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(Published in the Salina Journal on February 13, 2010.)
ORDINANCE NUMBER 07-10402
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 33 PERTAINING TO
JUNKYARDS, SALVAGE YARDS, SCRAP METAL PROCESSING, AND WRECKING
YARDS AND REPEALING EXISTING SECTIONS 33-36 THROUGH 33-54.
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BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Article III of Chapter 33 of the Salina Code is hereby amended to read as follows:
"ARTICLE III. JUNKYARDS, SALVAGE YARDS, SCRAP METAL PROCESSING
AND WRECKING YARDS
Sec. 33-36. Definitions.
"Junkyard" is an area of land, with or without buildings, used for or occupied by a depo
collection or storage, outside a completely enclosed building of used or discarded materi
such as scrap metal, machinery, equipment, tires, vehicles or parts thereof with or without
dismantling, processing, recycling, salvage, sale or other use or disposition thereof. Wh,
such imaterials are a byproduct of an established permitted use on the property, such activ
shall ibe considered outdoor storage.
"Salvage yard" is an area of land, with or without buildings, used for storing, crushi:
dismantling, shredding, compressing or salvaging discarded machinery, equipment or two
more unlicensed inoperable vehicles.
"Scrap metal processor" is a business engaged in the buying, selling, storing, exchangi:
processing, trading or otherwise dealing in scrap metal.
"Wrecking yard" (auto salvage yard, automobile graveyard) is any area of land, with
without buildings, upon which two or more motor vehicles of any kind which are inopera
and / or unlicensed are stored for the purpose of collecting, crushing, dismantling
salvaging vehicles or parts thereof for recycling or resale.
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Sec. 33-37. Annual license required; application.
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No person shall engage in the business of operating a junkyard, salvage yard, scrap mf
processing or wrecking yard operation unless and until such person shall have first obtail
an annual license therefore as provided for herein — Any person desiring to engage in
business of operating a junkyard, salvage yard, scrap metal processing or wrecking y
business shall make application for such license on forms furnished by the City Clerk, wh
shall 'contain the following information:
The name and address of applicant, and in the event applicant is a partnershi
the names and addresses of all partners, and in the event the applicant is
corporation or limited liability company, the names and addresses of all office
of such corporation or company. '
2. The exact address and property description of the premises in Salina where
business is to be carried on, together with a diagram of the premises shov
with exactness the location of abutting roads, property lines, buildings and u
the boundaries of the area where the operation will be conducted and
location, materials and design of all buildings to be used in the licei
business, including structures required hereunder.
3. Such other information as may be required by City staff to
compliance with city ordinances.
Sec. 33-38. Site investigation.
Upon receipt of an application for a license to engage in the business of operating a ju
salvage yard, scrap metal processing or wrecking yard business, or to renew an
license, the City Clerk shall notify the neighborhood services supervisor and such
shall be issued only after:
1. The applicant has obtained from the zoning administrator or his or her designs
a certificate to the effect that the site currently being used or proposed to 1
used as a junkyard, salvage yard, scrap metal processing or wrecking ya
business conforms with all zoning requirements.
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2. The building official or his or her designee shall have found that any propos(
or existing buildings or equipment with which the business is being or is to 1
operated conform to the requirements of the building code and other applicab
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codes and the requirements of this chapter.
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3. The health sanitation inspector or his or her designee shall have found that t]
proposed or existing premises and equipment to be used in the busine
operation conform to the requirements of this article and all applicable heal
laws.
4. The fire marshal or his or her designee shall have found that the proposed
existing premises and equipment conform to the requirements of this chapt
and all applicable provisions of the fire code.
Sec. 33-39. Issuance of license.
If all of the findings required in Section 33-38 are favorable to the applicant, the City Cle.
shall, within thirty (30) days after the filing of the application, notify the applicant that t]
application has been approved and that a license to operate a junkyard, salvage yard, scr,
metal: processing or wrecking yard business in the city shall be issued upon payment of t]
prescribed license fee. If any of the findings provided for in said section are unfavorable
the applicant, the City Clerk shall, within thirty (30) days after the filing of the applicatio
notify the applicant that the application is disapproved and that no license will be issue
Upon request, the City Clerk shall furnish the applicant with a brief written statement of tl
grounds upon which the application was disapproved.
Sec. 33-40. Fees.
