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12-10630Publisher's Affidavit I. Christy Fink being duly sworn declare that I am a Legal Cr nrdinatur of THE SALINA JOURNAL, a daily newspaper published at Salina, Saline County, Kansas, and of general circulation in said county, which newspaper has been admitted to the mails as second class matter in said county, and continuously and uninterruptedly published for five consecutive years prior to first publication of attached notice, and that the Ordinance 12 -10630 Notice has been correctly published in the entire issue of said newspaper one rime, publication being given,in the issue of March 14, 2012 Subscribed and sworn to before me, this L —� day of �f -� �4Z A.D. 20 _jj� Printer's Fee NOTARY PUBLIC - State of Karsas WENDYCHROBAK Mil Appt. Ezp, (Published in the Salina Journal March 14 2012 ORDINANCE NUMBEFI 12 -10630 AN ORDINANCE 33, AADTIC E C OF THE SALINA CODE BY AMENDING DIVISION 1 AND oc I I yryuA1NED by the governing body of the cif of Salina, Kansas' _$a 1. That Divi- sions 1 through 3 of Chap- ter 33, Article [if of the Sa- the Code is hereby amended as follows: GENERALLY Sac. 33 -36. Definitions. "Bales of to metal" is regulated scrap or Shredding, to a form in which it may be sold by a scrap metal dealer consistent with industry standards. "Ferrous metal is a metal that contains iron or steel "Junk vehicle" is a vehi- cleppnot requiring a title of IhevKa sascStatute Annotated, and amend- ments thereto, aircraft, boat, farming imple, mart, industirs equip ment. trailer or any other conveyance used on the highways and roadways, which has no use or re. sale value except as scrap. Junkyard" is an area of land, with or without buildings, used for or oc- cupied by a tleposit, col- lection or storage, out. side a completely an closed building of used or discarded materials such as scrap metal, machinery, equipment, tires, vehicles or pans thereof with or without the dismantling, pros easing, recycling, sal vage, sale or other use or disposition thereof. Where such materials are a byproduct of an established permitted use on the property, such activity shall be considered outdoor stor- age. Nonferrous metal^ is a metal that does not con- tain Imn or steel, includ- ing. but not limited to copper, brass, alum! nun, bronze, lead, zinc, nickel and their alloys. "Regulated scrap metal" means any wire, cable, bars, . ingots, wire scraps, pieces, pellets, IS aircraft parts, junk vehicles, vehlcie' pans, pipes for connec- t. tors made from alum' num; catalytic convert era containing platinum ,. Palladium or rhodium; and copper, titanium, tungsten, stainless steel and nickel in any form; for which the purchase Price described in K.S.A. 50 -6,110 and 50- 6,111, and amendments thereto, was primarily based on' the content therein of aluminum, copper, titanium, lung. Stan, nickel, platinum, palladium, stainless steel or rhodium; any item composed in whole or in pan of any nonfer- rous metal other than an item composed of tin, . that is Purchased oroth- erwise So lured for the Purpose of recycling or Storage for later recyl cling. Aluminum shall not include food or bev- -lie mated scrap metal yar is any yard, plot, y space, enclosure, build- ing or any other place where regulated scrap metal is collected, gath- ered together and stored or kep for shipment, sale, or transfer "Salvage yard" is an ' area of land, with or without buildings, used for sterling, crushingg dis- mantling, shretlding, compressing or salvag- ing discarded Machin Cry, equipment or live or more unlicensed inoper- able vehicles. "Scrap metal dealer" is I any ales person a businessStu of a I fixed location, and is also either. (a) engaged in the business of buy ing and dealing in requ- or (3) oper - 1g on, con- yard or place where regulated scrap metal is gathered together and stored or kept for ship i,n predominantly of light she¢t metal ferrous scrap, including large and small household ap- pliances, construction Siding and construction roofing Vehicle part" is he front clip consisting of the two front fenders, hood; grill and front bumper of an automobile assembled as one unit; or the rear Shp consisting of those body parts behind the rear edge of the back doors, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit; or any other vehicle part. "Wrecking yard" (auto salvage, yard, automo bile graveyard) is any area of land, with or without buildings, upon which two or more motor vehicles of any kind which are inoperable and / or unlicensed: are stored for the purpose of collecting, crushing, dis. mantling or salvaging vehicleys orgparts thereof r rose e. DIVISIONna, LICENSE Sec. 33 -37. Annual