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Chapter 625: JUNK YARDS

Section 625.010.  Definitions. [CC 1984 §51.010]

Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this Chapter: 

BUSINESS PREMISES or PREMISES — The area of a junk yard as described in a junk dealer's license or application for license, as provided for in this Chapter.  

ITINERANT JUNK DEALER — An individual (natural person) who buys, sells, collects, or delivers junk within the City as a business or employment within the City, but who is not an operator of a junk yard within the City or an employee of such an operator.  

JUNK — Any old iron, steel, brass, copper, tin, lead or other base metals; old cordage, ropes, rags, fibers or fabrics; old rubber; old bottles or other glass; bones; waste paper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; but "junk" shall not include materials or objects accumulated by a person as by-products, waste, or scraps from the operation of his/her own business, or materials or objects held and used by a manufacturer as an integral part of his/her own manufacturing processes.  

JUNK DEALER — A person who operates a junk yard, as defined above, within the City.  

JUNK YARD — A yard, lot or place, covered or uncovered, outdoors or in an enclosed building, containing junk as defined above, upon which occurs one (1) or more acts of buying, keeping, dismantling, processing, selling or offering for sale any such junk, in whole units or by parts, for a business or commercial purpose, whether or not the proceeds from such act or acts are to be used for charity.  

Section 625.020.  License Required. [CC 1984 §51.020]

It shall be unlawful for any person to act as a junk dealer or itinerant junk dealer in the City, whether personally, by agents or employees, singly, or along with some other business or enterprise, without first having obtained a license therefor from the City Clerk in accordance with the provisions of this Chapter. 

Section 625.030.  Application. [CC 1984 §51.030] 

 A.    An applicant for license under this Chapter shall file with the City Clerk a written application upon forms provided by the City Clerk, and pay a fee as hereinafter prescribed. 
 B.    Said application shall include the junk dealer or itinerant junk dealer's name, residence address, and telephone number of applicant; the exact address or location of the place where the business is or is proposed to be carried on; and such other information as the City Clerk may reasonably require.   

Section 625.040.  License Fee. [CC 1984 §51.040]

The fees for licenses required under this Chapter shall be as established from time to time by ordinance of the Board of Aldermen and on file in the office of the City Clerk. 

Section 625.050.  Investigation — Approval and Issuance of License. [CC 1984 §51.050] 

 A.    Upon receipt of an application for a junk dealer's license as provided for herein, the Chief of Police shall cause an investigation to be made of the applicant's business responsibility and moral character. 
 B.    If the findings of said investigation are favorable to the applicant, the City Clerk shall within thirty (30) days after the filing of the application and payment of the fee, issue a junk dealer's license to the applicant.   

Section 625.060.  License Not Transferable. [CC 1984 §51.060]

No license issued under this Chapter shall be transferred or assigned or used in any way by any person other than the one to whom it was issued. 

Section 625.070.  Duration — Proration and Refund of Fees. [CC 1984 §51.070]

All licenses issued under the provisions of this Chapter shall expire on the thirtieth (30th) day of June following the issuance thereof. For a partial year license, the fee shall be prorated quarterly. No license fee shall be returned to the holder upon the sale, transfer or dissolution of the business for which the license was issued. 

Section 625.080.  General Operating Requirements. [CC 1984 §51.080] 

 A.    The following general operating requirements shall apply to all junk dealers licensed in accordance with the provisions of this Chapter: 
  1.       The license issued pursuant to this Chapter shall be plainly displayed on the business premises. 
  2.       The junk yard, together with things kept therein, shall at all times be maintained in a sanitary condition. 
  3.       No space not covered by the license shall be used in the licensed business. 
  4.       No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitoes. 
  5.       Weeds and vegetation on the premises, other than trees, shall be kept at a height of not more than four (4) inches. 
  6.       No garbage or other waste liable to give off a foul odor or attract vermin shall be kept on the premises; nor shall any refuse of any kind be kept on the premises, unless such refuse is junk as described herein and is in use in the licensed business. 
  7.       No junk shall be allowed to rest upon or protrude over any public property, street, alley, walkway, or curb or become scattered or blown off the business premises. 
  8.       Junk shall be stored in piles not exceeding ten (10) feet in height and shall be arranged so as to permit easy access to all such junk for fire fighting purposes. 
  9.       No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard. 
  10.     Gasoline and oil shall be removed from any scrapped engines or vehicles on the premises. 
  11.     No junk or other material shall be burned on the premises in any incinerator not meeting the approval of the Chief of the Fire Department, which approval shall not be unreasonably denied. 
  12.     No noisy processing of junk or other noisy activity shall be carried on in connection with the licensed business on Sunday, Christmas, Thanksgiving, or at any time between the hours of 6:00 P.M. and 7:00 A.M. 
  13.     The area on the premises where junk is kept (other than indoors) shall be enclosed, except for entrances and exits, with a solid vertical wall or fence of a minimum height of eight (8) feet measured from ground level. Entrances and exits shall not be wider or more numerous than reasonably necessary for the conduct of the licensed business.     

Section 625.090.  Operation Outside City Limits. [CC 1984 §51.090]

Section 625.080 shall not apply to the operation of junk yards outside of the City limits, even though the owner thereof be licensed in accordance with this Chapter. 

Chapter 630: TELEPHONE SERVICE

Section 630.010.  License Tax Imposed. [CC 1984 §85.010]

Every person engaged in the business of supplying telephone service in the City shall pay to the City as a license tax a sum equal to five percent (5%) of the gross income derived from station (telephone) rentals within the City, exclusive of income from services or goods supplied to the City of La Plata. 

Section 630.020.  Quarterly Statements Required. [CC 1984 §85.020]

Every person subject to the license tax imposed by this Chapter shall file with the City Collector on or before the first (1st) day of each January, April, July and October a statement verified under oath, showing the gross income of such person derived from the business of supplying telephone service in the City during the calendar quarter next preceding the month within which such statement is filed. 

Section 630.030.  Inspection of Books and Records. [CC 1984 §85.030]

The City Collector may investigate the accuracy of each such statement filed in accordance with Section 630.020 and, for that purpose, every person subject to such license tax shall permit the City Clerk or his/her duly authorized agent to inspect the books and records of such person pertaining to gross income, at any reasonable time. 

Section 630.040.  Quarterly Payments of Tax. [CC 1984 §85.040]

Each quarterly statement as required by this Chapter shall be accompanied by a remittance payable to the City of La Plata in an amount equal to five percent (5%) of the gross income during the calendar quarter next preceding the month within which such statement is filed, as shown on such statement. 

Section 630.050.  Exemption From Other Occupation Taxes. [CC 1984 §85.050]

The license tax imposed by this Chapter shall be in lieu of all other occupation taxes imposed upon the persons engaged in the business of supplying telephone service in the City, but nothing herein contained shall be construed as exempting such persons from the payment of property taxes. 

Section 630.060.  Violations and Penalties. [CC 1984 §85.060]

Any person engaged in the business of supplying telephone service in the City who fails to file the statement required by this Chapter within the time therein provided, or who fails to pay the license tax within the time provided by Section 630.020, shall pay a penalty of five percent (5%) of the tax due as shown by such statement or of the delinquent tax, for each calendar month or fraction thereof during which such payment or such statement shall be delinquent; in addition to any fine which may be imposed in any criminal proceeding.