Los Banos Municipal Code Ch. 14 Junk Yards

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Junk"

shall mean any and all secondhand and used machinery and scrap iron, including automobiles, tools, implements or parts or portions thereof and any and all secondhand or used furniture or other personal property or parts or portions thereof, other than livestock.

"Junk yard"

shall mean and include any yard, plot, space, enclosure, building, or any other place where junk is collected, stored, gathered together, or kept.

(§§ 1 and 2, Ord. 211, as amended by § 16, Ord. 1161, eff. February 17, 2018)

It is unlawful for any person to carry on, operate, maintain, or conduct a junk yard in the City unless such business is carried on, operated, maintained, or conducted entirely inside an enclosed building or unless the premises on which such business is carried on, operated, maintained, or conducted are entirely enclosed by a solid fence or wall at least six (6′) feet in height, constructed in a solid and substantial manner of first-class material and approved workmanship. Such fence or wall shall be maintained in a neat, substantial, and safe condition. Gates for access to such premises shall swing inwardly, and such gates shall be kept closed when the premises are not open for business.

(§ 4, Ord. 211, as amended by § 16, Ord. 1161, eff. February 17, 2018)

No junk shall be piled or be permitted to be piled in excess of the height of the fence or wall enclosing any junk yard.

(§ 4, Ord. 211, as amended by § 16, Ord. 1161, eff. February 17, 2018)

All gas, oil, or other inflammable liquid shall be drained or removed from any unregistered motor vehicle located on the premises of any junk yard.

(§ 4, Ord. 211, as amended by § 16, Ord. 1161, eff. February 17, 2018)

The premises of any junk yard shall be so arranged that reasonable inspections or access to all parts of the premises can be made at any time by the proper fire, health, police, and building authorities.

(§ 4, Ord. 211, as amended by § 16, Ord. 1161, eff. February 17, 2018)

The provisions of this chapter shall not apply to the following:

(a) Secondhand furniture merchants;

(b) Secondhand car dealers or merchants in connection with automobiles and motor vehicle sales agencies but not carried on and conducted in conjunction with a junk yard; and

(c) Persons engaged in the business of selling new automobiles, tires, batteries, or other equipment taking in part payment used articles of the same kind and thereafter selling or disposing of the same.

(§ 3, Ord. 211, as amended by § 16, Ord. 1161, eff. February 17, 2018)

It is unlawful for any person to violate any provision or to fail to comply with any requirement of this chapter. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 5, Ord. 211, as amended by § 16, Ord. 1161, eff. February 17, 2018)