ti. cense required; eppll- caffon. No person shall engage in the business of oper - atinga junkyard, sal. t vage yard, wrecking j yard' or regulated scrap metal yard unless and I - until such person shall have first obtained an annual license. Any per- I son desiring to engage in the business of oper- i ating a junkyard, sal t vage yard, wrecking 1 yard or regulated scrap metal yartl shall make application for Such li Canso on forms fur dished by the city clerk, 2 which shall contain the following information 1. The name and ad dress of applicant, and in the event appli- cant is a partnership. If all of the findinggs re quired in Section 33 -38 are favorable to the ap- plicant, the City Clerk shall, within thiny -(30) 'days after the filing of the application, notify the applicant that the application has been app- proved and that a li tense to operate a junk- yard, salvage yard, wrecking yard or repu lated scrap metal yard in the city shall be issued upon payment of the Prescribetl license fee. any of the findings provided for in said Sec- tion are unfavorable to the proved and that no If tense will be issued.' Upon request, the city clerk shall furnish the applicant with a brief written statement of the grounds upon which the application was disap proved. Sec. 33-40. Fees. Application and license renewal fees shall be paid to the city clerk. All fees shall be as pre scribed in Section 2 -2 and the city's adopted fee resolution. Sec. 33.41. Transfer, form; term of license. A license issued under this article shall not. be transferred or assigned or used by any person other than the one to Is. made to the use shall not be any location in the one `de ! n the 'aoolica' recarea nerern and authorizes the licensee to operate a junkyard, ' salvage yard, wrecking yard or regulated scrap metal yard in a lawful place and manner only; it is not a substitute for any certificate of Cape, pane buildin�p permit, or of her, care enter or permit that might be re- quired by law of the li, censee, and it does not i. relieve the licensee of the responsibility to have all such required permits or certificates at ` all times and comply with all laws affecting the above described premises." Said license shall further date of its expiration, - Nhich shall be Decem- aer 31 of the calendar year the license was is- sued. Sec. 33 -42. General operating require. ments. The following regula ions shall apply to all unkyard, salvage yard wrecking yard and regu- ated scrap metal yard operations in the city and it shall be unlawful 0 operate such bus! ness in any manner not n accordance with the arms contained herein: . The license issued pursuant to this chap ter shall be plainly dis- played on the busi ness premises. . The junkyard, salvage yard, wrecking yard or regulated scrap metal yard, together with all things kept therein, shal9at times be main. Ornne in a ­ ilo 50 -6,110 and 50- 6,111, and amendments thereto, was primarily based onthe content therein of aluminum, copper, titanium, tung until sucn.person snau have first obtamed an annual license. Any per- son desiring to engage in the business of oper- ating a junkyard, sat vage yard, wrecking yard or regulated scrap metal yartl shall make application for such If cerise on forms fur nished by the city clerk, . which shall contain the following information'. 1. The name and ads dress of applicant, and in the event appli- cant is a partnership, the names and ad .dresses of all part ners, and in the event . the applicant is a cor- poration or limited If ability company, the names and addresses of all officers of such corporation or come an 2.pThe exact address and property descrip- tion of the premises In Salina where the busi- ness is to be carried on, together with a diagram of the prem- ises showing with ex- actness the location of abutting roads, prop- erly lines, buildings and uses, the bounda- ries of the area where the operation will be conducted and the lo- cation, materials and design of all buildings to be used in the It censed business, in- cludam structures re- quired Hereunder. 3. Such other informal tion as may be re gained by City staff to tletermine compliance With cityy ordinances. Sec. 33 -38. - Site Inves ligation. Upon receipt of anappli- cation for a license to engage In the business of operating a junkyard, salvage yard, wrecking yard or regulated scrap metal yard, or to renew an existincQ7 license, the city clerk shall notify the zoning administrator and such license shall be issued only after: 1. The applicant has ob- tained from the zoning administrator a cenifl- cate to the effect that the site currently be ing used or proposed to be used as a junk- yard salvage yard, wrecking yartl orregu- lated scrap metal yard conforms with all zon- in r eq irements 2. a building official shall have found that any proposed or exist- ing buildings or equip- ment with which the business is being or is to be operated .con form to the require ments of the building code and other appli- cable codes and the requirements of this chapter. 