A "recycling yard" is defined as any place where materials that would otherwise be considered waste, are collected, separated or processed to be used as raw materials. Materials would include, but not be limited to, scrap iron or other metals, motor vehicles not in running condition and not being restored to running condition, parts of vehicles, plastic bottles or containers, rags, paper, cardboard, glass and tires. (Ord. 3876, 7-6-1992)
No person shall carry on or engage in the business of a recycling yard in the city without first procuring a license therefor, and paying a nonrefundable license fee of fifty dollars ($50.00) by May 1 of each calendar year. Any person conducting several or separate places of business shall obtain a license required by this chapter and pay the license fee therefor, and give a bond for each location. A bond shall be filed with the city clerk in the penal sum of one thousand dollars ($1,000.00), conditioned that the applicant will comply with and observe the terms and conditions of all provisions of this code and other city ordinances relating to said business, and that the applicant will pay all costs, fines and penalties incurred on account of failure to observe such laws. (Ord. 3876, 7-6-1992)
A. Each person desiring to engage in the business of a recycling yard shall make written application to the city clerk, on forms furnished by the city clerk, which shall contain the following information:
1. Name and address of applicant.
2. Business name and business address.
3. Legal description of business premises.
4. Brief description of operation.
Upon receipt of the completed application, bond and fee, the city clerk shall notify the following departments of said application and contents: city health inspector (or designee), planning and development department and the fire department. Said departments are responsible for inspection of the described premises in accordance with all city ordinances. Each department shall inform the city clerk of their decision to approve or disapprove the application based upon compliance with City ordinances. The city council shall then act upon the application and either approve or disapprove it. Upon city council approval, the city clerk shall issue a one year license accordingly. In the case of disapproval, the city council shall state the reasons for denial.
B. Said licenses shall be issued for a one year term and shall expire on April 30. Recycling yards, whether new or renewals, are subject to the same application and inspection procedures.
C. Licenses are not transferable. Refunds shall not be granted for unused portions of the year.
D. A license may be revoked by the city council, after required notice, for failure to comply with any or all city ordinances relating to the operation or maintenance of a recycling yard. (Ord. 3876, 7-6-1992)
A. In addition to the requirements of Ordinance 2479, the city's zoning ordinance, each applicant is subject to the following:
1. No fires, other than those fully contained and used for heating purposes only, shall be permitted upon the premises licensed pursuant to this section, and no rubbish or other materials shall be burned except in an approved type incinerator.
2. The applicant shall maintain the licensed area in a sanitary manner as is reasonable and consistent with such an operation and shall not allow any condition to exist which constitutes a health or safety hazard to surrounding property or persons.
B. Nothing in this chapter shall prohibit a police officer from entering the premises for the purpose of discovering stolen property.
C. A recycling operation shall not sell, melt, breakup or otherwise dispose of any article which he has reason to believe has been stolen, or which is adversely claimed by any person, or which he has been notified not to sell or otherwise dispose of by the sheriff or police department. (Ord. 3876, 7-6-1992)
Each clerk, agent or employee of any recycling yard shall be subject to and bound by all the provisions of this chapter and shall be liable to the same penalties, and to the same extent as his employer or principal for any violations of this chapter, except that such clerks, agents or employees shall not be required to pay the license fee or procure the license required by this chapter. The employer of a clerk, agent or employee shall be liable for the acts of his clerk, agent or employee. (Ord. 3876, 7-6-1992)
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