Chapter 5-64
JUNK DEALERS

Sections:

5-64-010    License required.

5-64-020    Applications.

5-64-030    Fee.

5-64-040    Stolen goods.

5-64-050    Vehicles.

5-64-060    Location.

5-64-070    Zoning.

5-64-080    Area limitation.

5-64-090    Nuisance prohibited.

5-64-010 License required.

It is unlawful to purchase, sell or deal in junk, rags, old rope, paper, bagging, old iron, brass, copper, tin, lead, empty bottles or similar articles or to operate or carry on the business of keeper of a junk shop, store or place for the purchase, sale or dealing in any of said articles without first having obtained a license therefor as herein provided. Such articles shall include the purchase and sale of junked automobiles, or parts thereof. (Prior code § 5-15-1)

5-64-020 Applications.

Application for such license shall be made to the clerk upon a form provided by him setting forth the name and address of the applicant, the description of his business and whether or not it is desired to operate a junk shop, yard, store or place, the place where such junk shop, yard, store or place is to be operated, and the area of said junk yard. Such application shall be subject to approval by the council. (Prior code § 5-15-2)

5-64-030 Fee.

The fee to be paid for a junk dealer and auto wrecker license shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements; provided, that a junk dealer or auto wrecker not maintaining a store or yard in the city shall pay as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3316 § 2 (part), 2015; Ord. 2098, 1977; Ord. 1921 (part), 1973; prior code § 5-15-3)

5-64-040 Stolen goods.

Every keeper of a junk shop who shall receive or be in possession of any goods, article or things of value which may have been stolen shall upon demand produce such articles or thing to any member of the police department for examination. (Prior code § 5-15-4)

5-64-050 Vehicles.

Every vehicle used by a junk dealer in the conduct of his business, shall bear thereon in legible characters the name and address of the owner and proprietor thereof. (Prior code § 5-15-5)

5-64-060 Location.

A.    No person shall locate, build, construct, operate or maintain any junk yard in any block where a majority of the houses abutting on both sides of the street in the block are used exclusively for residence purposes without having first secured the written consent of the owners of a majority of the frontage abutting on such street on both sides within such block.

B.    The term “block,” as used in this section, shall be construed to mean and include that portion of the street between the two intersections with other public streets nearest the specified location on each side; provided that if, on either or both sides of such location, there is no such intersection within three hundred (300) feet of the center of the specified location, the block shall be considered as terminating at a point three hundred (300) feet from such center.

C.    The term “street,” as used in this section, shall be construed to mean and include such highways as have been dedicated by either common law or statutory dedication as public streets and are actually in use as such; and the term “street” shall not be construed to include or mean service highways which are commonly known as alleys. (Prior code § 5-15-6)

5-64-070 Zoning.

Irrespective of anything contained in this chapter, no business as defined in Section 5-64-010 shall be conducted except in conformity with the zoning provisions of this code. (Prior code § 5-15-7)

5-64-080 Area limitation.

No junk yard shall be maintained in a greater area than twenty thousand (20,000) square feet, and the council may at its discretion, in the best interest of the public, limit and restrict the number of licenses to be issued herein. (Prior code § 5-15-8)

5-64-090 Nuisance prohibited.

In every case where a license is issued under the provisions of this code, the licensee shall maintain and operate his business, and in particular, his junk yard, in the event a junk yard is operated, in such a manner as to not be a nuisance, and such licensee shall at all times keep his junk yard clear of unnecessary rubbish and clear away rubbish as may be directed by the police deportment from time to time, and if in the event such licensee shall not operate said junk yard in conformity with regulations of the police department, the city shall in all cases reserve the right to declare such junk yard a nuisance and abate same as such; and all licenses issued to junk dealers shall particularly specify therein that same is taken subject to provisions herein contained, to which the licensee consents. (Prior code § 5-15-9)