City of New Haven, Indiana

CHAPTER 112:  COMMERCIAL ENTERPRISES AND JUNKYARDS

Section

                                                          Commercial Enterprises

112.01 Establishment Within Residential District

                                                                     Junkyards

112.10 Establishment Within Residential District

112.11 License Required

112.12 Record of Business to Be Kept

112.13 Daily Report

112.14 Book Open to Inspection

112.15 Purchase from Intoxicated Person Prohibited

112.16 Goods to Be Kept for Certain Time Period

112.17 Fence Required

112.18 Burning of Trash, Wood, or Coal

112.19 Melting of Metals

112.99 Penalty

                                                  COMMERCIAL ENTERPRISES

'112.01           ESTABLISHMENT WITHIN RESIDENTIAL DISTRICT

Any person, firm, or corporation who shall establish or attempt to establish any filling station, grocery store, restaurant, trailer camp, or any other commercial enterprise, shall file with the Clerk Treasurer a writing bearing the signatures of at least 60% of the owners of real estate within a radius of 500 feet of the site of the proposed establishment.  The signatures shall indicate consent of the residents to the commercial enterprise.

Compiler's Note:  This Ordinance has been superseded by the adoption of Chapter 151:  Zoning Code.

[Ord. 559, passed 11-25-40; Am. Ord. to Ord. 559, passed         ]

                                                                  JUNKYARDS

'112.10           ESTABLISHMENT WITHIN RESIDENTIAL DISTRICT

Any person, firm, or corporation who shall establish or attempt to establish any junkyard or place for the purchase, sale, collection, exchange, retention, or disposition of cast-off iron or other metals, discarded clothing, rags, paper, and other used articles which may have been discarded within the corporate limits of the City, shall before establishing or attempting to establish the junkyard or place, file with the Clerk Treasurer a writing bearing the signatures of at least 60% of the owners of real estate within a radius of 500 feet of the site of the proposed establishment; this writing shall indicate consent of the residents to the junkyard.

Compiler's Note:  This Ordinance has been superseded by the adoption of Chapter 151:  Zoning Code.

[Ord. 558, passed 3-11-40]

'112.11           LICENSE REQUIRED

(A)  Junk Dealer.  Any person who engages in the business of buying waste, used, old, or second-hand iron, brass, copper, tin, zinc, or any other metal, or rags, rubber, bottles, paper or any other like material or by-product of any person, or junk of any kind whatsoever from any other junk dealer or peddler, or from any person.

(B)  Any person desiring to conduct a junkyard or engage in the business of junk dealer must be properly licensed, as set out by the State statutes.

[Ord. 560, passed 8-5-40]

'112.12           RECORD OF BUSINESS TO BE KEPT

Every person licensed to conduct, maintain, or engage in the business of a junk dealer shall keep a book in which shall be legibly written in ink at the time of the purchase, taking, or receiving of any goods, articles, or things, an accurate account and description in the English language, of the goods, articles, or things purchased, taken, or received; the amount of money paid therefor; the time of purchasing, taking, or receiving the goods; and the name, residence, age, color, height, weight, complexion, style of beard, style of dress and number of the licensed badge, if any, of the person or persons selling or delivering the goods, articles, or things.

[Ord. 560, passed 8-5-40]

'112.13           DAILY REPORT

(A)  Every person licensed under '112.11 shall make out and deliver to the Chief of Police every day before the hour of 12:00 noon, a legible and correct copy from the book required in '112.12, giving an accurate account and description of the following:

(1)  The goods, articles, or things taken or received during the preceding day;

(2)  The price paid for the goods;

(3)  The precise time of purchasing, taking, or receiving the goods; and

(4)  The name, residence, age, color, height, weight, complexion, style of beard, style of dress and number of the licensed badge, if any, of person or persons from whom the goods, articles, or things were purchased, taken, or received.

(B)  The copy is to be made on blank white paper, 10 by 20 inches in size, on one side only, in the following form:

                                                                    OFFICE OF

                                              ________________________________

No. _________________________ Street

       New Haven, Indiana

Report of all property received by me as a junk dealer, my agents, servants, and employees, since the making of my last report, as required by the laws of the City regulating the duties of junk dealers.

Signature ____________________

[Ord. 560, passed 8-5-40] 

'112.14           BOOK OPEN TO INSPECTION

The book provided for in '112.12 shall at all reasonable times be open to the inspection of the Chief of Police, or any member of the police force authorized by the Chief of Police to examine it.

[Ord. 560, passed 8-5-40]

'112.15           PURCHASE FROM INTOXICATED PERSON PROHIBITED

It is unlawful for any person, firm, or corporation licensed under '112.11 to purchase, take, or receive any goods, articles, or things from any person when that person is in an intoxicated condition.

[Ord. 560, passed 8-5-40]

'112.16           GOODS TO BE KEPT FOR CERTAIN TIME PERIOD

All goods or articles purchased or received by any proprietor, manager, or employee of a licensed junkyard or store, shall be retained at the licensed junkyard by the proprietor, manager, or employee for a period of not less than 48 hours before disposing of them.

[Ord. 560, passed 8-5-40]

'112.17           FENCE REQUIRED

Every person licensed under '112.11, who shall operate and maintain a junkyard within the corporate limits of this City shall completely fence in the enclosure used as a junkyard with boards of pine wood or similar or better quality, all in good condition, to the height of eight feet from the ground, so that the junk piled in the yard shall not be visible at any point from the streets or from the territory surrounding the junkyard.  The junk when piled in this fenced enclosure shall not be piled higher than the fence.

[Ord. 560, passed 8-5-40]

'112.18           BURNING OF TRASH, WOOD, OR COAL

(A)  It is unlawful for any person operating or maintaining a junkyard to burn wood, coal, trash, or any inflammable substance in the open.

(B)  No fires shall be built or allowed to burn except in an incinerator composed of brick or like material cemented together so that no smoke is emitted from the walls of the incinerator.  The incinerator is to be fitted with a smoke stack of sufficient height to carry the smoke over the roofs of homes in nearby surrounding territory.

[Ord. 560, passed 8-5-40]

'112.19           MELTING OF METALS

It is unlawful for any person licensed under '112.11 to carry on the business of operating and maintaining a junkyard within the corporate limits of the City, to fuse or melt metal objects, destroying their original identity, on the premises used as a junkyard.

[Ord. 560, passed 8-5-40]