5.20.190 Motor vehicle wrecker businesses.
A. Definitions.
1. “Established place of business” means a building or enclosure which any motor vehicle wrecker occupies either continuously or at regular periods for the purpose of wrecking vehicles and where their books and records are kept and business is transacted.
2. “Motor vehicle wrecker” means every person, firm, partnership, association or corporation engaged in the business of buying, selling or dealing in vehicles of a type required to be licensed under the laws of the state, for the purpose of wrecking, dismantling, disassembling or essentially changing the form of any motor vehicle.
3. “Motor vehicle wrecking yard” means an area outside of an enclosed building where motor vehicles are disassembled, dismantled or junked or where vehicles not in operable condition or used parts of motor vehicles are stored.
B. License Application – Qualifications – Requirements to Apply – Permit – Issuance Prohibited Where Zoning Change Pending. No more vehicle wrecker’s permits shall be issued under the provisions of this chapter when a petition to zone or rezone an area pursuant to the Auburn zoning code has been filed and where the contemplated use of the property as a motor vehicle wrecking yard would be nonconforming to the proposed zoning uses.
C. License Regulations.
1. Permit – Cancellation for Nonuse. The motor vehicle wrecker’s permit to operate a motor vehicle wrecking yard at the location noted in the application for the permit will become void and automatically cancelled unless the party commences use of the property listed on the application as an active operating motor vehicle wrecking yard within 180 days from the date of application.
2. Operation Regulations. Every motor vehicle wrecker issued a permit to engage in the business of motor vehicle wrecking within the city limits shall conduct such business in accordance with the following requirements:
a. All wrecking, dismantling, disassembling or work substantially changing the form of any motor vehicle or trailer, including the burning thereof, and all storage of vehicles or part of vehicles, wrecked or to be wrecked, shall be conducted entirely inside a building or buildings or on premises entirely enclosed by a solid fence, wall or hedge at least eight feet in height. Such fence or wall or hedge shall at all times be maintained in good repair and in a neat, substantial and safe condition.
b. All gasoline or other inflammable liquid shall be drained and removed from any motor vehicle within such building or buildings or fenced enclosure before such vehicle is wrecked, dismantled, disassembled, burned or substantially changed in form.
c. All vehicles, chassis, parts and accessories acquired by any motor vehicle wrecker shall be confined within the building or buildings or the fenced enclosure at such motor vehicle wrecker’s established place of business.
d. Display of all vehicles, chassis, parts and accessories by any motor vehicle wrecker shall be confined within the building or buildings or the fenced enclosure at the established place of business of such motor vehicle wrecker.
3. Permit – Rights Vest on Issuance. The right to construct and operate a wrecking yard in accordance with a motor vehicle wrecker’s permit vests on the date that the party applies for their motor vehicle wrecker’s permit if the permit is issued and is consistent with the zoning ordinances, building regulations and provisions of this chapter in force at the time of the application for the permit.
4. Burning Restrictions. No junk or other material shall be burned on the premises in any incinerator not meeting the requirements of the building code of the city. No junk, wrecked vehicles or other material shall be burned on the premises except in accordance with the provisions of the fire prevention code of the city which governs burning with open fires. All burning must also meet the requirements of the State Environmental Protection Act and all other applicable federal and state statutes.
5. Records. Records shall be kept of all vehicles that are destroyed or dismantled in accordance with applicable state and federal regulations. (Ord. 4012 § 2, 1984.)