Title 7 „ Chapter 10

advertisement
Title 7  Chapter 10
Junk and Salvage Yards
7-10-1
7-10-2
7-10-3
7-10-4
7-10-5
7-10-6
Sec. 7-10-1
Definitions
Location
License Requirements
Revocation of license
liquidation
Restrictions
Definitions.
The following definitions shall be applicable to this Chapter
(a)
Junk or Salvage Yard. Any premises or building used for or in connection with
processing, buying selling, gathering, storing or shipping of old scrap metallics, rags,
paper, rubber, glass or other waste or salvage material commonly included within the
term junk or salvage, or wrecking of automobiles, trucks, tractors or other motor vehicles
or machinery shall be construed as a junk or salvage yard.
(b)
Junk or Salvage. Any item, material or product which is no longer usable as was
originally intended. An automobile, truck or other motor vehicle may be considered for
the purposes of this Chapter as junk if it is not currently licensed and has had any of its
parts removed or is not in operating condition.
Sec. 7-10-2
(a)
(b)
No junk or salvage yard shall be located within one hundred (100) feet of the boundary of
a residence or business and no operation in connection with such business shall be carried
on within one hundred (100) feet of any street, road or highway.
All junk and salvage yards shall meet the minimum standards for such yards as provided
in the Wisconsin Administrative Code, State of Wisconsin Solid Waste Disposal
Standards, Department of Natural Resources, Division of Environmental Protection.
Sec. 7-10-3
(a)
(b)
Location.
License Requirements.
Before any premises may be used as a junk or salvage yard, the same shall be licensed.
Application for a license shall be made to the Town Board setting forth the following:
(1)
The description of the premises to be licensed;
(2)
Nature of the business and materials to be handled;
(3)
(4)
(c)
(d)
(e)
(f)
Type of construction of buildings to be used in connection with the business;
Applicant's name and residence; if a firm, corporation, or limited liability
corporation, the full names and residences of the officers;
(5)
If ever convicted of a crime or is under arrest for an offense substantially related
to the proposed business; if so, what offense, when, in what court or if member of
any licensed firm; and
(6)
If another firm, was license revoked or renewal refused; if so, when.
(7)
Each applicant for a license shall execute a permit granting the Police Department
and Building Inspector permission to inspect and search the premises.
Upon filing of application with the Town Board, the Town Board shall, within thirty (30)
days of such application, hold a public hearing, notice of which shall be mailed to every
property owner at the address shown on the tax roll, within three hundred (300) feet of
the proposed site.
Notice shall state the proposed use to be made of the site, the time of the public hearing
and that an opportunity will be afforded to any person interested to be heard, and the date
the application will be acted upon.
If, after the hearing, the Town Board shall find that all details of the premises and
building are in conformity to the provisions of this Chapter and the site is suitable for the
conduct of the business, the Town Board shall authorize the issuance of a license. The
license fee shall be Fifty Dollars ($50.00) per year and the license shall expire June 30 of
each year. Licenses may be renewed from year to year on authorization of the Town
Board when inspection discloses that the business is being conducted in accordance with
the provisions of this Chapter.
Any junk or salvage yard in existence at the time of adoption of this Chapter shall be
licensed as if on a renewal basis without the required hearing and the Town Board may
waive any restrictions it deems appropriate.
Sec. 7-10-4
(a)
(b)
(c)
Revocation of License.
Upon written complaint of any interested person or on its own motion, if inspection
discloses that the provisions of this Chapter are being violated, the Town Board may hold
a public hearing to determine whether a junkyard license shall be revoked, notice of the
hearing to be given to all interested parties. After the public hearing, the Town Board
may order the junkyard license revoked.
Any person, member of a partnership or corporation whose license has been revoked
shall be ineligible to apply for a license under this Chapter during a period of two (2)
years from date of revocation and no partnership; association or corporation retaining,
associating or organizing with such revokee in the capacity of member, officer or director
or principal stockholder shall be eligible for a license or renewal of license during such
association with revokee during his infirmity.
Every partnership, association or corporation holding a license hereunder shall notify, in
writing, the Town Clerk of any change in members of such partnership, association or
corporation within ten (10) days of such change and any other pertinent information
deemed necessary by the Town Clerk.
Sec. 7-10-5
Liquidation.
When a renewal of a license is denied for the continuation of any business previously
licensed or upon revocation of license, the licensee shall have a period of ninety (90) days
in which to terminate his business during which time he shall be required to comply with
all terms and conditions of this Section.
Sec. 7-10-6
(a)
(b)
(c)
(d)
(e)
(f)
Restrictions.
No licensee shall conduct or carry on any business as described in this Chapter in
such a manner as to disturb unduly the peace and quiet of the neighborhood.
A satisfactory method of pest control must be maintained at all times.
The Police Chief may, in his discretion, cause any article in the possession of the
licensee which he shall have reason to believe was sold or exchanged by some
person other than the lawful owner thereof to be held for the purpose of
identification by its lawful owner for such reasonable length of time as the Police
Chief shall deem necessary.
Every junk or salvage yard shall be enclosed by a solid substantial enclosure not
less than six (6) feet nor more than ten (10) feet in height or by suitable screening
as approved by the Town Board of the Building Inspector. The fence shall be
painted and maintained in a proper condition of repair, with no pictures, signs,
notices, etc., to be posted or affixed thereon.
A written record of all motor vehicles purchased and sold shall be maintained for
a period of three (3) years by each licensee engaged in the motor vehicle salvage
business, which records shall be open to police inspection. The report shall
contain a description of all vehicles, vehicle license number, engine numbers and
names and addresses of the sellers and purchasers.
Every junk or salvage yard shall keep a written daily record of articles purchased
and the names and addresses of the sellers when that person is known. When the
seller is unknown to licensee, he shall record the name, age and address and
indicate what identification card was inspected and the number thereof.
Download