(A) License required.
(1) No person shall conduct, maintain, operate, carry on or engage in the business of junk dealer, junkyard and/or automobile graveyard without having obtained a license thereof from the town.
(2) A state license is also required per I.C. 9-22.
(Prior Code, § 6:10:03)
(B) Application for license, requirements, fee. Any person desiring to obtain a license to operate as a junk dealer, a junk yard and/or a automobile graveyard shall applying writing to the Clerk-Treasurer listing his or her full name and address and that of each officer, partner or business associate, and the address where such person intends to carry on such business.
(1) The application shall also contain the following information:
(a) Proof that the applicant is at least 18 years of age;
(b) Applicant’s height, weight, color of eyes and hair;
(c) Business, occupation or employment of the applicant for the three years immediately preceding the date of the application;
(d) All criminal convictions, except minor traffic violations;
(e) Is the location of the junkyard and/or automobile graveyard in compliance with the zoning ordinance;
(f) Is the site adequately screened or fenced so that it is not visible from the streets or alleys or from other public property and from private property;
(g) Is the site reasonably situated and screened in such a manner so that its attraction to young children will be minimized;
(h) Identify the steps applicant plans to undertake to prevent the site from being a breeding place for vermin, insects or rodents; and
(i) The number and location of entrances and exists to and from the premises.
(2) Upon receipt of an application for a license, the Clerk-Treasurer shall forward it to the Town Marshal who shall conduct an investigation concerning the truth of the facts stated in the application, the character of the applicant and the condition of the premises upon which the proposed licensed activity is to take place.
(3) Upon receiving the written results of the Marshal’s investigation, the Clerk-Treasurer shall forward the same along with the application to the Town Council and its President for review. If it appears that the location of the junkyard and/or automobile graveyard is in compliance with the zoning ordinance, has adequate screening and/or fencing, and if all other is in the best interest of the citizens of the town, then the Board of Trustees and its president may authorize the Clerk-Treasurer to issue a license hereunder to the applicant upon payment of the $25 annual license fee.
(4) (a) The license fee shall be $25 for each calendar year or part thereof.
(b) A separate license must be acquired for each site operated by the applicant.
(c) All licenses issued hereunder shall expire as of December 31. The applicant may renew his or her license upon the payment of $25 to the Clerk-Treasurer who shall renew the license upon the application’s affirming that the information contained in the original application is still valid.
(d) Any changes in the applicant’s status or in the information contained in the original application must be reported immediately to the Clerk-Treasurer who shall promptly transmit the same to the Town Council and its President.
(5) No person shall operate, maintain or conduct a junkyard or automobile graveyard without a current, valid license.
(Prior Code, § 6:10:04)
(C) Suspension or revocation of license. Licenses issued under this subchapter may be suspended or revoked by the president of the Town Council pursuant to the notice and hearing procedure set forth at I.C. 36-4-5-5. A license shall be revoked or suspended of there is a finding that the person complained of has:
(1) Willfully violated a term or condition of his or her license;
(2) Willfully done or permitted to be done an act in violation of a statute ordinance or code of ordinances, relating to the business, profession or occupation licensed; or
(3) Conducted the licensed business, profession or occupation in such a manner as to constitute a threat to the public health, safety or general welfare.
(Prior Code, § 6:10:07)
(Ord. 82-40, passed 2-2-1983) Penalty, see § 113.99