Scales Mound City Zoning Code
CHAPTER 7
JUNKYARDS1
8-7-1: INTENT:
The intent of establishing restrictions for junkyards and junk dealers is to recognize that a junkyard operation may be unsuitable for residential and other land uses. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-7-2: SPECIAL USE; COMPLIANCE REQUIRED:
No junkyard shall be permitted except such that is specifically approved by the village board in a special use in accordance with chapter 3, article B of this title as well as the guidelines in this chapter. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-7-3: OPERATIONS WITHIN VILLAGE LIMITS:
In order to obtain a special use permit, an applicant within the boundaries of the village must fully comply with title 2, chapter 3 of this code. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-7-4: OPERATIONS OUTSIDE VILLAGE LIMITS:
Property outside the boundaries of the village are required to comply with the following:
A. Enclosed Premises; Fencing Requirements: The junkyard shall be enclosed by a fence of not less than eight feet (8') nor more than ten feet (10') in height and constructed of such material and in such manner as to screen from sight by any person outside said junkyard and at ground level all junk located therein.
B. Location: No junkyard shall be located within one hundred fifty feet (150') of any residence other than that of the operating junk dealer.
C. Ineligibility Of Licensee: No person, firm, or corporation shall be licensed as a junk dealer who has been convicted of any of the following offenses: (Amended Ord., 2-15-1993, eff. 2-26-1993)
1. Theft, as defined in 720 Illinois Compiled Statutes 5/16-1.
2. Violation of any penal provision of the copper purchase registration law, 815 Illinois Compiled Statutes 325/1 et seq.
3. The purchasing or receiving of any goods from a minor, as prohibited by 720 Illinois Compiled Statutes 345/1 and 345/2. (Amended Ord., 2-15-1993, eff. 2-26-1993; amd. 2009 Code)
4. Any felony, the commission of which involved the operation or ownership of a junkyard or the dismantling or wrecking of a motor vehicle or motorboat or part thereof.
D. Violations By Licensee:
2. Any licensee convicted of any offense listed in subsection C of this section shall surrender said license within three (3) days of said conviction, and said license shall be null and void from date of said conviction. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-7-5: PROHIBITED OPERATIONS:
A. No junkyard shall be used for the storage, keeping or dumping of any garbage, sanitary fill, live animals, dead animals, toxic wastes, or other noxious or harmfully or dangerously odorous material.
B. No junk shall be located within a junkyard in such manner as to extend over, above, or beyond the fencing thereof.
C. No sign, poster, placard, picture, notice, or other billboard shall be attached to the outside of said fencing other than a sign placed there by the junk dealer for the sole purpose of identifying said junkyard.
D. No junk dealer shall allow the burning of any junk within a junkyard other than wood or paper within a suitable container.
E. No junk dealer shall buy, trade, barter, or otherwise acquire any goods, items, or articles of value from any person who is legally incompetent or is a notorious thief or intoxicated person, or is a minor who does not have the written consent of his or her parent or guardian to do business with said junk dealer. (Amended Ord., 2-15-1993, eff. 2-26-1993)
8-7-6: ENFORCEMENT AND PENALTIES:
A. Entry Powers: Any peace officer or investigating agent of any government concerned with the operation or ownership of a junkyard shall be allowed to enter upon, inspect, and otherwise examine the premises of any junkyard, and any junk dealer or owner of a junkyard who prohibits, prevents, or otherwise refuses to allow such entry, inspection, or examination shall thereupon surrender said license to the appropriate village authorities.
B. Concealing Items: No junk dealer shall conceal or secrete any goods, items, or articles of value purchased, received, or otherwise acquired by him for the purpose of preventing identification thereof by any peace officer or investigating agent of any government concerned with the operation or ownership of a junkyard. Any junk dealer or owner of a junkyard convicted of a violation of this subsection shall, in addition to any other penalty imposed by law, thereupon surrender said license to the appropriate village authorities.
C. Penalty: Any junk dealer or owner of a junkyard shall, upon conviction of any offense under this chapter or upon violation of or refusal to comply with any provision of this chapter, be subject to a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
D. Additional Remedies: The village may, in addition to any other remedies, initiate an appropriate action in any court of competent jurisdiction to prevent the unlawful operation, maintenance, or ownership of a junkyard by a junk dealer which is not in compliance with this chapter, or to restrain, correct, or abate any illegal act, conduct, business, or use in or about the premises of such junkyard.
E. Costs A Lien: For the cost of enforcing any order of court obtained by the village pursuant to subsection D of this section, including any court costs, attorney fees, and expenses of suit involved in obtaining said order of court, the village hereby has a lien upon the real estate of said junkyard and upon the personal and real estate of any junk dealer whose act, conduct, business, or use is the subject of such suit, said lien to be enforced and collected in such manner as provided in the case of judgments. (Amended Ord., 2-15-1993, eff. 2-26-1993)