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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JUNK DEALER. Any person who buys, sells at retail or wholesale, and trades in, barters and exchanges new and used metals, rags, paper, scrap iron, scrap metal or new and used rubber, or who wrecks and demolishes buildings and personal property for the purpose of salvaging all junk, irons, metals and kindred articles therein contained.
JUNKYARDS. Any real estate or building used by a junk dealer for the sale, purchase, maintenance or storage of personal property of or for a junk dealer.
PERSON. An individual, partnership, joint enterprise, corporation, association or other legal entity.
(Prior Code, § 40.01)
(A) It shall be unlawful for any person to maintain or operate the business of junk dealer or junkyard within the town limits without first having obtained a junk dealer’s license. If the same person is a junk dealer and has a junkyard, only one license is required.
(B) Any person desiring a junk dealer’s license shall apply to the Clerk-Treasurer, stating in the application the name of the person, the proposed place of business and evidence of the compliance and agreement to comply with the terms of this subchapter, and requesting the issuance of a junk dealer’s license. Upon the approval of such application by the Town Council, said Council shall order the Clerk-Treasurer to issue to such person a junk dealer’s license after the payment by said person of the required license fee.
(C) Any license granted hereunder shall be valid for a period of one year from the date of issuance, and any subsequent license or renewal of license shall be obtained in the same manner as herein set forth for the issuance of an initial junk dealer’s license.
(Prior Code, § 40.02) Penalty, see § 114.99
No junk dealer’s license shall be granted to any person who is or proposes to be the operator of a business of junk dealer or junkyard in violation, nonconformity or noncompliance with any of the statutes of the state or the applicable statutes, laws, rules and regulations of the State Fire Marshal’s office or the Zoning Code of the town.
(Prior Code, § 40.04) Penalty, see § 114.99
No person shall permit the maintenance of a junkyard within the town limits outside of a building without first constructing a solid wall or fence completely enclosing the area in which any of the property of said junkyard is contained.
(A) Said wall or fence shall be at least eight feet high and shall be of solid metal or cement construction from the ground up.
(B) Any gates or similar openings shall be of the same or similar solid construction as said wall or fence.
(C) None of the personal property maintained or used in said junkyard within said wall or fence shall be located at a height of greater than three feet below the top of said wall or fence.
(Prior Code, § 40.05) Penalty, see § 114.99
(A) No person shall maintain or use any building within the town as a junkyard unless said building is first approved by the State Fire Marshal’s office as being of such repair and structure, for the purpose to which it is to be used, as not to constitute a fire hazard.
(B) No fire shall be permitted within the confines of a junkyard unless an attendant shall be present with a fire extinguisher for the purpose of safeguarding against fire hazard.
(Prior Code, § 40.06) Penalty, see § 114.99
No person shall maintain, use or permit the operation of a junkyard without taking such action and precaution as may be necessary to eliminate, by extermination measures, the habitat or breeding of any disease-carrying animals or insects detrimental to the health of the inhabitants of the town.
(Prior Code, § 40.07) Penalty, see § 114.99
(A) At all reasonable times, the Fire Marshal or any Deputy Fire Marshal may examine any location alleged to be operated or being used as a junkyard in order to ascertain compliance with the fire protection provisions of this code.
(B) The Town Council may, at any time, examine any person who proclaims to be a junk dealer and any place alleged to be a junkyard for the purpose of determining whether or not he or she is complying with the provisions of this chapter.
(Prior Code, § 40.08)
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