Chapter 5.50
STORAGE OF JUNK
Sections:
5.50.050 Purpose and standards.
5.50.060 Investigation – Approval and issuance of license – Junk dealers.
5.50.070 Investigation – Approval and issuance of permit – Itinerant junk dealers.
5.50.080 Period of permit and renewal procedure.
5.50.100 Permit not transferable.
5.50.110 General operating requirements.
5.50.130 Revocation and suspension.
5.50.140 Rehearing on granting, denial, renewal, or revocation of permit.
5.50.010 Definitions.
Except where otherwise indicated by the context the following definitions shall apply in the interpretation and enforcement of this chapter.
“Business premises” or “premises” shall mean the area of a junk yard as described in a junk dealer’s permit or application for permit as provided for in this chapter.
“Itinerant junk dealer” shall mean an individual who buys, sells, collects, or delivers junk within the Town as a business or employment within the Town but who is not an operator of a junk yard within the Town or an employee of such an operator.
“Junk” shall mean old iron, steel, brass, copper, tin, lead or other base metals, old cordage, ropes, rags, fibers or fabrics, old rubber, old bottles or other glass, bones, waste paper and other waste or discarded material which might be prepared to be used again in some form; any mode of transportation no longer used as such, or parts thereof, that are retained and are to be used for scrap metal or stripping of parts and any or all of the foregoing, 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 processes.
“Junk dealer” shall mean a person who operates a junk yard as defined in this section with the Town.
“Junk yard” shall mean a yard, lot or place covered or uncovered, outdoors or in an enclosed building, 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, for a business or commercial purpose whether or not the proceeds from such act or acts are to be used for charity.
“Person” shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. (2008 code § 8.12(1))
5.50.020 Permit required.
It shall be unlawful for any person to act as a junk dealer in the Town of East Troy whether personally, by agents or employees, singularly or along with some other business or enterprise without first having obtained a permit therefor from the Town Board in accordance with the provisions of this chapter. (2008 code § 8.12(2))
5.50.030 Enforcement.
1. It is hereby made the duty of the Town Police Department to enforce the provisions of this chapter.
2. The Town Board is empowered to issue orders granting, renewing or revoking any permit provided for in accordance with the provisions of this chapter. (2008 code § 8.12(3))
5.50.040 Application.
An applicant for permit under this chapter shall file with the Town Clerk a written application signed by himself if an individual, by all partners if a partnership, and by the resident or chief officer of a corporation or other organization upon forms provided for by the Town, together with two copies of such application and the fee which is hereinafter prescribed. 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:
1. Junk Dealer Applications.
a. Name, residence address and telephone number of each individual, owner, partner, or if a corporation or other organization, each officer and director.
b. Trade names used during the previous five years by the applicant and each person signing the application, along with the locations of prior establishments.
c. With respect to each person signing the application, the names and addresses of his employers during the previous five years.
d. The trade names and address of the business on behalf of which application is made and its telephone number if assigned.
e. The name, residence address and telephone number of each person employed or intended to be employed in the business as of the time the application is filed.
f. Exact address or location of the place where the business is or is proposed to be carried on plus a sketch of the actual premises to be used in connection with the business giving distances in feet and showing adjoining roads, property lines, buildings, and uses.
g. A description of the materials with which any buildings are or are to be made; a sketch giving distances showing the location of such buildings on the business premises; and a diagram or plan giving distances and heights showing floors, exits, entrances, windows, ventilators, and walls.
h. Such other information as the Town Board shall find reasonably necessary to effectuate the purposes of this chapter and to arrive at a fair determination of whether the terms of this chapter have been complied with.
2. Itinerant Junk Dealer Application.
a. Name, residence address, and telephone number.
b. Trade names and exact locations and descriptions of any businesses operated by applicant presently and during the past five years.
c. Names and addresses of employers of applicant presently and during the past five years.
d. Names and addresses of two persons other than employers or relatives, preferably local residents, who know the applicant personally.
e. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance; the nature of the offense; the date of its commission; and the punishment or penalty assessed therefor.
f. A photograph of the applicant taken within 60 days immediately prior to the date of filing the application which photograph shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishable manner.
g. Trade name, business address and telephone number if assigned of applicant or any employer of applicant in connection with his activities as an itinerant junk dealer and a description of such activities.
