Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this article:
(a) Person shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.
(b) Junk shall mean old iron, steel, brass, copper, tin, lead, or other base metals; old cordage, ropes, rags, fibers, or fabrics; old rubber, including tires; used batteries; old bottles or other glass; bones, wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any vehicle, farm machinery, or motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but “junk” shall not include materials or objects accumulated by a person as by-products, waste, or scraps from the operation of his own business or materials or objects held and used by a manufacturer as an integral part of his own manufacturing process.
(c) Junkyard shall mean an outdoor yard lot, or place, covered or uncovered, containing junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling, or offering for sale any such junk, in whole units or by parts.
(d) Business Premises or Premises shall mean the area of a junkyard as described in a junk dealer’s license or application for license, as provided for in this article.
(Ord. 1669; Code 1988)
It shall be unlawful for any person to collect junk or operate a junkyard in the city whether personally, by agents or employees, single, or along with some other business or enterprise, without first having obtained a junk dealer’s license therefore from the Board of Investigators in accordance with the provisions of this article. A junk dealer who operates more than one junkyard within the city shall be required to have in effect, a separate license for each yard.
(Ord. 1669; Code. 2002)
(a) A Board of Investigators consisting of the fire chief, the chief of police, and the building inspector, is hereby created with the building inspector as chairman. Except where otherwise provided, a majority of the members of the board shall constitute a quorum. The board shall appoint a secretary for itself from among the employees of the city, adopt its own procedural rules, and keep a record of its proceedings and transactions.
(b) It is hereby made the duty of the board to enforce, or aid in the enforcement of all provisions of this article, and for this purpose any of the above members of the board, or their duly authorized representatives, shall have the right and are hereby empowered to enter upon any premises on which any business subject to the provisions of this article is located, or about to be located, and inspect the same at any reasonable time. The board is further empowered to issue orders granting, renewing, and revoking any license provided for in accordance with the provisions of this article.
(Ord. 1669; Code 1988)
An applicant for license under this article shall file with the chairman of the Board of Investigators, a written application signed by himself, if an individual, by all partners, if a partnership, and by the president or chief officer of a corporation or other organization, upon forms provided by the Board of Investigators, together with two copies of such application and a fee as set by resolution of the governing body. The application shall be sworn to by each of its signers before a notary public or other officer authorized by law to administer oaths and shall include the following information or material:
Applications:
(a) Name, residence address, and telephone number of each individual owner, partner, or, if a corporation or other organization, each office and director.
(b) The trade name and address of the business if any on behalf of which application is made and its telephone number, if assigned.
(c) The name, residence address, and telephone number of the manager of the property as of the time the application is filed.
(d) Exact address or location of the place where the junk is or is proposed to be, plus a sketch of the actual premises, giving distances in feet and showing adjoining roads, property lines, buildings, and uses.
(e) Such other information as the Board of Investigators shall find reasonably necessary to effectuate the purposes of this article and to arrive at a fair determination of whether the terms of this article have been complied with.
(Ord. 1669; Code 1988)
(a) Upon receipt of an application for a junk dealer’s license as provided for herein, the chairperson of the Board of Investigators shall furnish copies of same to the other members of the board. The chief of police shall cause an investigation to be made of the applicant’s business responsibility and moral character. The proposed or existing premises and equipment with which the junkyard is being or is to be operated shall be examined by the other members of the board or their duly appointed representatives. No junk dealer’s license shall be issued unless the application is approved by all members of the board.
(b) The chief of police shall approve the application only if he finds that the applicant’s business responsibility and moral character are satisfactory and that all agents or officers of applicant, if any, who will take part in the operation of such business are of good character and reputation and capable of operating in a manner consistent with public health, safety, and good morals.
(c) The building inspector shall approve the application only if he finds that any proposed or existing buildings or equipment with which the junkyard is being or is to be operated conform to the requirements of the Building Code and the requirements of this article.
(d) The fire chief shall approve the application only if he finds that the proposed or existing premises and equipment conform to the requirements of this article and all applicable fire-prevention laws.
(e) If any of the findings provided for in subparagraphs (b), (c), and (d) above are unfavorable to the applicant, the chairperson shall, within 30 days after the filing of the application, notify the applicant that his application is disapproved and that no license will be issued. Upon request, he shall furnish the applicant with a brief written statement of the grounds upon which the application was disapproved. If the findings in subparagraphs (b), (c) and (d) above are favorable to the applicant the chairperson shall, within 30 days after the filing of the application, issue a junk dealer’s license to the applicant if he finds:
(1) That the applicant has obtained from the official charged with administration under the zoning regulations a certificate to the effect that the junkyard will not be a violation of existing city zoning regulations; and
(2) That the applicant has paid the fee prescribed by this article.