Application and license renewal fees shall be paid to the City Clerk. All fees shall be
prescribed 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 pers(
other than the one to whom it is issued, unless application for such transfer is made to t]
City Clerk.
The license shall not be used in any location other than the one described in the applicati(
upon which it was issued, and shall state on its face the following: "This license applies on
to the` premises indicated herein and authorizes the licensee to operate a junkyard, Salva;
yard, scrap metal processing or wrecking yard business in a lawful place and manner only;
is not a substitute for any certificate of occupancy, building permit, or other certificate
permit that might be required'by law of the licensee, and it does not relieve the licensee
the responsibility to have all such required permits or certificates at all times and comp
with all laws affecting the above described premises. "
Said license shall further state on its face the date of its issuance and the date of
expiration, which shall be December 31 of the calendar year the license was issued.
Sec. 33-42. General operating requirements.
The following regulations shall apply to all junkyard, salvage yard, scrap metal processil
and wrecking yard operations in the city, and it shall be unlawful to operate such business
any manner not in accordance with the terms contained herein:
1. The license issued pursuant to this chapter shall be plainly displayed on t]
business premises.
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2.
The junkyard, salvage yard, scrap metal processing or wrecking yard busines
together with all things kept therein, shall at times be maintained in a sanitai
condition.
3.
No space not covered by the license shall be used in the junkyard, salvage yar
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scrap metal processing or wrecking yard's business operation.
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No water shall be allowed to stand in any place on the premises in such mann
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as to afford a breeding place for mosquitoes.
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Weeds and vegetation on the premises, other than trees, shall be kept at a heig
of not more than twelve (12) inches.
6.
No garbage or other waste liable to give off a foul odor or attract vermin shz
be kept on the premises; nor shall any refuse of any kind be kept on tl
premises, unless such refuse is salvageable parts and in use in the license
business.
7.
No junk, parts or salvage shall be allowed to rest upon or protrude over ar
public street, sidewalk, or curb, or become scattered or blown off the busine
premises.
8.
The premises where the operation is conducted shall be enclosed, except f
entrances and exits, by means of a nontransparent fence, wall or berm of
minimum height of eight (8) feet measured from ground level. A chain lir
fence with slats shall not be considered a nontransparent fence for screenir
purposes. In lieu of a solid wall or fence, chain link fencing may be installed
used in conjunction with a densely planted vegetative screen. Entrances ar
exits shall have nontransparent gates consisting of a minimum of four (4) fa
panels with an installed height of five (5) feet measured from ground lev
which shall be closed when the business is not in operation. Required fench
and screening shall be maintained and kept in good repair at all times.
9.
No screening fence or wall may be located within a required front yard setba4
area along a public street or highway. Galvanized metal or sheet metal pane
may not be used in screening fences that face a public street or highway.
10.
No inoperable vehicles or parts thereof or other salvage material shall 1
displayed or stored outside the fence enclosure in a required front yard or in ai
manner designed to attract customers or the general public from any pub]
street or highway.
11.
Vehicle crushing shall be permitted, however, vehicles and other salval
material may be stacked no higher than the height of the required screenil
fence if located within twenty-five (25) feet of the screening fence.
12.
No storage or stacking of vehicles or other salvage materials shall be permittl
in required parking spaces, driving aisles or fire lanes as determined by the fi
chief.
13.
All driveways and internal driving aisles shall be surfaced with crushed stor
gravel or other all weather material which the fire marshal determines w
support the weight of fire apparatus and other emergency vehicles. All drivii
and maneuvering areas shall be properly maintained and kept free of pothol(
weeds, dust, trash and debris.
14.
Combustible materials of any kind not necessary or beneficial to the licens
business shall not be kept on the premises; nor shall the premises be allowed
become a fire hazard.
15.
No junkyard, salvage yard, scrap metal processing or wrecking yard operat
licensed hereunder, or the agent or employee of the licensee, shall purchase
receive any vehicles from any person under the age of eighteen (18) yeE
without the written consent of a parent or guardian of such person. Such writi:
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shall be held available for inspection by the representative of the city for
period of at least six (6) months.
