Chapter 5.16
JUNKYARDS
Sections
5.16.020 Certificate of location—required
5.16.030 Certificate of location—issuance conditions
For statutory provisions regarding the regulation of junkyards and junk dealers, see AS 08.60.
5.16.010 Definitions
For the purpose of this chapter:
“Abandoned” as used in KCC 5.16.030(h) includes but is not limited to any automobile or truck or parts thereof which is:
(a) Not licensed as a motor vehicle in accordance with the law of Alaska for the then current year; and
(b) Cannot be operated as a motor vehicle because of mechanical failure or defects.
“Junk” means any secondhand and used machinery, scrap iron, copper, lead, zinc, aluminum, or other metals; it also includes wrecked automobiles, tools, implements, rags, used building materials, rubber, and paper.
“Junkyard” means a location where junk is gathered together and stored for a commercial, public, or private purpose within the boundaries of the city. [Ord. 321, 1968. CCK §6.9.3]
5.16.020 Certificate of location—required
No person shall establish, operate, or maintain a commercial, private, or public junkyard without a certificate of location being first issued therefor by the council. [CCK §6.9.1]
5.16.030 Certificate of location—issuance conditions
The council shall, in considering applications for such certificate, take into account:
(a) The nature and development of the surrounding property;
(b) The need to protect the local economy, adjacent land owners, and the motoring public from economically depressing and unsightly roadside locations;
(c) The proximity of the proposed junkyard to churches, schools, hospitals, public buildings, recreation areas, or other places of public gathering;
(d) The sufficiency in number of other similar business establishments in the city;
(e) The adequacy of fences and other types of enclosures proposed to prevent the unsightly display of any junkyard;
(f) The health, safety, and general welfare of the public;
(g) The suitability of the applicant to establish, maintain, or operate such a business;
(h) The placement upon public property not set aside by law as a refuse disposal site, commercial, private, or public junkyard, or upon any private property not specifically established, operating, or maintained as a commercial, private, or public junkyard, of any wrecked, junked, or abandoned truck or automobile parts or bodies thereof, whether attended or unattended, constitutes a public nuisance and may be abated in the manner provided for herein in addition to any other remedies the city may have for the abatement of public nuisances; and
(i) Nuisances as defined by subsection (h) of this section may be abated as follows, without reference to or limitation by any other provision of the city code. The city manager or designee, after investigation, may order the abatement of such nuisance by giving notice to the owner of the premises upon which the nuisance is located to abate the nuisance within the time specified in such notice. The city manager may also give notice to the last known registered owner or any person or persons who may have acquired the right to possession through the registered owner, of any vehicle declared to constitute a public nuisance by subsection (h) of this section, persons placing the nuisance upon the property of another, or the lessee, agent, tenant, or other person in control of the property where the nuisance is situated at the time of the notice to abate. If the nuisance is not abated within the time as provided in the notice which shall be not less than five days, the city manager or city manager’s designee may cause the abatement of such nuisance and the cost of abatement may be charged against any or all of the foregoing persons to whom notice was given. Notice is deemed given when posted in the U.S. mail to the last known address of such persons, certified or registered, return receipt requested. The costs of abating such nuisance may likewise be charged as a lien against and levied and collected as property taxes are levied and collected, but only if the city proceeds in accordance with this subsection. The procedure for abating or dealing with a public nuisance as prescribed in this section shall be cumulative and in addition to any other procedures authorized by law or ordinance. Pursuant thereto, the following regulations shall be adopted:
(1) All fences or enclosures shall be seven feet in height and the boards thereof spaced no greater than two inches apart.
(2) No junkyard shall be located less than 500 yards from a residential area.
(3) No person having been convicted of any felony or of any other criminal offense involving theft shall be considered a suitable applicant.
(4) All persons operating a junkyard shall keep a record of their purchases, which may be in the form of a receipt showing the date, name of their purchases, which may be in the form of a receipt showing the date, name of seller, general description of article, and purchase price. [Ord. 321, 1968. CCK §6.9.2]