Section
114.01 Definitions
114.02 License required; persons prohibited from receiving license
114.03 Fees; expiration of license
114.04 Metal tag to be kept by licensee
114.05 Business to be conducted inside building; fences or gates
114.06 Dealing in second hand articles
114.07 Sales of second hand bedding and clothing
114.08 Business hours
114.09 Sign; records
114.10 Articles to be held for certain time; description of articles to be provided to Village Clerk
114.11 Purchases from certain persons prohibited
114.12 Maintenance of premises
114.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COLLECTOR. A person engaged in the business of collecting, receiving or purchasing second hand property or junk.
JUNK. Any personal property which is or may be salvaged for re-use, re-sale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for any of the aforesaid purposes. Without limiting the aforesaid definition of JUNK, the term shall include used or salvaged iron, brass, lead, copper and other base metal or metals and their compounds or combinations; used or salvaged ropes, bags, paper, rags, glass, rubber and similar articles or property, and used motor vehicles which are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
JUNK DEALER. Every person who engages in the business of buying, exchanging, collecting, receiving, storing or selling any article or articles hereinabove defined as “junk.”
JUNK YARD or JUNK SHOP. Any place at which a junk dealer buys, exchanges, collects, receives, stores, accumulates, sells or otherwise handles junk.
MOTOR VEHICLE DISMANTLING ESTABLISHMENT OR YARD. Any place at which motor vehicles are dismantled for purposes of taking the parts thereof for re-use or re-sale or destroying or salvaging same, and/or any place where motor vehicles are stored or accumulated for the purposes of dismantling same.
PERSON. Firm, corporation or individual PERSON.
SECOND HAND DEALER. Any person who engages in the business of buying, exchanging, collecting, receiving, storing or selling any property defined in this section as “second hand property.”
SECOND HAND PROPERTY. Any used household furniture, used wearing apparel, used lumber, used brick, used tile, used plumbing fixtures, used electrical fixtures, used articles made of precious metal or metals, used jewelry, used tools, used motor vehicles or parts thereof and any other used articles or personal property bought and sold by and from other than the original purchaser and user.
SECOND HAND STORE. Any place at which a second hand dealer buys, exchanges, collects, receives, stores or sells second hand property.
(Ord. 24, passed 7-2-1953)
(A) No person shall maintain or operate a second hand store or junk shop or junk yard or motor vehicle dismantling establishment, without first obtaining a license therefor. Application for such license shall be made to the Village Clerk upon blanks to be provided. The applicant shall state his or her name, whether a person, firm or corporation, the place or places at which such business is to be or is conducted or maintained and the applicant’s residence for a period of three years preceding such application. The applications so received by the Village Clerk shall be referred to the Village President and by him or her to the Village Marshal, for purposes of investigation and recommendation by such.
(B) After receipt of such recommendations, the application shall be submitted to the Village Council. The sole power to grant licenses hereunder is vested in said Village Council. Licenses granted by said Village Council shall be issued by the Village Clerk.
(C) Any applicant seeking to establish a second hand store or junk shop or junk yard or motor vehicles dismantling establishment, in a location not previously used for that purpose, or any licensee seeking to move or establish same in a location not previously used for that purpose, must first obtain the consent in writing of 65% of the owners of residential property within 300 yards of any part of the area in which the proposed business is to be conducted. Said area shall include any portion to be used for the storage of any property in connection with such proposed business.
(D) No second hand store, junk shop, junk yard or motor vehicle dismantling yard or any part thereof, shall be hereafter established or located in any residential zone in the village nor shall same be hereafter established or located within 300 feet from any public street or highway in the village, nor shall same be hereafter established or located within 300 feet from any inhabited building or dwelling, nor shall same be hereafter established or located within 300 feet from any adjoining private property line.
(E) No person known to be a thief or an associate of thieves, an habitual drunkard, a receiver of stolen property or incapable of keeping the records and making the reports herein provided for shall be deemed to be a suitable person to receive a license as second hand dealer or junk dealer, and any person to whom a license as may have been granted, may have his or her license revoked by the Village Council on good cause shown and after reasonable notice and opportunity to be heard before such Village Council or committee thereof.
(Ord. 24, passed 7-2-1953)
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