Carpinteria Municipal Code Ch. 5.36 Junkyards and Auto Wrecking Yards

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For statutory provisions on junkyards, see Bus. and Prof. Code § 21600 et seq.

For the purpose of this chapter, the following definitions are adopted:

A. "Auto Wrecking Yard." The placing on any lot or parcel of land of three or more non-operative motor vehicles for a period exceeding thirty days, and where parts have been removed therefrom for reuse or sale, shall constitute use of land for an auto wrecking yard.

B. "Dump" means an area devoted to the disposal of refuse, ashes, garbage, offal, dead animals or other similar material, including incineration or reduction of the same.

C. "Junkyard" means the use of more than two hundred square feet of land for the storage of junk, including scrap materials.

D. "Motor vehicle" means a motor vehicle which is self-propelled.

E. "Nonoperative motor vehicle storage yard" means the placing on any lot or parcel or contiguous lots or parcels of land, of three or more nonoperative motor vehicles for a period exceeding thirty days.

(Prior code § 4137)

It is unlawful for any person, firm, corporation, or association, except a municipal corporation, to carry on, maintain, conduct or use land for a dump, junkyard, auto wrecking yard or nonoperative motor vehicle storage yard, unless a permit therefor has been granted by the city council. Application for such permit shall be made to the city planning commission on forms provided by the city manager. Each application shall be accompanied by a sketch of the proposed buildings and/or improvements to be used in connection with the desired use.

(Prior code § 4138)

Upon receipt of the application in proper form, the city manager shall set a public hearing before the commission. Prior to such hearing, the city manager shall give notice at least seven days prior to the hearing in a newspaper of general circulation published in the city of Carpinteria, and by mailing postcards to the owners of all property shown on the latest available assessment roll within three hundred feet of the exterior boundaries of the parcel or contiguous parcels under one ownership upon which the proposed junkyard, dump, auto wrecking yard or nonoperative motor vehicle storage yard is intended to be placed.

(Prior code § 4139)

If, after holding the hearing provided for in Section 5.36.030, the city planning commission finds that the application can be granted without present or future detriment or injury to the neighborhood, it shall recommend approval thereof, and transmit the same together with its reasons for approval to the city council. If such commission recommends disapproval of any application, it shall similarly transmit the same together with a statement of its reasons for disapproval to the city council.

(Prior code § 4140)

The city council shall either issue or deny a permit within thirty days after the date of hearing before the planning commission.

(Prior code § 4141)

It is unlawful to carry on, maintain, conduct or use land for a junkyard, dump, auto wrecking yard or nonoperative motor vehicle storage yard unless the following regulations are complied with:

A. Such junkyard, dump, auto wrecking yard or nonoperative motor vehicle storage yard, shall be carried on, maintained or conducted within an enclosed building or buildings, or on premises enclosed by a solid fence or a wall at least six feet in height.

B. Such fence or wall shall be substantial and shall be maintained in a safe condition and shall be painted in a solid color unless the fence or wall is constructed of masonry or rustproof metals.

C. Gates to access to the premises shall swing inwardly and such gates shall be kept closed when the premises are not open.

D. No junk, scrap materials, refuse, ashes, garbage, offal, dead animals, nonoperative motor vehicles, or other similar materials or secondhand articles shall be piled or permitted to be piled in excess of the height of the enclosed fence or wall or nearer than two feet thereto.

E. All gasoline, oil or other inflammable liquid and all gas shall be drained and removed from any unregistered motor vehicle or other junk or secondhand article located in such building, buildings or premises.

F. The material located in or on the premises shall be arranged so that reasonable inspection or access to all parts of the premises can be had at any time by the proper fire, health, police and building authorities.

(Prior code § 4143)

A permit under this chapter may be granted upon condition or limitation, or for a limited period of time and the city council may require a surety bond in an amount fixed by the council to insure compliance with the conditions and limitations including any limitation of time upon which such bond is granted. Every such bond shall be a penalty bond in a form satisfactory to the council and shall be payable to the city and conditioned upon compliance with all state laws, city ordinances, and the conditions and limitations upon which such permit is granted.

(Prior code § 4145)

All junkyards, dumps, auto wrecking yards and nonoperative motor vehicle storage yards established on the effective date of this chapter shall be permitted to continue in existence without the obtaining of a permit therefor. Provided, however, that all such existing junkyards, dumps, auto wrecking yards and nonoperative motor vehicle storage yards comply with the regulations contained in Section 5.36.060 of this chapter, not later than six months from the effective date of this chapter.

(Prior code § 4144)

No permit shall be issued for an area where such use would be in violation of any chapter of this code or ordinance of the city.

(Prior code § 4142)

This chapter and any permit granted pursuant to this chapter shall not be construed to relieve the permittee or any other parties from compliance with applicable zoning ordinances of this city and any other applicable provisions of city or state laws.

(Prior code § 4146)