a corporation or association; if not a resident, whether the applicant has
resided in the City; his or their places of previous employment; and whether
he or they or any of them have been convicted of a felony or misdemeanor and,
if so, what offense, when and in what court.
(2)
Whether the applicant or applicants or officer or manager
of the applicant had been employed by anyone engaged in the junk business
or had been engaged in the junk business.
(3)
The detailed nature of the business to be conducted and
the kind of materials to be collected, bought, sold or otherwise handled.
(4)
The premises where such business is to be located or
carried on.
(5)
The description of any vehicle to be used in the business,
setting forth the make, model, year, engine number and the registration number.
(6)
If required by the state, a copy of the applicant's current
Wisconsin Seller's Permit shall be provided.
B.
All applicants shall at the time of filing the application
submit to fingerprinting at the Police Department.
A.
Upon receipt of each application the City Clerk shall
refer the same to the Chief of Police, Chief of the Fire Department, Health
Officer and Building Inspector who shall inspect or cause to be inspected
the premises to determine whether it complies with all the laws, ordinances,
rules and regulations and cause the investigation of the applicant's business
and moral character as deemed necessary for the protection of the public interest.
B.
The premises and all structures thereon shall be so situated
and constructed that the junk business may be carried on in a sanitary condition,
shall contain no fire hazards and shall be so arranged that thorough inspection
may be made at any time by the proper police, fire, health and building authorities.
Each application shall be accompanied by a bond to the City, approved
as to form by the City Attorney, in the penal sum of $1,000, with a surety
or sureties or collateral security approved by the City Treasurer, conditioned
for the due observance during the time of the license of all laws, ordinances,
rules and regulations which are now in force or may hereafter be adopted by
duly constituted authorities applicable to junk dealing.
A.
Issuance. The results of the inspection and investigation
shall be forwarded to the Committee of the Whole, which shall make a recommendation
to approve or deny the license to the Common Council. The Common Council may
impose operating conditions in addition to those specified herein. Upon Common
Council action to approve the license, the City Clerk shall issue the license
to the applicant. All licenses shall be numbered and shall state the dates
of issuance and expiration, the name and address of the licensee, the specific
premises of the location of the junk business, and any additional conditions
imposed by the Council. No license may be issued in violation of state law
provisions governing junkyards or junk businesses.[1]
C.
Reapplication restricted. No applicant to whom a license
has been denied or refused shall make further application until at least three
months shall have elapsed since the last previous denial or rejection unless
it can be shown that the reason for such denial or rejection no longer exists.
D.
Persons convicted of a felony. No license for any junk
business shall be granted to any person who shall have been convicted within
two years of the date of application of a violation of the provisions of this
chapter, or convicted within three years of the date of the application of
a felony or misdemeanor, subject to the provisions of Subchapter II of Ch.
111, Wis. Stats.[3]
A.
Displaying license. Every licensee shall at all times
keep the license posted while in force in a conspicuous place on the premises
described in the application for such license. No person shall post such license
or be permitted to post the same upon premises other than those mentioned
in the application or knowingly deface or destroy such license.
B.
Signs.
(1)
On licensed premises. Every licensee shall have and keep
a sign on the outside and in front of each place of business on which shall
be clearly set forth in conspicuous letters the name, the words "Junk Dealer,"
and the number corresponding to the number of the license.
(2)
On vehicles. Every vehicle kept, operated or used by
a licensee in the exercise of his license for junk business shall be marked
on both sides with the name, the street and number of the place of business,
the words "Junk Dealer" and "Burlington Wisconsin," and the number corresponding
to the number of the 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.
C.
Lost or destroyed license; duplicate. Whenever a license
shall be lost or destroyed without fault on the part of the holder or his
agent or employee, a duplicate license in lieu thereof under the original
application and bond shall be issued by the City Clerk upon the filing of
an affidavit setting forth the circumstances of the loss or destruction and
upon the payment of the sum as set by the Common Council.
A.
Restrictions.
(1)
License designates place of business. Each license shall
designate the place of business or from which a licensee in the junk business
shall be authorized to carry on and conduct such business, and no licensee
shall carry on or conduct the business at or from any other place than the
one designated in the license therefor. No junk business shall be carried
on after a license has been revoked or has expired. No licensee shall remove
the place of business from the place designated in the license until a reapplication
has been made and a written permit so to do has been endorsed upon the license
by the City Clerk.
(2)
Fence required. Each of 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 seven feet in height, constructed so that no
dust or other material may pass through. Said enclosure shall be maintained
in good condition at all times. No articles shall be piled so as to protrude
above said enclosure.
(3)
Building to be fireproof. No building shall be used for
the business of junk dealing unless it shall be of fireproof construction.
(4)
Inspection of premises. The contents of the premises
of every junk dealer shall be arranged in an orderly manner with all similar
things located together so as to facilitate inspection by the proper authorities.
The premises of every junk dealer shall be subject to inspection by the proper
municipal authorities at any time.
