For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public streets and to preserve and enhance the scenic beauty of property bordering public streets, it is hereby declared to be in the public interest, and necessary and appropriate to regulate and restrict the establishment, operation and maintenance of junkyards in areas adjacent to streets and roads or alleys within the City.
(Code 1982; K.S.A. 50-619 et seq.; K.S.A. 68-2201 et seq.)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Automobile graveyard- means any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, dismantled or inoperative motor vehicles or motor vehicle parts.
Junk- means old or scrap copper, brass, rope, rags, batteries, paper and rubber; trash, debris and waste; junked, dismantled or wrecked automobiles or parts thereof; and iron, steel and other old or scrap ferrous or nonferrous material.
Junkyard- means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard.
(Code 1982; K.S.A. 68-2203)
No person, firm or corporation shall establish, operate or maintain a junkyard, except those which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the street, road or alley, or those which are otherwise removed from sight and are located within areas which are zoned for heavy industrial use (I-2) under authority of the City Zoning Ordinances, and those which are not visible from the main traveled way of the street, road or alley.
(Code 1982; Code 2015)
The City Manager or his designated representative shall have the authority to approve the setback, location, planting, construction and maintenance of the junkyard, including the materials used in screening or fencing as required by this article and the Zoning Ordinance.
All junkyards in existence and visible from the main traveled way of any street, road or alley shall be screened.
(Code 1982; K.S.A. 68-2207)
Any junkyard which is not made to conform to the article by the owner or operator thereof is declared to be a public and private nuisance and may be removed, obliterated or abated by the Governing Body of the City of Ottawa or its representative. Notice by certified mail shall be given said owner or operator at least thirty (30) days before any such removal, obliteration or abatement; provided, that if the whereabouts of said owner or operator is unknown, such notice shall be posted in a conspicuous place at such junkyard at least sixty (60) days before such removal, obliteration or abatement. The Governing Body of the City of Ottawa may collect the cost of such removal, obliteration or abatement from the person owning or operating such junkyard and may collect same by special assessment.
(Code 1982; K.S.A. 68-2209.; see also Ch. 10)
Nothing in this article shall be construed to abrogate or affect the provisions of any other ordinance, regulation or resolution which may be more restrictive than the provisions of this article.
Any person who shall violate any provisions of this article shall be guilty of a Class B misdemeanor.