Chapter 114: Junkyards

Code of Ordinances for the City of Wayne, Nebraska

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Chapter 114: Junkyards

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Statutory reference:

Junkyards generally, see Neb. RS 39-2601 et seq.

114.01 Regulations

It shall be unlawful for any person to own, operate or hold open for public use any junkyard without first obtaining a license to do so from the city. Application for a license to own, operate or hold open for public use any junkyard shall be made in writing to the City Clerk and shall require such information and documents, or copies, the Council deems necessary to determine whether to grant or reject the application. Upon approval of the application, the City Clerk shall issue the license upon the payment of a fee set by resolution of the Council. The licensee shall then be subject to any occupation taxes, bond requirements and other rules and regulations the Council may determine to be beneficial to the city. Any such bond shall be set by resolution of the Council and will be conditioned upon the faithful observance of the provisions of this chapter. The bond shall be held for the benefit of any person who may suffer damage by the improper management of the junkyard.

(2002 Code, § 22-151) Penalty, see § 10.99

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114.02 Owner's Responsibility

(A) The owner of the premises upon which a junkyard is located shall be equally responsible with the operator, director or employees of the junkyard to see that the provisions of this chapter will not be violated.

(B) If the provisions of this chapter are violated, he or she shall be equally liable with the operator, director or employee for the violation of the provisions in this chapter.

(2002 Code, § 22-152)
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114.03 Inspections

The city police, health officials and the Council shall have the power and authority to inspect and examine the premises on which a junkyard is located provided the inspection is at a reasonable time. Upon a finding that the owner, operator, director or employee has allowed a health or safety hazard to develop, the Council shall give written notice to the owner to remove the health hazard within 30 days.

(2002 Code, § 22-153)
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114.04 Nuisance

Any junkyard that becomes a danger to the public health, or is not operated in the manner provided in this chapter, shall be deemed to be a public nuisance after a 30-day period of grace. The Council shall then request the City Attorney to prosecute the owner, operator, director or employee of the nuisance for violation of the provisions of this chapter.

(2002 Code, § 22-154)

Statutory reference:

Authority to define and abate nuisances, see Neb. RS 18-132
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114.05 Records

Any person who shall be engaged in the junk business shall keep a book which shall be legibly written in ink at the time of any purchase of goods or articles at the time they were received and the name, residence and description of the person doing the selling. The book, as well as the article purchased, shall be at all reasonable times subject to the inspection of the Council or any member of the city police.

(2002 Code, § 22-155) Penalty, see § 10.99

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114.06 Rodents

Any person who owns, operates, directs or is employed by a junkyard shall make a diligent and continuous effort to exterminate all rats, mice and other harmful rodents frequenting the junkyard.

(2002 Code, § 22-156) Penalty, see § 10.99

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