(5)
Articles. No junk dealer shall make any purchase from
any person or receive any article between the setting of the sun and 7:00
a.m. No such dealer shall purchase or acquire from any person under the age
of 18 years any junk, other than old rags or wastepaper, without the written
consent of a parent or guardian, nor shall any item be acquired from any intoxicated
person.[1]
B.
Records and reports.
(1)
Contents. Each junk merchant shall keep, in such form
as the Chief of Police may prescribe, and written in ink or indelible pencil,
a daily record, in the English language, of articles purchased, including
an accurate description, the name and residence of the person, if any, and
the day and the hour of such purchase and the price paid.
(2)
Police inspection. The records shall at all reasonable
hours be open to the inspection of any magistrate, the Mayor, Chief of Police,
any police officer or any person duly authorized in writing for such purpose
by any magistrate, the Mayor, or the Chief of Police, who shall exhibit such
authorization to the junk merchant, his agent, or employee. No entry in such
records shall be changed, erased, or obliterated or defaced.
C.
Police may require reports. Every junk dealer, upon being
served with a written notice to do so by a member of the Police Department,
shall report to the Chief of Police, on blank forms to be furnished by the
Police Department, an accurate description of all goods, articles or things
purchased or received by him in the course of business of a junk merchant
at such time and during such period of time specified in the notice, stating
the amount paid for and the name, residence and general description of the
person from whom such goods, articles or things were received.
A.
Record. Each junk merchant shall, in the case of a motor vehicle or parts thereof, keep, in addition to the record required to be kept by § 193-8B, a complete description of the purchase, which shall include the manufacturer's name, style of body, model and color. The record shall also include the vehicle identification number, signed title or a seized/abandoned/unregistered vehicle transfer certificate and any other serial number.[1]
B.
Report of motor vehicle purchases. Every licensee handling
junk motor vehicles or parts thereof shall keep a record of all motor vehicles,
parts and accessories that come into his or its possession. This list shall
be supplied to the Chief of Police or his designee within 24 hours of any
additions, except Sunday, where it shall be reported on the following business
day. The Chief of Police or his designee shall cause a record to be kept of
all such reports, showing the date and time each report is received, the licensee
making the report and his address.[2]
C.
Destroying identity of motor vehicles prohibited. No
licensee, either acting for himself or itself or by or through his or its
agents or employees, shall wreck, tear down, paint or otherwise destroy the
identity of or dispose of or allow to be taken out of his possession any secondhand
motor vehicle, part or accessory purchased or otherwise secured by or left
for sale with him or it until 24 hours after the report provided for above
has been made to the Chief of Police.
(1)
Special permit. The Chief of Police, may, however, after
proper report is made to him, grant a special permit to a licensee permitting
a secondhand vehicle, part or accessory in such special permit properly described
to be sold or disposed of and delivered to another when the Chief of Police
has investigated and determined that there is no question as to the ownership
of such secondhand motor vehicle, part or accessory.
(2)
Purchase where number defaced. No person shall knowingly
buy, sell, or receive, dispose of, conceal or have in his 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,
altered or destroyed for the purpose of concealing or misrepresenting the
identity of such vehicle, part or accessory.
(3)
Duty to report. 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.
A.
Report to police. If any goods, articles or things shall
be advertised in any newspaper published 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 in or come into the possession of any junk merchant,
prior to being advertised or sold, information thereof shall be given in writing
by such junk merchant to the Chief of Police and shall state from whom the
article was received.[1]
B.
Goods to be exhibited on demand. Any junk merchant who
shall have or receive any goods, articles or things stolen, lost or alleged
or supposed to have been lost or stolen shall exhibit the same on demand to
any magistrate, the Mayor, Chief of Police, any police officer, or any person
duly authorized in writing by any magistrate or the Mayor or Chief of Police,
who shall exhibit such authorization to such junk merchant.
A.
Any license issued under the provisions of this chapter
may be suspended for a period not to exceed 10 days or revoked by the Common
Council if the Council receives a signed municipal official or citizen complaint
and, after notice and hearing, the Council finds that the licensee is guilty
of any of the following:[1]
(1)
Fraud, misrepresentation or incorrect statement made
in the course of carrying on the junk business.
(2)
Any violation of this chapter.
(3)
Conviction of a state or federal crime materially related
to the conduct of business under this chapter.
(4)
Conducting the licensed business in an unlawful manner
or in such a manner as to constitute an offense or a threat to the health,
safety or general welfare of the public.
B.
Hearing. Upon complaint being made in writing by any
municipal official or resident of the City filed with the City Clerk that
the licensee has violated any of the provisions of this chapter, notice of
hearing to show cause why the license should not be revoked shall be given
by the City Clerk. Such notice shall set forth specifically the grounds of
complaint and the time and place of hearing and shall be mailed, postage prepaid,
by certified mail with return receipt requested, addressed to the licensee
at his last known address, at least five days prior to the date set for hearing
or shall be delivered by a police officer in the manner provided for the service
of a summons at least three days prior to the date set for the hearing.