h. Such other information as the Town Board shall find reasonably necessary to effectuate the purposes of this chapter and to arrive at a fair determination of whether the terms of this chapter have been complied with. (2008 code § 8.12(4))
5.50.050 Purpose and standards.
The purpose of this chapter is to provide for the licensing and regulating of junk yards, junk dealers, and itinerant junk dealers so as to protect the health, safety, and welfare of the general public through the prevention of dangerous, unsanitary, overgrown, littered, hazardous, and unsafe conditions. (2008 code § 8.12(5))
5.50.060 Investigation – Approval and issuance of license – Junk dealers.
1. Upon receipt of an application for a junk dealer’s license as provided herein the Clerk shall furnish copies of the same to the Town 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 junk yard is being or is to be operated shall be examined by the Building Inspector. The report of the Chief of Police and the Building Inspector shall be submitted to the Town Board within 14 days of the filing of the application.
2. The Town Board shall approve the application only if it 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 the business in a manner consistent with public health, safety, and good morals. It shall be a further requirement of approval that the Board find that any proposed or existing buildings or equipment with which the junk yard is being or is to be operated conform to the requirements of the Building Code and the requirements of this chapter. It shall be a further condition of approval that the Board find that the premises and equipment conform to the requirements of all applicable health laws and fire prevention laws.
3. The Board shall rule on the application at the next regular meeting following the submission of the reports of the Chief of Police and Building Inspector. If any of the findings provided for in the above subsections are unfavorable to the applicant, the Clerk shall, within seven days after the hearing, notify the applicant that his application is disapproved and that no permit shall 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, required by the above subsections, are favorable to the applicant, the Clerk shall, within seven days after the meeting of the Board, issue a junk dealer’s permit to the applicant.
4. The permit as issued shall bear the following language on its face:
Important: this permit applies only to the premises indicated herein and authorizes the applicant to operate a junk yard 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 applicant and it does not relieve the applicant of the responsibility to have all such required permits or certificates at all times and comply with all laws affecting the above described premises.
5. The Clerk shall keep a permanent record of all applications filed and permits issued in accordance with this chapter. (2008 code § 8.12(6))
5.50.070 Investigation – Approval and issuance of permit – Itinerant junk dealers.
1. Upon receipt of all applications for an itinerant junk dealer’s permit as provided for herein the Town Clerk shall furnish copies of the same to the members of the Town Board and the Chief of Police shall cause an investigation to be made of the applicant’s business responsibility and moral character and submit his report to the Town Board within 14 days of the filing of the application. At the next regular meeting following the submission of the report of the Chief of Police, the Board shall rule on the application. If the Board finds that the applicant’s business responsibility and moral character are satisfactory and if the fee prescribed by this chapter has been paid, the Clerk shall, within seven days after the meeting, issue an itinerant junk dealer’s permit to the applicant. If the Board finds that the applicant’s business responsibilities or moral character is unsatisfactory the Clerk shall, within seven days after the meeting, notify the applicant that his application is disapproved and that no permit will be issued. Upon request, he shall furnish the applicant with a brief written statement of the grounds upon which his application was disapproved.
2. The Clerk shall keep a permanent record of all applications filed and all permits issued in accordance with this chapter. (2008 code § 8.12(7))
5.50.080 Period of permit and renewal procedure.
1. Unless otherwise provided by the Board, any permit or renewal permit issued hereunder shall be effective as of the date of its issuance and shall expire at the end of the calendar year.
2. An applicant for a renewal permit shall file with the Clerk a written application upon forms provided by the Town and 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.
3. The application shall contain such information about the applicant’s demeanor and the conduct and operation of the permitted business during the preceding permit period as is reasonably necessary to enable the Board to determine the applicant’s eligibility for a renewal permit. (2008 code § 8.12(8))
5.50.090 Permit fees.
The annual fee to be paid for any permit or renewal permit issued hereunder shall be $100.00 in the case of junk dealers and $50.00 in the case of itinerant junk dealers, due and payable upon and to be computed as of the filing of the application for the permit except that no fee shall be required of a nonprofit charitable enterprise. (2008 code § 8.12(9))
5.50.100 Permit not transferable.
No permit issued under this chapter shall be transferred or assigned or used by any person other than the one to whom it was issued and no junk dealer’s permit shall be used at any location other than the one described in the application upon which it was issued. (2008 code § 8.12(10))
5.50.110 General operating requirements.
1. The following general operating requirements shall apply to all junk dealers permitted in accordance with the provision of this chapter:
a. The permit issued pursuant to this chapter shall be plainly displayed on business premises.
