Chapter 62
SECONDHAND GOODS*
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Cross references: Advertising, ch. 6; businesses, ch. 22; health and sanitation, ch. 42; solid waste, ch. 66; zoning, app. A.
State law references: Secondhand and junk stores, 65 ILCS 5/11-42-3; Pawnbroker Registration Act, 205 ILCS 510/0.01 et seq.
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Article I. In General
Secs. 62-1– 62-25. Reserved.
Article II. Junk Dealers
Division 1. Generally
Sec. 62-26. Definitions.
Sec. 62-27. Junkyards– Permit.
Sec. 62-28. Same– General operating requirements.
Sec. 62-29. Same– Access for inspection.
Secs. 62-30– 62-40. Reserved.
Division 2. License
Sec. 62-41. Required.
Sec. 62-42. Application.
Sec. 62-43. Disqualifications.
Sec. 62-44. Contents of license.
Sec. 62-45. Fee.
ARTICLE I.
IN GENERAL
Secs. 62-1– 62-25. Reserved.
ARTICLE II.
JUNK DEALERS*
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State law references: Junkyard Act, 415 ILCS 95/0.01 et seq.; authority of municipalities to license, tax, locate and regulate dealers in junk, 65 ILCS 5/11-42-3; general authority for municipal licenses, 65 ILCS 5/11-60-1.
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DIVISION 1. Sec. 62-26. 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:
Junk means and includes scrap and old iron, steel, chain, brass, copper, magnesium, aluminum, tin, lead or other base metals, scrap lumber, old rope, old bags, rags, wastepaper, paper clippings, scraps of woolens, clips, bagging, rubber, glass and empty bottles of different kinds or sizes when the number of each kind or size is less than one gross, any wrecked or dilapidated motor vehicle, engine or machinery received, stored or held for more than 30 days, and all articles and things discarded or no longer used as a manufactured article composed of or consisting of any one or more of the articles listed in this definition.
Junk dealer means and includes every person that shall engage in the business of buying, selling, bartering, exchanging, collecting, receiving, storing or holding in possession any of the things in and by this section defined as junk.
Junkyard means and includes the premises on which a junk dealer is engaged in the business of buying, selling, bartering, exchanging, collecting, receiving, storing or holding in possession any of the things in and by this section defined as junk. The term includes salvage yards.
(Code 1976, § 7 1/2-1; Ord. No. 95-13, § 1, 9-25-95)
Cross references: Definitions generally, § 1-2.
State law references: Definitions pertaining to junkyards, 415 ILCS 95/2.
Sec. 62-27. Junkyards– Permit.
In addition to an application for a license under this article, any person desiring to operate a junkyard shall submit in writing to the city clerk a written plan in simple form showing the layout of the proposed junkyard, which shall be submitted by the city clerk to the city council at its next regular meeting for approval or disapproval. Upon approval of the plan by the city council, a permit shall be issued by the city clerk authorizing the applicant to begin and complete construction of the proposed junkyard in accordance with the plan submitted. Upon completion of the construction of the proposed junkyard in accordance with the plan submitted, and upon meeting all other requirements provided by city ordinance, the applicant shall be issued a license as provided in this article.
(Code 1976, § 7 1/2-5)
Sec. 62-28. Same– General operating requirements.
The following general operating requirements shall apply to all junkyards licensed in accordance with the provisions of this article:
(1) The license issued pursuant to this article shall be plainly displayed on the business premises.
(2) The junkyard, together with the 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 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 defined in this article and is in use in the licensed business.
(7) No junk shall be allowed to rest upon or protrude over any public street, walkway or curb or become scattered or blow off the business premises.
(8) Junk shall be stored in piles not exceeding ten feet in height and shall be arranged so as to permit easy access to all such junk for firefighting 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) The premises where the junkyard is located shall not have more than two entrances thereto and two exits therefrom, each of which shall not exceed 15 feet in width at the perimeter of the premises.
(12) The premises where the junkyard is located shall be enclosed on its perimeter with a solid, nontransparent vertical wall or fence of a minimum height of ten feet measured from ground level, excepting the entrances and exits permitted by subsection (11).
(13) The aforesaid solid, nontransparent wall or fence and the gates or doors, if any, at the aforesaid entrances and exits shall not contain any sign, poster or advertising matter of any kind whatsoever, excepting one sign of the licensee thereon not exceeding 100 square feet in size.
(14) The public streets and alleys adjacent to the junkyard shall not have junk thereon.
(Code 1976, § 7 1/2-2; Ord. No. 95-13, § 2, 9-25-95)
Sec. 62-29. Same– Access for inspection.
Any licensee under this article shall, at all reasonable times, allow any police officer or patrolman of the city and any city, county or state public health authority free access to any and all portions of the junkyard for the purpose of inspection.
(Code 1976, § 7 1/2-9)
Secs. 62-30– 62-40. Reserved.
DIVISION 2. Sec. 62-41. Required.
It shall be unlawful for any person to keep, maintain, conduct or operate a junkyard within the city without first obtaining a license so to do as provided in this division. A separate license shall be secured for each junkyard located on noncontiguous lots, blocks, tracts or parcels of land. The property shall be properly zoned for such use.
(Code 1976, § 7 1/2-3)
Sec. 62-42. Application.
(a) Before any license under the provisions of this article is issued, any person desiring to operate a junkyard in this city shall first make a verified application in writing to the city clerk, stating therein the full name of the applicant, his residence address, the trade name of the applicant and the legal description of the premises where the junkyard is to be located.
(b) If the applicant for a license under this article is a firm or partnership, the names and residence addresses of all the partners, and in the case of a corporation, the names and residence addresses of the president and secretary, shall be stated in the application.
(Code 1976, § 7 1/2-4)
Sec. 62-43. Disqualifications.
Any applicant for a license to keep, maintain, conduct or operate a junkyard shall be disqualified for any of the following reasons:
(1) Not a person of good character.
(2) Falsification of an application for a license under this article.
(3) License for a junkyard previously issued to the applicant has been revoked during the preceding 24 months.
(4) Failure to meet any one of the minimum physical requirements for a junkyard as specified in section 62-28.
GENERALLY
LICENSE