(A) No person, firm or corporation shall engage in or conduct business as a junk dealer/auto recycling dealer or an automotive recycling yard and/or junkyard without first having secured a conditional use permit and a license issued pursuant to the provisions of this chapter.
(B) Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this section:
AUTOMOTIVE RECYCLABLES and/or JUNK. Motor vehicles in whole or part, no longer used as such, to be used for scrap metal or stripping of parts; 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; wastepaper and other waste or discarded material which might be prepared to be used again in some form; 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 business or materials or objects held and used by a manufacturer as an integral part of his own manufacturing processes.
AUTOMOTIVE RECYCLING DEALER and/or JUNK DEALER. A person who operates an automotive recycling yard and/or junkyard, as defined above, within the city.
AUTOMOTIVE RECYCLING YARD and/or JUNKYARD. A yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing automotive recyclables and/or junk as defined above, upon which occurs one or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such automotive recyclables and/or 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. Any person, firm, partnership, association, corporation, company or organization of any kind.
(C) All applicants desiring to secure a license, shall make a written application to the Clerk upon forms supplied by the city, accompanied with a fee as set by City Council resolution.
(D) No license shall be issued until the applicant has executed and deposited, with the Clerk a corporate surety bond in the sum of $10,000 guaranteeing the compliance with the provisions of this section. Such bond shall remain in force and must be executed for a period of one year except that on such expiration, it shall remain in force as to all penalties, claims and demands that may have occurred thereunder prior to such expiration.
(E) The City Council or its duly authorized representatives, shall inspect the automotive recycling yard and/or junkyard of all dealers licensed under this section at least once a year to determine whether such yards are being operated in accordance with the provisions of this section and other applicable provisions of law. The licensee shall permit inspection of the business premises by any member or representative of the City Council at any time during regular business hours.
(F) Each dealer shall display the license in a conspicuous place on the business premises. No license issued under this section shall be transferred or used by any person other than the one to whom it was issued.
(`77 Code, § 5.202) (Am. Ord. 1377, passed 10-12-98; Am. Ord. 1535, passed 9-8-08) Penalty, see § 5.701