CHAPTER V. BUSINESS REGULATIONSCHAPTER V. BUSINESS REGULATIONS\ARTICLE 4. JUNK AND SALVAGE YARDS

It shall be unlawful for any person, firm, partnership, association or corporation, or any agent, officer, member or employee thereof, to maintain, operate or conduct any commercial junk or salvage yard in the corporate limits of the city without first obtaining a license therefor as hereinafter provided.

(Code 1986)

For the purpose of construing and applying this article, a commercial junk or salvage yard is defined to be any place or premises where used motor vehicles, farm machinery, or tractors, or parts thereof, or other used articles are collected, dismantled or taken apart or where old metal or rags, or bones or paper, or any or all of these or similar used articles are collected, whether for sale, processing or other purpose whatsoever.

(Code 1986)

Any person, firm, partnership, association or corporation desiring a license to maintain, operate or conduct any commercial junk or salvage yard within the city shall make application therefor to the governing body in writing. The application shall contain the following information. The name of the applicant and his or her street address; if for a partnership or association, the name of each partner or associate and the home address of each; and if for a corporation, the name thereof, the names of the officers thereof and their address, the state in which the corporation is incorporated and the place of its principal office and place of business. Such application shall further show the location at which the applicant proposes to maintain, operate or conduct such commercial junk or salvage yard and the name under which the business is to be maintained, operated or conducted. Such application must be accompanied by the license fee hereinafter prescribed.

(Code 1986)

Before any application for a license under this article shall be entertained by the governing body, the applicant must have given public notice of such application by publication in the official city newspaper at least 10 days before the application shall be considered by the governing body, and proof of such notice must be filed with the city clerk. The governing body shall consider any application for a license under this article at its first regular meeting after the filing of such application and after notice and proof thereof have been given and made as herein provided and the notice of hearing shall so state.

(Code 1986)

When the governing body shall be satisfied that the applicant for a license hereunder shall have made proper application and given the notice required by section 5-404, a license shall be granted upon the payment of the fee provided hereafter when the governing body shall be satisfied that the business proposed to be carried on shall not be or become a nuisance under the laws of the State of Kansas or the same shall not be hazardous to the health and general welfare of the inhabitants of the city.

(Code 1986)

Every person, firm, partnership, association, or corporation engaging in the business of maintaining, operating or conducting any commercial junk or salvage yard or business in the city under this article shall pay an annual license fee of $500.00. Licenses shall be for one year from date of issuance, subject to revocation.

(Code 2007)

Every license issued hereunder shall be non-transferable, both as to the license and to the location of such licensed business and shall be subject to revocation as hereinafter provided.

(Code 1986)

Any license issued under the provisions of this article may be revoked by the governing body at any time upon notice to and the affording of an opportunity to any licensee to be heard on the question of revoking his or her license and upon a showing that the licensee has failed or refused to comply with the provisions of this article. Upon any such revocation, the city shall not be required to refund any portion of the license fee paid.

(Code 1986)

Every person, firm, partnership, association, or corporation, maintaining, operating or conducting any commercial junk or salvage yard in the city, shall enclose the premises of such yard by tight board fence not less than 10 feet high, or of sufficient height to screen the wrecked or disabled vehicles or junk kept therein from the view of persons using the sidewalks, roads, streets, avenues or alleys adjacent thereto and whether such persons be on foot or in vehicles in the ordinary manner. Stone, bricks, hydite blocks, Portland cement, concrete, corrugated iron and iron pipe, chain link wire fence or other material of comparable quality and design may be used as substitute building materials for such fence, and the type and design of any fence shall first be approved by the governing body. All entrances onto such commercial junk or salvage yard premises shall be equipped with gates. Any junk dealer who is presently operating a commercial junk or salvage yard shall have 12 months from the taking effect of this article in which to build a proper and suitable fence surrounding his or her junk or salvage yard.

(Code 1986)

Every person, firm, partnership, association, or corporation maintaining, operating or conducting any commercial junk or salvage yard in the city shall keep a register in which he or she shall, at the time of the purchase or receipt of any article or articles purchased, received or kept in such commercial junk or salvage yard, enter the name and address of any and all persons from whom he or she received such property and the register open at all times to the inspection of any law enforcement officer asking or demanding the same and shall permit such law enforcement officer to examine and inspect any such property as shall have been received.

(Code 1986)

No person, firm, partnership, association or corporation, or agent, officer or employee thereof, shall purchase, take or receive any article of property of or from a minor unless the minor is accompanied by his or her legal or natural guardian.

(Code 1986)