3. The fire marshal shall have found that the proposed or existing premises and equip ment conform to the requirements of the fire code and other applicable codes and the requirements of this chapter. Sec. 33 -39: Issuance of license. operations in me city and it shall be unlawful to operate such busi ness in any manner not in accordance with the terms contained herein: 1. The license issued ppursuant to this chap- at shall be plainly dis- played on the bus! ness premises. 2. The junkyard, salvage yartl, wrecking yard or regulated scrap metal yard, together with all things kept therein, shot times be main - tained in a sanitary condition. 3. No space not covered by the license shall be used in a tunkyard, salvage. yartl, wreck- ing yard or regulated scrap metal yard. 4. No water shall be al- lowed to stand in any place on the premises In such manner as to afford a breeding place for mosquitoes. 5. Weeds and vegeta lion on the premises, other than trees, shall be kept at a height of not more than 12 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 sal vageable parts and in use in the license to business. 7. No junk, parts, regu- lated scrap metal or salvage shall be at lowed to rest upon or protrude over any public street, side walk, or curb, or be come scattered or blown off the business premises. 8. The premises where the operation is con ducted .shall be an closed, except for en- trances and exits, by means of a nontrans- patient fence, wall or beam of a minimum height of eight (S feet measured (from ground level. A chain link fence with slats shall not be consid fired a nontransparent fence for screening purposes. In lieu of a solid wall or fence, chain link fencing may be installed if used in conjunction with a densely planted vegge. tative screen. En trances and exits shall have nontransparent - gates consisting of a minimum of four (4) foot panels with an in- stalled height of five f5) feet measured. from ground level which shall be closed when the business is not in operation. Re- quired fencing and screening shall be maintained and kept in good repair at all times. 9. No screening fence or wall may be located within arequired front yard setback area along a public street or highway. Galva nized metal or sheet metal panels may not as usea in screening fences that face a public street or high way. 10. No inoperable vehi- cles or parts thereof or other salvage mate- rial shall be displayed or stored outside the fence enclosure in a required front yard or in any manner de signed to attract cus. tomers or the general public from any public street or highway. 11. Vehicle crushingg shall be permittee, however, vehicles and other salvage material mag be stacked no higher than the height of the required screening fence it lo- cated within twenty-five (25) feet of the screening fence. 12. No storage or stack- ing of vehicles or other salvage materi- als shall be permitted in required parking spaces, driving aisles or fire lanes as deter - mined by the fire chief. 13. All drwewaya and in- ternal driving aisles 'shall be surfaced with crushed stone, gravel or other all weather material which the fire marshal determines will support the weight of fire apparatus and other emergency vehi- cles. All driving and maneuvering .areas shall be properly maintained and kept free of potholes, weeds, dust, trash and debris. 14. Combustible materk als of any kind not necessary or benefi ciaf to the licensed business shall not be kept on the premises; nor shall the premises be allowed to become a fire hazard. 15. No junkyard, sal ,vage.'yard,, wrecking yard or regulated scrap metal yard op- erator.licensed here- under, or the agent or employee of the 11i see, shall purchase or receive any vehicles from any person un- der the age of eight een (18) years without the written consent of a parent or guardian of such person. Such writing shall be held available for inspec lion by the rep, resente- tive -of the city for period of at least six (61 months.' 16. 