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ARTICLE I. - IN GENERAL#
Sec. 15-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Automobile junkyard means a place where one or more unserviceable, discarded, wornout or junked automobiles or bodies, engines, tires, parts or accessories thereof are gathered together.
(Code 1972, § 10-1)
Cross reference— Definitions generally, § 1-2.
Sec. 15-2. - Conflicts with zoning regulations.#
Nothing contained in this chapter shall be construed or deemed to permit the town council to authorize the establishment of any business as set forth in section 15-36 which is not permitted under the zoning regulations of the town in chapter 28. The town council shall not entertain any application for any license under the provisions of this chapter in any location where such business would be prohibited under the provisions of the zoning regulations of the town in chapter 28. Where any such business is not permitted under the zoning regulations of the town in chapter 28, the applicant shall first obtain a variance or exception from the zoning board of review prior to application to the town council for such license.
(Code 1972, § 10-8)
Cross reference— Zoning generally, ch. 28.
Sec. 15-3. - Penalties for violation of chapter.#
Any person carrying on any business set forth in section 15-36 without a license shall, upon conviction for the first offense, be punished by a fine of not less than $50.00 nor more than $100.00; and shall for a second or subsequent conviction be fined not less than $100.00 nor more than $500.00.
(Code 1972, § 10-9; Ord. No. 2017-13, 10-4-17)
Secs. 15-4—15-35. - Reserved.#
ARTICLE II. - LICENSE#
Sec. 15-36. - Required; conditions.#
No person shall sell, purchase, barter or deal in junk or old metals, and no person shall establish, operate or maintain an automobile junkyard within the town, without having first obtained a license as provided in this chapter. All licenses issued shall be subject to such conditions and restrictions as the town council shall deem appropriate to promote the public health, safety or general welfare, and shall be revocable at the pleasure of the town council.
(Code 1972, § 10-2; Ord. No. 2024-02, 2-28-24)
Sec. 15-37. - Application.#
Application for a license under this chapter shall be made in writing to the town clerk, setting forth the name of the applicant, the nature and scope of the business proposed and a plan of the property where such business is to be located and conducted, including a sketch of the properties of abutting landowners within 200 feet, each to be identified by plat and lot number, and the names of the owners of the property. The town clerk shall establish and publish a deadline for filing a license application pursuant to this chapter. A late fee of $25.00 shall be imposed for failure to file on or before said deadline.
(Code 1972, § 10-3; Ord. No. 2011-02, 5-4-11)
Sec. 15-38. - Hearing on application by town council.#
The town council shall hold a public hearing on any application for a license under this chapter in any location not lawfully occupied for such purpose at the time of the application for such license. Notice of such public hearing shall be posted at least seven days, but not more than 14 days prior to such hearing, in not less than two public places in the town, and in a newspaper of general circulation in the town; provided, however, that before the town council shall post or publish notice of a hearing, the applicant shall deposit the sum set out therefor in section 11-1 with the town clerk, plus the cost of posting and publishing such notice. Such notice shall indicate that the applicant is a junk dealer.
(Code 1972, § 10-4; Ord. No. 2024-02, 2-28-24)
Sec. 15-39. - Prerequisites to issuance—Approval of adjoining property owners.#
No license shall be granted to the keeper of any shop or storehouse for the reception of any junk or old metals, or to a person establishing, operating or maintaining an automobile junkyard, in any location not lawfully occupied for such purpose at the time of the application for such license, where the owners or occupants of the greater part of the land within 200 feet of such building or place shall file with the town council their objection to the granting of such license; provided, however, that this section shall not apply to any applicant who is the keeper of such an automobile junkyard in the town which is being acquired by eminent domain proceedings, who is applying for a license to relocate such business within the town.
(Code 1972, § 10-5; Ord. No. 2024-02, 2-28-24)
Sec. 15-40. - Same—Automobile junkyards.#
(a)
The town council shall not grant a license for any new automobile junkyard unless it is operated and maintained entirely within a building, as a reclamation facility as defined in section 28-1.
(b)
The town council may grant a license for a junkyard which was in existence prior to June 3, 1998 (date of zoning amendments) provided that one of the following conditions are met:
(1)
It is to be operated and maintained entirely within a building.
(2)
It is to be operated and maintained exclusively for the purpose of salvaging the value as scrap of the material collected, as opposed to reselling parts to be used for the purpose for which they were originally manufactured, and is to be located in a built-up commercial or industrial area, or contiguous to a railroad siding or on or contiguous to docking facilities.
(3)
It is in accordance with the following:
a.
More than 1,000 feet from the nearest edge of any highway on the interstate or primary system.
b.
More than 600 feet from any other state highway.
c.
More than 300 feet from any park, bathing beach, playground, school, church or cemetery, and is not within ordinary view therefrom.
d.
Is screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high acceptable to the town council and in accordance with regulations as promulgated by the state director of public works and as specified on any license which may be granted.
(c)
The provisions of subsections (a)(1) and (a)(2), and subsections (a)(3)a, (a)(3)b and (a)(3)c of this section shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to G.L. 1956, §§ 5-21-1 and 31-5-28.
(Code 1972, § 10-6; Ord. No. 1998-20, 6-24-98)
Sec. 15-41. - Fees; expiration.#
A license under this chapter, if granted by the town council, shall be for a period not exceeding one year, and all licenses granted under the provisions of this chapter shall expire on January 1. Before issuing any licenses that may be granted by the town council, the town clerk shall collect the fees listed therefor in section 11-1.
(Code 1972, § 10-7)