1163.14 JUNKYARDS.
   (a)   Junkyards in Operation; Fence Required. No junkyard shall be operated or maintained adjacent to any improved public street or avenue of the City, or adjacent to any dwelling house occupied as such, until there is constructed and maintained a building or a tight board fence not less than eight feet (8’) in height, or other approved fence, between such street or avenue or such dwelling house, and that portion of the yard on which junk and refuse is stored or kept.
   (b)   Requirements for New Junkyards.
      (1)   No junkyard shall be created or erected within 100 feet (100’) of any street or avenue in the City or within 200 feet (200’) of any dwelling occupied as such without obtaining the written consent of the owner of such neighboring dwelling. In the event such written consent is obtained, there shall be constructed and maintained a building or a tight board fence not less than eight feet (8’) high between the property line of such consenting owner and the space in the open area of which junk and refuse is stored or proposed to be stored.
      (2)   The building or fence as provided in this Chapter and in Section 753.02 shall be kept in good repair, and (if wood) shall be painted and kept painted in accordance with regulations of the Service-Safety Director of the City.
   (c)   Junkyard License; Application; Fee.
      (1)   No junkyard shall be erected, created, maintained or operated in the City without having obtained a license from the Mayor.
      (2)   Each applicant for such license shall file with the Mayor a statement, verified by oath, giving the location of his place of business, the area in square feet to be occupied by the business, and the nature of the business, including a statement that he intends to comply with all the requirements of Chapters of the Ohio Revised code (O.R.C.) 753.01 to 753.05 and shall annually thereafter, thirty (30) days preceding the expiration of his license, file a like statement verified by oath.
      (3)   The fee to be paid annually for such license shall be set by City Council based on the following:
         A.   An amount for the first ten thousand square feet (10,000 sq. ft.).
         B.   Incremental amount for each additional ten thousand square feet (10,000 sq. ft.), or fraction thereof.
      (4)   All licenses shall be valid for one (1) year from the date of issuance, and shall not be renewed until the annual statement required herein has been made, and it has been shown to the satisfaction of the Mayor that the applicant has complied with all of the regulations and stipulations contained in Section 1163.14.
   (d)   Clean and Sanitary Condition. All junkyards operated and maintained in the City shall be kept in a clean and sanitary condition, and shall be subject at all times to the supervision and orders of the Service-Safety Director and Board of Health; and smoke or offensive odors shall not be permitted or allowed to escape in such manner or in such quantities as to cause or have a natural tendency to cause injury, detriment or annoyance to any person or to the public, or to endanger the comfort, repose, health or safety of any person or the public, or in such manner as to cause or have the natural tendency to cause injury or detriment to business or property.
   (e)   Penalties. Whoever violates any provision of Section 1163.14 is guilty of a misdemeanor of the third degree. Each day's violation shall constitute a separate offense. See Chapter 1199 Violations, Enforcement, Penalties and Other Remedies.
(Ord. 2023-115. Passed 12-19-23.)