1 shall be unlawful for any person, owner, tenant, or employee, to commit such acts as listed below; . a.. Discharge or de :?posit, upon any pu- bic or private prop- - any, any industrial, chemical, hazard ous, or other regu- lated waste. All such material shall be disposed of at a state or federally approved disposal site. b. Permit crankcase or radiator drainage, vehicle engine wash or other oils, greases, vehicle fu- els or like material to be discharged or deposited on to any area within the city. c. Discharge into a pri. vate sewage facility any - industrial or chemical waste that could have a thin .toxic effect upon the facility. J. Dump grass clip. pings, leaves, or any debris in to a 'curb, gutter, storm oay or vwtanon. Sec. 3343. Causes for suspension and revo- cation. The city manager may place on probationary status, suspend or re voke the license of any junkyard, salvage yard, wrecking yard or regu. laled scrap metal yard at any time upon a find- ing, after a report by the, zoning administrator, building official, fire mar- shal or chief of police that: 1. The junkyard, salvage yard, wrecking yard or regulated scrap metal yard licensee or any agent or officer . o/ such who takes pan in the operation of the I- censed.business is not capable of operat- ing the licensed busi- ness or carrying on the licensed activity In a manner consistent with applicable laws regarding the public health and safety, or has been convicted of any crime involving moral turpitude; 2. The junkyard, salvage yam, wrecking yard or regulated scrap metal yard has tailed to comply with the provi- sions of this chapter of any provisions of the national, state or local laws or ordi nances applicable to the premises, equip men t or operation of the licenses business; 3. The licensee has ob- tained such license through any fraud or misstatement; 4. The licensed bus! ness or activity is be- ing conducted in a manner detrimental to the health, safety or general welfare of the public, or is a nut sance, or is being op, stated or carried on to any unlawful manner; or 5. The licensed busi ness or activity is no longer being carried on or operated. Sec. 33 -44. Hearing on denial, suspension or revocation of license. - Any person aggrieved' by the order of any ad- ministrative official authorized to act here under denying, sus pending; or revoking a license for a proposed or existing business or activity subject' to the provisions o� this chap- ter, or recommending that a license be placed the denial, suspension or revocation of the h..':' vice to the city manager as the city manager shall request. Sec. 3345. Appeal. or mislaw property, and 6.5, criminal dep- rivation of propelsy, and am en d m ants thereto, to the Uniform Public Offense Code for Kansas Cities. Sec. 3347. Fees. Application and license renewal fees shall be paid to the City Clerk. All application fees shall be as prescribed in Sec- tion 2 -2 and the city's adopted fee resolution. Sec. 33 -48. Filing of Filing of written notice of the fit ing of registration by a scrap metal dealer within 10 days of regis- tration or renewal. Sec. 33 -49. Issuance of registration, term, trans- fer. (a) Upon receipt of the appplication for re gis traton, the application fee antl verifying the information contained in the registration ap- plication that the ap plicant is qualified; the city clerk shall forward the application to the governing body or its designee. The ggov arming body or its des. ignee shall accept a registration for a scrap metal dealer as otherwise provided for herein, from any scrap metal dealer engaged in business in the city and quail fied to file such regis- tration, to purchase regulated scrap met. als. (b) Registrations issued hereunder, unless re- voked as herein pro - vided, shall be effec- tive for a period of 10 years. (c) It an original regtstra- tion is accepted, the to re and thl as not to the was revoked, or individual, company or managed a facility business entity." for a scrap metal Section 2. That existing - dealer whose regis- Divisions 1 and 2 are tration was revoked, hereby repealed. of was an employee gect,on 3. That Division whose conduct led 3 is hereby added. to or contributed to Section 4. That this or- the revocation of dinance shall be in full such registration. force and effect from and (5) A person who after its adoption and pub - makes a materially lication once in the official false statement on city newspaper. the registration ap- Introduced: plication or has February 27, 2012. made a materially passed: false statement on a March 5, 2012 registration or smi lar filing within the Samantha P. last three years. (6 grmership or Angell, Mayor iimketl liability cam [SEAL] pans unless all LATTESTJE members of the L partnership or Him ieu Ann lady, CIVIC, tied liabity com, City Clerk Perry are otherwise (it) qualified to file a reggistration. (7) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggre . gate more than 25% of the stock of such corporation, would be ineligible to