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Home My WebLink About3876-07/06/1992IOWA: ORDINANCE NO. 3876 AN ORDINANCE REPEALING CHAPTER 21, ARTICLE II, JUNK DEALERS, AND ARTICLE III, JUNKED VEHICLES, OF THE 1988 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, AND ENACTING IN LIEU THEREOF A NEW CHAPTER 21, RECYCLING YARDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, That Chapter 21, Article II, Junk Dealers, and Article III, Junked Vehicles, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that a new Chapter 21, Recycling Yards, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, is hereby enacted in lieu thereof as follows: Chapter 21 RECYCLING YARDS. Sec. 21-16. Definition. A recycling yard is defined as any place where materials that would otherwise be considered waste, are collected, separated, or processed to be used as raw materials. Materials would include, but not be limited to: scrap iron or other metals, motor vehicles not in running condition and not being restored to running condition, parts of vehicles, plastic bottles or containers, rags, paper, cardboard, glass and tires. Sec. 21-17. License and Bond. No person shall carry on or engage in the business of a recycling yard in the city without first procuring a license therefor, and paying a non-refundable license fee of fifty dollars ($50.00) by May 1 of each calendar year. Any person conducting several or separate places of business shall obtain a license required by this article and pay the license fee therefor, and give a bond for each location. A bond shall be filed with the Clerk/Auditor in the penal sum of one thousand dollars ($1,000.00), conditioned that the applicant will comply with and observe the terms and conditions of all provisions of this Code and other city ordinances relating to said business, and that the applicant will pay all costs, fines and penalties incurred on account of failure to observe such laws. Sec. 21-18. Licensing Procedure. (a) Each person desiring to engage in the business of a recycling yard shall make written application to the Clerk/Auditor, on forms furnished by the Clerk/Auditor, which shall contain the following information: 1. Name and address of applicant. 2. Business name and business address. 3. Legal description of business premises. 4. Brief description of operation. Upon receipt of the completed application, bond and fee, the Clerk/Auditor shall notify the following departments of said application and contents: city health inspector (or designee), Planning, Programming and Zoning Department, and Fire Department. Said departments are responsible for inspection of the described premises in accordance with all city ordinances. Each department shall inform the Clerk/Auditor of their decision to approve or disapprove the application based upon compliance with city ordinances. The city council shall then act upon the application and either approve or disapprove it. Upon city council approval, the Clerk/Auditor shall issue a one-year license accordingly. In the case of disapproval, the council shall state the reasons for denial. E07K t.$02 PAGE 291 Ordinance No. 3876 Page 2 (b) Said licenses shall be issued for a one (1) year term and shall expire on the last day of April. Recycling yards, whether new or renewals, are subject to the same application and inspection procedures. (c) Licenses are not transferable. Refunds shall not be granted for unused portions of the year. (d) A license may be revoked by the city council, after required notice, for failure to comply with any or all city ordinances relating to the operation or maintenance of a recycling yard. Sec. 21-19. Standards of Operation. (a) In addition to the requirements of Ordinance No. 2479, as amended, City Zoning Ordinance, each applicant is subject to the following: 1. No fires, other than those fully contained and used for heating purposes only, shall be permitted upon the premises licensed pursuant to this section, and no rubbish or other materials shall be burned except in an approved type incinerator. 2. The applicant shall maintain the licensed area in a sanitary manner as is reasonable and consistent with such an operation and shall not allow any condition to exist which institutes a health or safety hazard to surrounding property or persons. (b) Nothing in this ordinance shall prohibit a police officer from entering the premises for the purpose of discovering stolen property. (c) A recycling operation shall not sell, melt, break-up or otherwise dispose of any article which he has reason to believe has been stolen, or which is adversely claimed by any person, or which he has been notified not to sell or otherwise dispose of by the Sheriff or Police Department. Sec. 21-20. Revocation of License; Grounds. Any license issued pursuant to this article may be revoked by the council at any time on any failure on the part of the licensee to abide by the provisions of this article, and may be revoked whenever the operation or maintenance of any recycling yard by the license constitutes a nuisance. Sec. 21-21. Employees of Recycling Yards Comply With Article: Exception: Liability of Recycling Yard for Employee's Acts. Each clerk, agent or employee of any recycling yard shall be subject to and bound by all the provisions of this article and shall be liable to the same penalties, and to the same extent as his employer or principal for any violations of the article, except that such clerks, agents or employees shall not be required to pay the license fee or procure the license required by this article. The employer of a clerk, agent or employee shall be liable for the acts of his clerk, agent or employee. Sec. 21-22. Authority of Peace Officers to Examine Premises; Unlawful Disposal of Property. (a) No recycling yard shall refuse, resist or attempt to prevent any sheriff or police officer from making examination of the premises occupied by the recycling yard for the purpose of discovering stolen property. BOOK 302 PAGE29.. Ordinance No. 3876 Page 3 (b) No recycling yard shall sell, melt up, break-up, or otherwise dispose of any article which is adversely claimed by any person, or which he has been notified not to sell or otherwise dispose of by any sheriff or police officer. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: June 22, 1992 June 22, 1992 July 6, 1992 July 6, 1992 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 6th day of July, 1992, and approved by the Mayor on the 8th day of July, 1992. ATTEST: a Albert C. Manning, Jr., Mayor Larry ger, Cit Clerk/Auditor CERTIFICATE I, Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 3876, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 6th day of July, 1992. Witness my hand and seal of office this 8th day of July, 1992. fv Misc INDEX MARG N PROOF C O M P AR R E C RACK HAWK COUNTY, IOWA:SS Filed for record July 29 19 92 at 11:15 A M, and recorded in ger, City -rk/Auditor 1872 Misc Book 302 Page 291 • Recorder Deputy Fee 15.00/ CITY OF WATERLOO CLERK/AUDITOR BODic 302 PAGE 293 FORM 1 STATE OF IOWA,} SS Black Hawk County, aaU) puett.►vd 04 eueluvy\ �ru1 Suol sn{i xool I :ouea Ian aof, pagsiug I •r13d„ •u i l lS ,W]n ,c115.1 -MRA `Tins Doom SS. fTW'irrir! sae�}eaosuei ae�snq�p 0601103 "env (vis NOdf10O •SH3dd0 Fi3Hl0 3191H HO s! W311 3N t!7 NOdf103 i uo ,ice pa pue allieas Ni '0201 sett pue mou 1 ssauams alp feap i,uop I, nJaDr,1i 211g,. -moo atl uo (0oqjyt �I n �itc• •n t7 I do solemnly swear that the annexed copy of Legal Waterloo, City of Ordinance #3876 notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 22 day of July 19 92 in the issue of July 22, 1992 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Sg„-zc/ rinteils Bill $ Signed Subscribed and sworn to before me this' /r1.61 day of �✓ a �j A. D., 19 i " Notary Public Received of the sum of Dollars in full for publication of the above notice.