(A) (1) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
JUNK. Any worn out, discarded or abandoned materials, including but not limited to refuse, rubbish, old rags, metals, rubber, glass parts of machines and vehicles, waste paper, cloth and textiles having only salvage value. An accumulation of 1 or more partially dismantled or wrecked automobiles or portions thereof not capable of moving under their own power, and plainly not under repair, are herein defined as JUNK. An accumulation of 1 or more automobiles or portions thereof not capable of moving under their own power and not bearing license plates of the current year, shall be prima facie considered JUNK and are herein defined as JUNK and are so classified for the purposes of this section.
JUNK YARD. Any business, enterprise, establishment, lot or yard whose principal business is the accumulation, gathering, buying and selling of junk as above defined, or any site where junk as defined in this section is permitted or placed by the owner, tenant or operator of the site. Any person, partnership, corporation, firm or enterprise who shall allow the accumulation of junk as herein defined, upon any lot, yard or premises within the town limits of the Town of Clayton, New Mexico, shall be deemed to be conducting, operating or maintaining a JUNK YARD.
(2) Exemptions. This section shall not apply to any business conducted entirely within a building of the construction which conforms to the building ordinances of the town.
(B) No person, partnership, corporation, firm or other enterprise shall establish, conduct, operate or maintain a junk yard within the established fire limits of the town.
(C) (1) Before any person, partnership, corporation, firm or other enterprise may build, commence or establish a junk yard within the town, an application for a building permit must be filed with the Town Clerk-Treasurer. Upon approval of the application by the Building Commission, a building permit will be issued in accordance with the ordinances of the town.
(2) Each and every junk yard within the town must be operated under the authority of a license issued by the town. Applications for the license shall be filed with the Town Clerk-Treasurer and approved by the Board of Trustees of the Town of Clayton before the license shall be issued. The license will not be issued if it is found that the general public welfare of the town would suffer through unreasonable depreciation of surrounding or adjacent property by the establishment, maintenance and operation of the junk yard at its proposed site.
(D) Each and every junk yard within the town shall be completely enclosed about its perimeter within a fence not less than 8 feet in height and of a construction as is acceptable to the Building Commission of the town. Contents of the junk yard shall at no time be piled to a height greater than that of the enclosure fence described above.
(E) No junk yard shall be established, operated or maintained within the town unless and until all of the statutes of the State of New Mexico, as well as all of the rules, regulations and ordinances of the Town of Clayton have been complied with. Any junk yard being established, operated or maintained in violation of the statutes, rules, regulations and ordinances or in violation of this section is hereby declared a public nuisance.
(F) This section shall take effect 30 days after the date of publication.
(Ord. 338, passed 6-26-1950) Penalty, see § 94.99