re calve a license hereunder for any reason. (8) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses all of the qualifma lion for registration. (9) A person whose spouse has been convicted of a felony or other crime which would disqualify a Person from rests tration under this section and such 'crime was commit -. .led during the time that the spouse held a registration under this ordinance. (10) A site proposed to be used as a business location that does not con form with the re qulrements of the zoning ordinance - and /or the require ments of this chap- ter. 33.53. Suspension, .revocation (a) The city manager, upon five days notice . to the persons holding a registration, may suspend the scrap metal dealer's regis- tration for up to 30 days for any one of the followinv reasons; - (1) The registrant has . -.._ .. under shall be trans- ferable. Sec. 33 -50. Penalty. Violation of this division is a class A violation and.. punishable by a fine'of� .not more than $2,500,or 5 imprisonment in. jail for -- not _.more ...than 12 fine ai Sec.: This apply above unless such busi- nessouys or recycles regulated scrap metal that are not motor vehi. cle components. - Sec. M-52. Issuance, disqualification. (a) After examining the information contained in a filing for a scrap metal dealer registra- tion and determining the registration meets the statutory require- ments for such regis- tration, the city man ager shall accept such tiling and the scrap been convicted of violating any of the - Provisions of K.S.A.. 50 -6,109 at seq., and amendments thereto, or any simi- lar '. ordinance or -code provisions -' adopted by the city; "(2) The' employment > -or 'continuation in employment :01 a ' pperson if the regis. 'tered .scrap metal dealer .knows_ such person has, within the -24 months prior c to the notice of sus - pension or revoca- tion action, been convicted of violat- ing any of the provi. sions of K.S.A. 50.6,109 at seq.; and amendments thereto, or the laws of another state comparable to such provisions, or any city ordinance, or regulations control - Iing scrap metal sale or purchase in Kan- sas or any other state; or (3) Permitting any such material snail be disposed of at a state or federally approved disposal site. b. Permit crankcase - or radiator drainage, vehicle engine wash or other oils, greases, vehicle fu- els or like material to be discharged or deposited on to any area within the city. C. Discharge.into a pri- vate sewage facility any industrial or chemical waste that could have a bio .toxic effect upon the facility. d. Dump grass clip pings, leaves, or any debris in to a curb, gutter, storm inlet, storm dmm, or watercourse. e. Cause a discharge that constitutes a hazard to humans or wildlife, or causes a violation of the federal Clean Water Act. 17. Any person who commits a prohibited discharge under this section shall be re sponsible for any cost incurred In the con. tainment and mitiga Lion of the hibhed This discharge. This shall include any cost in 18. Yapped and placed in the sanitary sewer in accordance with city plumbing codes. 19. All facilities covered by this section shall be in compliance with all federal and state stormwater discharge permitting and man agement regulations. 20. Floodway bounce rtes for the property shall be specifically marked with monu ment or other perma- nent structures- ac ceptable to the city for ease in determining on the ground where the floodway is to toted. 21. The storage of vehi- cles, either operable, inoperable, or junked, and vehicle parts .and /or the storage of hazardous materials, hazardous waste, or other regulated chemi- cals or materials shall be prohibited in the floodway. 22. No junkyard, sal vage yard, wrecking yard or regulated scrapp metal yard shall be allowed to become a nuisance public or private, nor shall any such business prem- ises be operated in such manner as to be- come injurious to the health, safety or wel- fare of the community or of any residents or businesses in the vi. cinity. 23. A person who vio Isles az provisions of this section is guilty of a misdemeanor and, upon conviction, is punishable by a fine of two hundred dollars ($200) for each act of violation and for each was in accordance with the - provisions of this chapter and shall issue a written decision re 9arding the status of the license. This written de- cision shall -be filed with the city clerk and sewed by the clty manager upon all pa !es appear- manager manager sec. as -at. exception. This division shall not apply to a business If censed under the provi- `� sions..of K.S.A. 8 -2404, and,. amendments thereto, and Division 2 above unless such busi- ness buys or recycles regulated scrap metal that are not motor vehi- cle components. Sec. 33 -52. Issuance, disqualification. (a) After examining the information contained in a filing for a scrap metal dealer registra- tion and determining the registration meets the statutory reouire- com- (b) No scrap metal reg- ng a .!straiten -shall be am of the city manager's written decision. The appeal shall be heard by the board otchy com missioners at their next regularly scheduled meeting. AnY decision of the board of city com. missioners shall be sob - ject to appeal pursuant to aplicable state law. 