(f) The license as issued shall bear the following language on its face: “IMPORTANT This license applies only to the premises indicated herein and authorizes the licensee to operate a junkyard in a lawful place and manner only; it is not a substitute for any certificate of occupancy, building permit, or other certificate or permit that might be required by law of the licensee, and it does not relieve the licensee of the responsibility to have all such required permits or certificates at all times and comply with all laws affecting the above-described business.”
(g) The chairman shall keep a permanent record of all applications filed and all licenses issued in accordance with this article.
(Ord. 1669; Code 1988)
(a) Unless otherwise provided by the Board of Investigators, any license or renewal license issued hereunder shall be effective as of the date of its issuance and shall expire at the end of each calendar year.
(b) An applicant for a renewal license shall file with the Chairman of the Board of Investigators a written application upon forms provided by the board, signed and sworn to in the same manner required in the case of an original application together with two copies of the application and a fee as hereinafter prescribed. The application shall contain such information about the applicant’s demeanor and the conduct and operation of the licensed business during the preceding license period as is reasonably necessary to enable the board to determine the applicant’s eligibility for a renewal license.
(Ord. 1669; Code 1988)
The annual fee to be paid for any license or renewal license issued hereunder shall be an amount of which is set by resolution of the governing body, due and payable upon, and to be computed as of January 1, of the current year.
(Ord. 1669; Code 1988)
No license issued under this article shall be transferred or assigned or used by any person other than the one to whom ii was issued, and no junk dealer’s license shall be used at any location other than the one described in the application upon which it was issued.
(Ord. 1669; Code 1988)
(a) The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this article.
(1) The license issued pursuant to this article shall be plainly displayed on the business premises.
(2) The junkyard, together with things kept therein, shall at all times be maintained in a sanitary condition.
(3) No space not covered by the license shall be used in the licenses business.
(4) No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
(5) Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than eight inches.
(6) No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse of any kind be kept on the premises, unless such refuse is junk as defined herein.
(7) No junk shall be allowed to rest upon or protrude over any public street, walkway, or curb or become scattered or blown off the premises.
(8) Junk shall be stored in piles not exceeding 10 feet in height and shall be arranged so as to permit easy access to all such junk for firefighting purposes.
(9) No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard.
(10) Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
(11) No junk or other material shall be burned on the premises.
(12) No noisy processing of junk or other noisy activity shall be carried on in connection with the licensed premises on Sunday, Christmas, Thanksgiving, or at any time between the hours of 6:00 p.m. and 7:00 a.m.
(13) The area on the premises where junk is kept which fronts a paved street shall be enclosed, except for entrances and exits, with a solid, vertical wall or fence of a minimum height of eight feet measured from ground level. Natural screening, i.e., evergreen trees can be substituted for the wall or fence where the minimum height requirement is met. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business.
(14) The licensee shall permit inspection of the business premises by any member or representative of a member of the Board of Investigators at any reasonable time.
(15) No junkyard shall be allowed to become a nuisance; nor shall any junkyard be operated in such manner as to become injurious to the health, safety, or welfare of the community or of any residents close by.
(Ord. 1669; Code 1988)
When the Board of Investigators determines that the public interest so requires it shall revoke or suspend the license of any junk dealer when it finds, after due investigation, that:
(a) The junk dealer or any agent or officer of such dealer who takes part in the operation of the licensed business, is not capable of operating the licensed business or carrying on the licensed activity in a manner consistent with public health, safety, and good morals; or
(b) The junk dealer has failed to comply with the provisions of this article or any provision of law applicable to the premises, equipment, or operation of the licensed business; or
(c) The licensee has obtained his license through any fraud or misstatement; or
(d) The licensed business or activity is being conducted in a manner detrimental to the health, safety, or general welfare of the public, or is a nuisance, or is being operated or carried on in any unlawful manner; or
(e) The licensed business or activity is no longer being operated or carried on.
(Ord. 1669; Code 1988)
(a) Any person aggrieved by an order of the Board of Investigators granting, denying, renewing, or revoking a license for a proposed or existing activity subject to the provisions of this article, may file a written request for a hearing before the city council within 10 days after issuance of such order. The city council shall give notice of a public hearing upon this request to be held in not less than five days after service of the notice on the person requesting the hearing The city council shall also give notice of the hearing to other persons directly interested in the order in question. At such hearing, the council shall determine whether the granting, denial, renewal, or revocation of the license was in accordance with the provisions of this article and shall issue a written findings of fact, conclusions of law, and an order to carry out its findings and conclusions. These findings of fact, conclusions of law, and order shall be filed with the city clerk, and served upon all parties appearing or representative at said hearing.
(b) The city attorney shall furnish such assistance and advice to the Board of Investigators as the board shall request.
(Ord. 1669; Code 1988)