b. The junk yard together with things kept therein shall at all times be maintained in a sanitary condition.
c. No space not covered by the permit shall be used in the permitted business.
d. No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes.
e. Weeds and vegetation on the premises other than trees shall be kept at a height of not more than four inches.
f. 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 and is in use in the permitted business.
g. No junk shall be allowed to rest upon or protrude over any public street, walkway or curb, or become scattered or blown off the business premises.
h. 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 fire fighting purposes.
i. No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall premises be allowed to become a fire hazard.
j. Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises.
k. No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of the building code and no junk or other material shall be burned on the premises in the open except as otherwise provided by law.
l. No noisy processing of junk or other noisy activity shall be carried on in connection with the permitted premises on Sunday, Christmas, Thanksgiving or at any time between the hours of 6:00 p.m. and 7:00 a.m.
m. The area on the premises where junk is kept other than indoors 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. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the permitted business.
n. The applicant shall permit inspection of the business premises by any member or representative of a member of the Town at any reasonable time.
o. No junk dealer permitted hereunder or his agent or employee shall purchase or receive any junk for use in the permitted business from any person under the age of 18 years without the written consent of a parent or guardian of such person. Such writing shall be held available for inspection by any member or representative of a member of the Town for a period of at least five years.
p. Each acquisition of junk shall be recorded in English in a permanent type register kept on the business premises giving the name and residence address of the person from whom the acquisition was made, a description of the junk acquired and the date of the transaction. Such data shall be held available for inspection by any member or representative of a member of the Town Board for a period of at least five years.
q. No junk yard shall be allowed to become a nuisance nor shall any junk yard be operated in such manner as to become injurious to the health, safety, or welfare of the community or of any residents close by.
2. The following general operating requirements shall apply to all itinerant junk dealers permitted in accordance with this chapter:
a. The applicant shall have the permit issued to him under this chapter in his immediate possession at all times when he is acting as an itinerant junk dealer in the Town and shall exhibit it to any person upon request.
b. He shall not purchase or receive any junk from any person under the age of 18 years without a written consent of a parent or guardian of such person. He shall retain such writing for a period of at least five years and shall produce it within a reasonable time upon request of any member or representative of the Town Board.
c. He shall record in English in a permanent type register each acquisition of junk within the Town giving the name and residence address of the person from whom the acquisition was made, a description of the junk acquired and the date of the transaction. He shall retain such data for a period of at least five years and shall produce them within a reasonable time upon the request of any member or representative of the Town Board. (2008 code § 8.12(11))
5.50.120 Inspection.
The Building Inspector shall inspect the junk yards of all junk dealers permitted under this chapter at least once a year to determine whether such yards are being operated in accordance with the provisions of this chapter and other applicable provisions of the law. The Building Inspector shall immediately thereafter make his written report to the Town Board. (2008 code § 8.12(12))
5.50.130 Revocation and suspension.
When the Board determines that the public interest so requires, it shall revoke or suspend the permit of any junk dealer or itinerant junk dealer when it finds after due investigation, note and hearing that:
1. The junk dealer or any agent or officer of such dealer who takes part in the operation of the permitted business or the itinerant junk dealer who is not of good character or reputation or is not capable of operating the permitted business or carrying on the permitted activity in a manner consistent with the public health, safety, and good morals; or
2. The junk dealer has failed to comply with the provisions of this chapter or any provision of law applicable to his equipment or permitted operation; or
3. The applicant has his permit through any fraud or misstatement; or
4. The applicant 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
5. The applicant business or activity is no longer being operated or carried on. (2008 code § 8.12(13))
5.50.140 Rehearing on granting, denial, renewal, or revocation of permit.
1. Any person aggrieved by an order of the Board granting, denying, renewing, or revoking a permit for a proposed or existing business or activity subject to the provisions of this chapter may file a written request for a rehearing before the Board within 10 days after issuance of such order. The Board shall give notice by one publication in the official Town newspaper of a public hearing upon this request to be held in not less than five days or more than 30 days after publication of the notice. At such rehearing the Board shall determine whether the granting, denial, renewal, or revocation of the permit was in accordance with the provisions of this chapter 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 Clerk and shall be published once in the official Town newspaper within 30 days of the rehearing. (2008 code § 8.12(14))
5.50.150 Compliance.
Any person acting as a junk dealer or itinerant junk dealer within the Town on the effective date of this code shall have a period of 90 days after such effective date to comply with the provisions thereof. (2008 code § 8.12(15))