'gIVISION.3. 'REGISTRATION Sea 33 -.46. Reglstra- tfon, application. An application for regis- tration for a scrap metal dealer shall be vermed and made upon a form furnished by the city and approved by the after nay general and shall contain: (a) The name and rest dance of the appli a registration is de� sired; (d) The name of the owner of the premises upon which the piece of business is located; and (e) The applicant shall disclose any prior con- victions within 10 years immediately preceding the date of making the register tion for theft, theft of property, lost, mislaid or delivered by mis take, theft of services criminal deprivation of property, or any other crime involving pos session of stolen propp any as defined in at 31 of chapter 21 of the Kansas Statutes Annotated. (f) In addition to the in- formation required in subsection 33- 46(e), the applicant shall also disclose any prig convictions within 10 years immediately preceding the date of making the application for registration for any federal or local crime or offense similar to those stated in sub section 33 -06 e , to in- clude, but no a lim- ited to, sections 6.1, theft, 6.3, theft of lost age and whose.par- ents or legal guardi- ans have been con- victed of a felony or other crime which would' disqualify a Person from regis. tration. under this di. vision '. and such -crime was commit. ted during the time that such parents or legal guardians held a, registration under - this division. (2) A person who, Within five years im. mediately preceding the date of filing, has pled guilty to, been convicted of, released from incar- ceration for or re leased from proba- tion on parole for mft a violation of ar- ticie.37 of chapter 21 of. the Kansas Statutes Annotated, perjury, compound- ing crime, obstruct- in processor official duty, falsely reporting a crime, interference with law enforcement, inter. ference with judicial process, or any crime involving . more turpitude on der article 38. 01 chapter 21 of the Kansas Statues An- notated. (3) A person who,,.. within the five years: immediately preced- Ing the date of regis- tration, has 'pled guilty to been found guilty of, or entered a diversion agree ment for violating the provisions of section 1, and amendments thereto, KSA 50 -6, 109 at seq and amendment thereto, the laws of another state comparable to such provisions of laws of any county or city regulating the sale or purchase of regulated scrap metal three or more times. (4) A person who within the three years immediately preceding the date of registration held a scrap metal 'dealer registration which employment 01 a parson if the regis- tered .scrap metal dealer knows such person has, within the 24 months prior to the notice of sus- pension or revoca- tion action, been convicted of violat- ing any of the provi- sions of K.S.A. 50 -6,109 at seq., and amendments thereto, or the laws of another state comparable to such provisions, or any city ordinance, or regulations control- ling scrap metal sale or purchase in Kan - sas or any other state; or (3) Permitting any criminal activity un- der the Kansas criminal code, or similar ordinance adopted by the city In or upon the regis trant's place of busi- ness. (b) The city manager may revoke the regis. tration of a scrap metal dealer who has had its registration suspended three or more times within a 24 -month period. (c) The city manager, upon five days' notice to the person holding the registratiorishall- revoke or suspend the registration for any one of the following reasons: (11 The registrant has fraudulently regis tared by knowingly giving materially has . a to or suspenaing gistralion, the mt may appeal board of com 1ers. Theap all be heard by trd of commis at their next �lv scheduled 1 ap- the it ju- mat trict court may enjoin the revocation or sus - ppension of aregistra- on until final disposi- tion of any action brought under this or- dinance. (i) Any action brought under this section shall be brought indi- vidually against a sin- gle registrant's site and not against any other scrap _ metal sites or locations reg- istered by the same.