ARTICLE X. - JUNK, SECONDHAND GOODS DEALERS AND JUNKYARDS
Part of the Code of Ordinances of Narragansett, RI.
The text
Footnotes:
--- (11) --- State Law reference— Secondhand dealers authority to license, G.L. 1956, § 5-21-1 et seq.; junkyards, G.L. 1956, § 24-14-1 et seq.; automobile wrecking and salvage yards, G.L. 1956, § 42-14.2-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 14-286. - Definitions.#
The following words, terms and phrases, when used in this article, 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 1986, § 12-156)
Cross reference— Definitions generally, § 1-2.
State Law reference— Similar provisions, G.L. 1956, § 5-21-3.
Sec. 14-287. - Burning.#
In granting a license under the provisions of this article, the town council may impose such conditions as it may deem fit with respect to burning.
(Code 1986, § 12-157)
Sec. 14-288. - Applicability.#
The provisions of section 14-310(1), (2), (3)a, (3)b shall not apply to any automobile junkyard in lawful existence and occupied for such purpose on the effective date of the ordinance from which this section is derived.
(Code 1986, § 12-158)
Cross reference— Fire prevention and protection, ch. 26.
Sec. 14-289. - Penalties for violation of article.#
Any person carrying on any of the businesses described in this article without a license shall be fined not exceeding $200.00 and imprisoned for a term not exceeding six months, and any person operating or maintaining an automobile junkyard which violates any of the provisions of section 14-310 shall, upon conviction for the first offense, be punished by a fine of not less than $50.00 nor more than $100.00 or by imprisonment for not less than ten days nor more than 30 days, or by both such fine and imprisonment, and shall for a second or subsequent conviction be fined not less than $100.00 nor more than $500.00 or by imprisonment for not less than 30 days nor more than six months, or by both such fine and imprisonment.
(Code 1986, § 12-159)
Secs. 14-290—14-305. - Reserved.#
DIVISION 2. - LICENSES#
Sec. 14-306. - Required.#
All persons establishing, operating or maintaining automobile junkyards and all persons selling, purchasing, bartering and dealing in junk, old metals and any other secondhand metal articles shall be required to obtain a license from the town council.
(Code 1986, § 12-171; Ch. 1120, § 1, 3-18-2024)
Sec. 14-307. - Fees.#
The fee for a license for the keeper of an establishment or storehouse for the reception of any junk, old metals, and any secondhand metal articles which is not an automobile junkyard shall be $25.00. The fee for a license for any foundryman or other person receiving the same for the purpose of melting the same or converting the same into castings shall be $5.00. The fee for a license for any gatherer of the same in any bag, wagon or cart shall be $5.00. The fee for a license for any person establishing, operating or maintaining an automobile junkyard shall be $100.00.
(Code 1986, § 12-176; Ch. 1120, § 1, 3-18-2024)
State Law reference— License fees, G.L. 1956, § 5-21-1.
Sec. 14-308. - Public hearing; notice and fee.#
(a)
The town council before granting a license under the provisions of this article to keep an establishment or storehouse for the reception of any junk, old metals or other secondhand metal articles or to establish, operate or maintain an automobile junkyard in any location not lawfully occupied for such purpose at the time of the application for such license, shall hold a public hearing.
(b)
Notice of the public hearing shall be posted at least seven days but not more than 14 days prior to the hearing in not less than two public places in the town and in a newspaper of general circulation in the town. Before notice of a hearing shall be posted or published, the applicant for the license shall pay a filing fee of $10.00, plus the cost of posting and publishing the notice.
(Code 1986, § 12-172; Ch. 1120, § 1, 3-18-2024)
Sec. 14-309. - Objections of adjacent property owners or occupants.#
(a)
No license shall be granted under this article to the keeper of any shop or storehouse for the reception of any junk, old metals or other secondhand articles, 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.
(b)
This section shall not apply to any applicant who is the keeper of a shop or storehouse or automobile junkyard within the town which is being acquired under eminent domain proceedings who is applying for a license under the provisions of G.L. 1956, § 5-21-1, as amended.
(Code 1986, § 12-173)
State Law reference— Similar provisions, G.L. 1956, § 5-21-2.
Sec. 14-310. - Conditions for issuance for automobile junkyards.#
No license shall be granted for an automobile junkyard under the provisions of this division unless: (1)
It is to be operated and maintained entirely within a building; or unless
(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 industrial area or contiguous to a railroad siding, or on or contiguous to docking facilities; or unless
(3)
It is:
a.
More than 1,000 feet from the nearest edge of any highway on the interstate or primary system; and
b.
More than 600 feet from any other state highway; and
c.
More than 300 feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
d.
Screened from view either by natural objects or well-constructed and properly maintained fences at least six feet high, acceptable to the city or town and in accordance with regulations as promulgated by the director of public works and as specified on the license.
(Code 1986, § 12-174)
State Law reference— Similar provisions, G.L. 1956, § 5-21-4.
Sec. 14-311. - Standards for issuance.#
In considering the application for any license under this division, the town council shall consider the character and reputation of the applicants and the nature and location of the proposed site with reference to the character of the surrounding neighborhood and the orderly development of the town.
(Code 1986, § 12-175)
Sec. 14-312. - Revocation.#
All licenses issued under the provisions of this division may be revoked by the town council for a violation of this article or applicable laws of the town after notice to the licensee and an opportunity to be heard.
(Code 1986, § 12-177)