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Ordinance 5-Prohibit and Limit the Operation of Junk Yards

An Ordinance to secure the public peace, health, safety, welfare, and convenience of the residents and property owners of the Township of Springport, Jackson County, Michigan a municipal corporation, and to prohibit and limit the operation of junk yards, and to repeal all Ordinances and parts of Ordinances in conflict therewith. WHEREAS, Public Act 12 of 1929, of the State of Michigan, as amended, enables and gives to this Township Board to adopt an Ordinance providing for the licensing of junk yards and places for the dismantling, wreaking and disposing of junk and/or refuse materials of automobiles and to prescribe the amount of license fee, and to adopt rules, regulations and conditions for the operation thereof, which in the discretion of the board will best protect the public health, interest and general welfare of the township. THE TOWNSHIP BOARD OF SPRINGPORT TOWNSHIP, JACKSON COUNTY, MICHIGAN ORDAINS: Section 1; TITLE This Ordinance shall be know as the “Springport Township Junk Yards Ordinance.” Section 2: Any and all and every person engaged in the operation of a junk yard or junk yards within the Township of Springport, Jackson County, Michigan, shall be required to obtain a license for each and every location of such business within said township and shall be subject to the conditions, terms and operational regulations hereinafter provided. Section 3: All persons engaged in the junk business within the said township shall obtain a license for each junk yard operated or maintained within the said township, from the township board. Section 4: The license fee shall be in the amount of Twenty-Five($25.00) Dollars and the licence shall extend for a period of one year unless revoked for failure to comply with the terms under which it was granted and the terms of these regulations. The annual licence fee shall be the sum of Twenty-Five($25.00) Dollars for each junk yard maintained or operated. Section 5: The term “junk dealer” shall mean any person who buys, stores, sells, receives at a fixed location, used rags, paper, used bags, used brass, used copper, used tin, used iron or any other used metal, or used machinery and/or automobiles acquired for the purpose of dismantling or stripping for the sale of used metals and parts. The term “junk yard” shall mean any place within the Township used as a site for the activities of any one or more natural persons, firms, co-partnerships, corporations and all associations of natural persons incorporated or unincorporated, whether acting by themselves, or by agent or employee. All persons who violate the terms of this Ordinance whether as owner, or as agent, or employee shall be equally liable as principals. Section 6: Applications for a junk yard license shall be in writing and directed to the township clerk. The application shall contain the names of all persons interested in the operation and ownership of the junk yard. The application shall contain the addresses of all persons interested in the junk yard, the mailing address of the business and the exact location of the junk yard. The name under which the business shall operate shall be given and in the event that the business is to be operated by a corporation, the names and addresses of the officers of the corporation shall be disclosed, together with the corporate authorization for the application. The application shall contain a statement that the applicant will abide by the terms and rules of this Ordinance and regulations if granted a license. Section 7: Upon receipt of an application for a junk yard license by the township clerk, such application shall be referred to the Township Board. Upon receipt of the application by the Township Board, the Township Board shall direct the Township Supervisor to make a full and complete investigation of the applicant and site the applicant proposes to conduct the junk yard business. The Supervisor may call upon the Michigan State Police and the Office of the State Fire Marshall for assistance in the investigation. The supervisor shall report the results of his investigation to the Township Board as soon as possible. The Township Board shall thereupon act upon the application. Section 8: The following regulations and conditions for the granting of a license to operate a junk yard shall be complied with: (a) No junk yard or junk dealers shall operate his business or use the junk yard so as to create a nuisance by reason of noise, disagreeable odors, fumes, filth, or loose debris. (b) The junk yard or business shall not be operated so that the air of any property owner in the vicinity is polluted by the burning of rubber or other substances. (c) All places withing the junk yard for the storage of junk shall be completely and suitably screened or fenced from view of any public street or highway and no junk shall be placed, so as to openly be visible from any public street or highway. (d) All persons having a license under this Ordinance shall comply with all the rules, regulations and laws of the State of Michigan, or other governmental regulations relating to the operation of their business. Section 9: No license under this Ordinance shall purchase, receive or take any junk from any person under the age of seventeen (17) years, from any intoxicated person, or from any person known by reputation or suspected by him to be a thief or any associate of thieves or a receiver of stolen property. Section 10: Any person violating any of the provisions of this Ordinance regulating the licensing of the operation of junk yards or failing to comply with its requirements, shall upon conviction be punished by a fine not exceeding One Hundred Dollars ($100.00) or by imprisonment of not more than Ninety (90) Days in the County Jail, or both, at the discretion of the court. Upon conviction of any person failing to comply with the terms of this Ordinance, the Township Board shall revoke junk yard license held by such convicted person and such a person shall not be granted a license to maintain and operated a junk yard in the said Township for a period of two (2) years. Section 11: This Ordinance shall be effective after legal publication and in accordance with provisions of the Act governing same. This Ordinance duly adopted on July 14, 1975 at a regular meeting of the Springport Township Board will become effective August 13, 1975.