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581ORDINANCE N0. 5R7 AN ORDINANCE LICENSING AND REGULATING JUNK YARDS, JUNK DEALERS, AND ITINERANT JUNK DEALERS AND PROVIDING PENALTIES FOR VIOLATIONS. WHEREAS, in the City of Edgewater, Florida, damaged worn out, scrapped, or discarded materials or objects such as automobiles, building materials, machinery, metal, waste- paper, wrecks, glassware and tinware are, or in the future may be stored in a dangerous or unsanitary manner in yards or other places within the city; and WHEREAS, the places in which damaged, worn out, scrapped, or discarded materials or objects are stored, or in the future may be stored tend to become overgrown with weeds, littered with rubbish or debris; and infested with rats, mice, insects, reptiles and other vermin; and _ WHEREAS, such conditions tend to attract children and endanger their lives and health; spread disease, invite plunder- ing; attract vagrants; create fire hazards and other safety and health hazards; create, extend and aggravate urban blight; interfere with the comfort and well-being of the public; and WHEREAS, adequate protection for the public health, safety and welfare requires that the business of handling and dealing in junk be regulated and controlled. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. Definitions. For the purposes of this Ordinance, the following definitions shall apply: (a) Junk shall mean old or scrap copper, brass, rope, s�i rags, batteries, paper, lumber, trash, rubber, debris, oddments, wastements, litter, leavings, ruins, castoffs, rummage, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old scrap ferrous or nonferrous material. (b) Automobile graveyard shall mean an establishment or place of business which is maintained or operated for the use of storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. (c) Junkyard shall mean an establishment or place of business which is maintained or operated for the use of storing, keeping, buying or selling such junk, or for the maintenance or operation of an automobile graveyard. (d) City Council shall mean City Council of the City of Edgewater, Florida. SECTION 2. Restrictions upon new junk yards or automobile graveyards. It shall be unlawful for any person, firm or corporation to hereafter establish or maintain an automobile graveyard or junk yard as hereinabove defined without first obtaining a special permit therefor from the City Council. In connection with the issuance of such permits the following requirements shall be applicable: (a) Area. The minimum area of land to be used shall not be less than forty thousand (40,000) square feet and the maximum area of land so used shall not exceed two hundred thousand (200,000) square feet. (b) Screening of premises; erection, maintenance. The area to be occupied by the junkyard shall be entirely surround- ed by a substantial, continuous solid fence or wall at least eight (8) feet in height. Such fence or wall shall be of similar composi- tion, construction, and color throughout and shall be constructed -2- without openings except for one entrance and one exit, such entrance and exit to be equipped with solid gates. Such gates shall be closed and securely locked at all times, except during business hours. Plans for such fence or wall shall be submitted to the City Council who shall determine whether or not the pro- posed fence will meet the requirements of this chapter. No building permit shall be issued for the construction of such fence or wall until the approval of the City Council has been secured. Such fence shall be maintained in good order and shall not be allowed to deteriorate. (c) Applications for issuance of special permits pro- vided for hereinabove shall be made upon forms to be prescribed by the City Building Inspector. SECTION 3. Restrictions upon existing junkyards or automobile graveyards. Since it is the intent of this Ordinance to minimize the extension of nonconforming uses and to look to their possible eventual elimination, any junkyard or automobile graveyard exist- ing and foperating as a nonconforming use in any district on the effective date of this Ordinance shall be allowed to continue its operations subject to the following provisions, and all other applicable provisions of the City Code and City Charter, to -wit: (a) Area. The actual area used for the operation of such junkyards or automobile graveyard as of this date, shall not be structurally altered to increase their bulk or square footage area. (b) Buildings. No additional permanent buildings shall be erected and no presently existing permanent buildings shall be structurally altered to increase their bulk or square footage area. (c) Screening of premises; erection, maintenance. Within ninety (90) days after the effective date of this Ordinance, the area occupied by the junkyard shall be entirely surrounded by -3- a substantial, continuous, solid fence or wall at least eight (8) feet in height. The fence shall meet the requirements of Section 2. above and the procedure there outlined for approval of the plans for such fence shall be followed. It is the intent of this Ordinance that the time period allowed for the erection of the fence is reasonable and that the requirement of such fence is necessary to accomplish the purposes of this Ordinance; and further that any such fence shall enclose the said lot or junkyard from public view; therefore, it shall be unlawful for any person, firm, or corporation operating such an establishment to keep or pile any wrecked automobiles or parts or junk at a height exceeding eight (8) feet. SECTION 4. Restrictions upon new junkyards or auto- mobile graveyards and upon existing junk yards or automobile graveyards. (a) At all times the City Sanitation Officer and/or the Chief of Police shall have the right to enter upon the premises of any junk yard as defined herein for the purpose of inspecting the same to ascertain that the provisions of this Ordinance are not being violated. Any refusal of the owner or operator of a junk yard to comply with the request of the City Sanitation Officer or Police Chief to enter the premises for such inspection shall be deemed a violation of this Ordinance and shall subject the owner and/or the operator of the said junk yard to the penalties provided herein. (b) There shall be no advertising upon the outside of the wall or fence surrounding any junk yard in the City of Edgewater, Florida; provided, however, that this shall in no way prohibit the owner and/or operator of the said junk yard from placing the business name or symbol of the junk yard upon said wall. SECTION 5. Penalties for violation. Any person, firm or corporation convicted of violating the provisions of this Ordinance, shall upon conviction thereof -4- be punished by a fine not exceeding the sum of five hundred ($500.00) dollars, or by imprisonment for a period not exceed- ing ninety (90) days, or by both such fine and imprisonment. Any day upon which such violation exists or continues to exist shall be deemed a separate and distinct offense. SECTION 6. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 7. That this Ordinance shall take effect immediately upon its passage by the City Council and upon approval by the Mayor. The above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida upon first reading at a regular meeting of said Council held on December 4, 1967. t.' -5- The above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida upon second and final reading, at a regular meeting of said Council held on December 18, 1967. Upon said second reading and passage the Ordinance was ordered put upon final passage. Passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting of said City Council held on December 18, 1967, and approved as provided by law, the vote of said City Council being as follows: Councilman Attest: ty er Approved this 18th day of December, 1967. Y1/'I N La-, o Mayor IM p.