ARTICLE VIII. - JUNK, SECONDHAND GOODS DEALERS AND JUNKYARDS
Part of the Code of Ordinances of Warren, RI.
The text
Footnotes:
--- (10) --- State Law reference— Junk, secondhand goods dealers and junkyards, G.L. 1956, § 5-21-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 11-266. - Definition.#
As used in this article, "automobile junkyard" means a place where one (1) or more unserviceable, discarded, worn-out or junked automobiles or bodies, engines, tires, parts or accessories thereof are gathered together.
(Code 1967, § 18-6.1)
Cross reference— Definitions and rules of construction generally, § 1-2.
Sec. 11-267. - Inspections and examinations of shops, etc.#
Every shop, storehouse, bag, wagon, cart or other receptacle, or foundry, or place of business of any person licensed under the provisions of this article shall be subject to the inspection and examination of any police officer of the town or any person authorized by the town council.
(Code 1967, § 18-7)
Sec. 11-268. - Applicability of article.#
This article shall not apply to keepers of shops for the purchase, sale or barter of books, pamphlets or periodicals or household furniture.
(Code 1967, § 18-8)
Sec. 11-269. - Violations and penalties.#
Any person carrying on any of the businesses described in this article without a license shall be fined not exceeding two hundred dollars ($200.00) or imprisoned for not exceeding six (6) months, and any person operating or maintaining an automobile junkyard which violates any of the provisions of section 11-289 shall, upon conviction for the first offense be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) or by imprisonment for not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment, and shall for a second or subsequent conviction be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment.
(Code 1967, § 18-9)
State Law reference— Similar provisions, G.L. 1956, § 5-21-5.
Sec. 11-270. - Conflict with zoning ordinance.#
Nothing contained in this article shall be construed or deemed to permit the town council from authorizing the establishment of any business as set forth in section 11-286 which is not permitted under the zoning ordinance of the town. The town council shall not entertain any application for any license under the provisions of this article in any location where such business would be prohibited under the provisions of the zoning ordinance. Where any such business is not permitted under the zoning ordinance, the applicant must first obtain a variance or exception from the zoning board of review prior to application to the town council for such license.
(Code 1967, § 18-10)
Secs. 11-271—11-285. - Reserved.#
DIVISION 2. - LICENSES#
Footnotes:
--- (11) --- State Law reference— Authority of town council to license junk dealers and junkyards, G.L. 1956, § 5-21-1.
Sec. 11-286. - Required.#
No person shall sell, purchase, barter or deal in junk, old metals, or any other secondhand articles and no person shall establish, operate or maintain an automobile junkyard within the town without having first obtained a license as hereafter provided. All licenses issued hereunder 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 1967, § 18-1)
Sec. 11-287. - Application.#
Application for a license under this division 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 land owners within two hundred (200) feet, each to be identified by plat and lot number, and the names of the owners of the property.
(Code 1967, § 18-2)
Sec. 11-288. - Fees.#
The license, if granted by the town council, shall be for a period not exceeding one (1) year and all licenses granted under the provisions of this division shall expire on the first day of January. Before issuing any licenses that may be granted by the town council, the town clerk shall collect the following fees: (1)
Twenty-five dollars ($25.00) for the keeper of a shop or storehouse for the reception of any junk, old metals, or other secondhand articles which is not an automobile junkyard.
(2)
Five dollars ($5.00) for any foundry man or other person receiving the same for the purpose of melting the same or converting the same into castings.
(3)
Five dollars ($5.00) for any gatherer of the same in any bag, wagon or cart.
(4)
One hundred dollars ($100.00) for any person establishing, operating or maintaining an automobile junkyard.
(Code 1967, § 18-3)
State Law reference— Local license fees, G.L. 1956, § 5-21-1.
Sec. 11-289. - Conditions for licensing automobile junkyards; exemption.#
(a)
The town council shall not grant a license for an automobile junkyard 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 commercial or industrial area, or contiguous to a railroad siding or on or contiguous to docking facilities; or unless
(3)
It is:
a.
More than one thousand (1,000) feet from the nearest edge of any highway on the interstate or primary system;
b.
More than six hundred (600) feet from any other state highway; and
c.
More than three hundred (300) feet from any park, bathing beach, playground, school, church or cemetery and is not within ordinary view therefrom; and
d.
Is screened from view either by natural objects or well-constructed and properly maintained fences at least six (6) 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.
(b)
The provisions of subparagraphs (1), (2), (3)a., (3)b. and (3)c. above shall not apply to any automobile junkyard in existence and having a valid license issued pursuant to section 5-21-1 of the General Laws.