16. It shall be unlawful for any person, owner, tenant, or employee, to commit
acts as listed below:
a. Discharge or deposit, upon any pubic or private property, any industi
chemical, hazardous, or other regulated waste. All such material shall
disposed of at a state or federally approved disposal site.
b. Permit crankcase or radiator drainage, vehicle engine wash or other o:
greases, vehicle fuels or like material to be discharged or deposited on
any area within the city.
c. Discharge into a private sewage facility any industrial or chemical
that could have a biotoxic effect upon the facility.
d. Dump grass clippings, leaves, or any debris in to a curb, gutter, storm
storm drain, or watercourse.
e. Cause a discharge that constitutes a hazard to humans or wildlife, or
a violation of the federal Clean Water Act.
17. Any person who commits a prohibited discharge under this section shall bi
responsible for any cost incurred in the containment and mitigation of th,
prohibited discharge. This shall include any cost incurred by the city, whic]
may include, but is not limited to, chemical analysis, manpower and equipment.
18. All discharges from vehicle part washing operations shall be trapped and
in the sanitary sewer in accordance with city plumbing codes.
19. All facilities covered by this section shall be in compliance with all federal
state stormwater discharge permitting and management regulations.
20. Floodway boundaries for the property, shall be specifically marked v
monument or other permanent structures acceptable to the city for ease
determining on the ground where the floodway is located.
21. The storage of vehicles, either operable, inoperable, or junked, and vehicle
and / or the storage of hazardous materials, hazardous waste, or other regi
chemicals or materials shall be prohibited in the floodway.
22. No junkyard, salvage yard, scrap metal processing or wrecking yard busin,
premises shall be allowed to become a nuisance public or private, nor shall
such business premises be operated in such manner as to become injurious
the health, safety or welfare of the community or of any residents or busines
in the vicinity.
23. A person who violates any provisions of this section is guilty of a misdemea
and, upon conviction, is punishable by a fine of two hundred dollars ($200)
each act of violation and for each day of violation.
Sec. 33-43. Causes for suspension and revocation.
The city manager may place on probationary status, suspend or revoke the license of ar
junkyard, salvage yard, scrap metal processing or wrecking yard business at any time upon
finding, after a report by the neighborhood services supervisor, fire marshal, the heals
sanitation inspector, zoning administrator, building official, or chief of police that:
1. The junkyard, salvage yard, scrap metal processing or wrecking yard busine
or any agent or officer of such who takes part in the operation of the license
business or is not capable of operating the licensed business or carrying on t]
licensed activity in a manner consistent with applicable laws the public's healt
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safety and good morals, or has been convicted of any crime involving moral
turpitude;
2. The junkyard, salvage yard, scrap metal processing or wrecking business has
failed to comply with the provisions of this chapter of any provisions of the
national, state or local laws or ordinances applicable to the premises, equipment
or operation of the licenses business;
3. The licensee has obtained such license through any fraud or misstatement;
4. The licensed business or activity is being conducted in a manner detrimental to
the health, safety or general welfare of the public, or is a nuisance, or is being
operated or carried on in any unlawful manner; or
5. The licensed business 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 administrative official authorized to act hereunder
denying, suspending, or revoking a license for a proposed or existing business or activity
subject to the provisions of this chapter, or recommending that a license be placed on
probationary status, may file a written request for a administrative hearing before the city
manager within ten (10) days after the issuance of such order. The city manager shall give
notice of the hearing to other persons directly interested in the order in question. At such
hearing, the city manager shall determine whether the denial, suspension or revocation of the
license or probationary status of the licensee was in accordance with the provisions of this
chapter and shall issue a written decision regarding the status of the license. This written
decision shall be filed with the city clerk and served by the city manager upon all parties
appearing or represented at said hearing. The city attorney shall furnish such assistance and
advice to the city manager as the city manager shall request.
Sec. 33-45. Appeal.
Any probation, suspension or revocation of a license may be appealed to the board of city
commissioners by filing a notice of appeal with the city clerk's office within twenty days of
the date of the city manager's written decision. The appeal shall be heard by the board of
city commissioners at their next regularly scheduled meeting. Any decision of the board of
city commissioners shall be subject to appeal pursuant to applicable state law.
Secs. 33-46— 33-54. Reserved."
Section 2. That existing Sections 33-36 through 33-54 are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
[SEAL]
ATTEST:
Shandi Wicks, Deputy City Clerk
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Introduced: February 1, 2010
Passed: February 8, 2010