(Code 1967, § 18-3.1)
State Law reference— Similar provisions, G.L. 1956, § 5-21-4.
Sec. 11-290. - Public hearing by council.#
The town council shall hold a public hearing on any application for any purpose set forth in section 11-286 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 (7) days but not more than fourteen (14) days prior to such hearing in not less than two (2) 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 of ten dollars ($10.00) with the town clerk plus the cost of posting and publishing the notice.
(Code 1967, § 18-3.2)
State Law reference— Similar provisions, G.L. 1956, § 5-21-2.
Sec. 11-291. - Objections by neighboring landowners.#
No license shall be granted 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 two hundred (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 a shop or storehouse, or 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 1967, § 18-3.3)
State Law reference— Similar provisions, G.L. 1956, § 5-21-2(b).
Sec. 11-292. - To be produced for examination and inspection upon demand.#
Every person licensed under the provisions of this division shall on demand of any police officer of the town or of any other person duly authorized by the town council, produce his license for the examination and inspection of the officer or other person so making the demand, within five (5) minutes after such demand is made.
(Code 1967, § 18-4)
Sec. 11-293. - Expiration; rebates.#
All licenses granted under the provisions of this division shall expire on June 1 next succeeding the date of such license, and no rebate shall be made from the license fee for such license for any licensed term less than one (1) year.
(Code 1967, § 18-5)
Sec. 11-294. - Revocation.#
All licenses issued under the provisions of this division shall be revocable at the pleasure of the town council.
(Code 1967, § 18-6)
Sec. 11-295. - Donation container bins.#
(a)
Generally. Steel or similar storage containers (hereinafter referred to in this section as a "bin" and/or "bins") for the collection of used clothing or similar donation materials, are allowed by permit only as set forth in section (b)(6).
(b)
Only registered non-profit organizations are permitted to place used clothing or similar storage bins on non-residential property subject to the following:
(1)
Nonresidential commercial premises, schools and churches are allowed to have one (1) donation bin, or similar storage, on their premises.
(2)
The bin shall be appropriately located so as not to interfere with vehicle travel sight lines, on-site circulation, required setbacks and all other relevant zoning regulations, landscaping, parking and any other requirements that may be imposed as part of the site plan approval for the premises and the approval for the location of the bin.
(3)
The bin shall be of the type that is enclosed by use of a receiving door and locked so that the contents of the bin may not be accessed by anyone other than those responsible for the retrieval of the contents.
(4)
Each bin shall not cover a ground surface area in excess of five (5) feet by five (5) feet nor be more than six (6) feet in height.
(5)
Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing or other items being strewn about the surrounding area, nor shall the area around the bin be used as a dumping ground for other trash and debris.
(6)
A permit for used clothing or other donation bins shall be required. The permit shall be issued annually by the town council but can only be granted when it is determined that:
a.
The bin is for the use by a duly registered non-profit organization;
b.
The proper type of bin is being used as described in this section;
c.
The bin is being placed in a proper location as described in this section;
d.
There is a letter of authority/permission from the owner of the property upon which the bin is to be and/or is already located; and
e.
The name, address and phone number of the non-profit organization is displayed on each bin.
(c)
If any used clothing or other donation bin is placed without a permit, or if an inspection reveals that any such bins are not in compliance with this section, including but not limited to the accumulation of donation materials, trash and debris around the area in which the bin is located, the Town shall send notice to the landowner thereof that he/she/it shall be fined in the amount of one hundred dollars ($100.00) per day, and each day without a permit that a bin remains in place or fails to comply with any of the provisions of this section, shall be considered a separate violation and offense. The imposition of a fine shall not be exclusive, and the Town of Warren is hereby authorized to enforce this section by any other legal or equitable action available. The landowner may appeal any fine imposed to the Warren Housing Court.
(d)
If the landowner continues to allow the accumulation of donation materials, trash and debris around the area in which the bin is located for a period of thirty (30) days, the Chief of the Warren Police Department is authorized to send notice to the landowner to remove the donation bin and clean the area where the donation bin is located. If the landowner fails to comply with the notice within five (5) days of delivery thereof, the Town of Warren is authorized to remove the bin, clean the area, and charge the landowner for the cost of removal and cleaning. If the landowner fails to reimburse the Town of Warren for the cost of removal and cleaning of the area around the donation bin, the town is authorized to file a lien for the costs on the title to the landowner's property in the Town of Warren Land Evidence Records.
(Ord. of 2-8-2022(2))