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Legislation #: 030295 Introduction Date: 3/6/2003
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER MCFADDEN-WEAVER AND COUNCILMEMBER NASH
Title: Amending Chapter 54, Code of Ordinances, by repealing Sections 54-101, Purpose, 54-102, Definitions, 54-104, Application for permit, 54-109, Inspections, when required, 54-116, Operation of salvage yard, 54-117, Violations, 54-118, Property owner responsibility, and 54-119, Penalty, and enacting in lieu thereof new sections of like numbers and subject matters relating to salvage yards.

Legislation History
DateMinutesDescription
3/6/2003

Waive Charter Requirements City Council

3/6/2003

Referred Neighborhood Development Committee

3/19/2003

Hold On Agenda

3/26/2003

Hold On Agenda

4/2/2003

Hold On Agenda

4/16/2003

Hold On Agenda

5/7/2003

Hold On Agenda

1/14/2004

Hold Off Agenda

7/14/2004 Hold Off Agenda
2/9/2005 Hold Off Agenda
7/13/2005 Release
7/14/2005 Released

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ORDINANCE NO. 030295

 

Amending Chapter 54, Code of Ordinances, by repealing Sections 54-101, Purpose, 54-102, Definitions, 54-104, Application for permit, 54-109, Inspections, when required, 54-116, Operation of salvage yard, 54-117, Violations, 54-118, Property owner responsibility, and 54-119, Penalty, and enacting in lieu thereof new sections of like numbers and subject matters relating to salvage yards.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 54, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 54-101, Purpose, 54-102, Definitions, 54-104, Application for permit, 54-109, Inspections, when required, 54-116, Operation of salvage yard, 54-117, Violations, 54-118, Property owner responsibility, and 54-119, Penalty, and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

Sec. 54-101. Purpose.

The purpose of this article is to provide for appropriate and reasonable regulation of salvage yards and properties with salvage yard operations in light of the potential detrimental effects of the improper operation of such yards by creating fire hazards, health hazards, life safety hazards and general deterioration of property values.

Sec. 54-102. Definitions.

As used herein, the following words shall have the definitions as provided:

Director. Director shall mean the director of the fire department or authorized representative.

Dwelling. A building or portion thereof designed exclusively for residential occupancy, but not including hotels or motels.

Fence. A solid barrier enclosing land and buildings which barrier shall be constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof, provided that any chain link fence shall be constructed of galvanized chain link fencing with wood or metal slats or strips running through all links of the chain link fence.

Front clip. The two front fenders, hood, grill and front bumper of an automobile assembled as one unit.

Junk vehicle. A motor vehicle, aircraft, boat, farming implement, industrial equipment, trailer or any other convenience used on the highways and roadways which has no use or resale value except as scrap.

Person. Any individual, estate, firm, corporation, association, partnership, cooperative or governmental agency.

 

Rear clip. Those body parts from the rear edge of the doors, back, including both rear quarter panels, the rear window, trunk lid, trunk floor panel and rear bumper, assembled as one unit.

Residential zoning. Any land zoned district R-1, RA, R-2, R-3, R-4, R-5, GP-6, GP-5, GP-4, GPR-1 and GPR-2.

 


Salvageable material. Substantial amounts or accumulations of the remnants, pieces or waste of wood products, construction materials, vehicles, appliances, metal scraps or manufactured goods that have no use or resale value other than their value as remnants, pieces or waste.

 

Salvage vehicle. A motor vehicle, aircraft, boat, farming implement, industrial equipment, trailer or any other convenience used on the highways which, by reason of condition or circumstance, has been declared salvage, either by its owner, or by a person, firm, corporation or other legal entity exercising the right of security interest in such vehicle, or by an insurance company as a result of settlement of a claim for loss due to damage or theft and which has no use or resale value except as a source of salvage parts; or a vehicle, ownership of which is evidenced by salvage title.

Salvage yard. A place or operation that either:

 

(1) Stores salvage vehicles or junk vehicles or salvageable material or,

 

(2) Dismantles salvage vehicles or junk vehicles for the sale of parts or,

 

(3) Buys and sells used motor vehicle parts and accessories or stores used motor vehicle parts and accessories.

 

Sec. 54-104. Application for permit.

Application for a permit or the renewal of a permit shall be in writing and shall be accompanied by a fee which includes the actual cost of routine inspections. This permit fee shall be in addition to permit fees required by other ordinances. The application shall contain the following information:

(1) The full name and place of residence of the applicant. If the applicant is a partnership, the full name and place of residence of each general partner shall be listed. If the general partner of a limited partnership is a corporation, then that corporation shall list the full name, position and place of residence of each officer and director of that corporation. If the applicant is a corporation, the full name, position, and place of residence of each officer or director shall be provided. If the applicant is doing business under a fictitious name, both legal and fictitious names shall be listed on the application;

(2) The street address and legal description where such business is to occur;

 

(3) The hours of operation and days of the week that the business will be open;

 

(4) All improvements surrounding the property lying within 100 feet of the proposed salvage yard. A scale map of this area shall be submitted;

(5) Location and type of fence;

(6) Location of access drives and fire roads within the property;

(7) The name and address of the person to receive notices served pursuant to this article;

(8) The Missouri sales tax number and federal identification number of the business;

 

(9) Attach proof that the applicant has received a tax clearance from the finance department;

(10) Attach a copy of any necessary occupational license required by the city; and

 

(11) Such further information as may be required by the director.

 

The holder of a permit pursuant to this section shall update the permit application in writing as changes occur. Permits will be reissued to reflect approved changes.

 

Sec. 54-109. Inspections, when required.

(a) Owners, or their representatives, shall make the premises available for inspection and shall accompany inspectors during inspections. The following inspections will be made:

(1) Routine. Routine inspections shall occur annually to insure compliance with this article. There is no additional fee for a routine inspection.

 

(2) Complaint. Inspections will be performed when violations of this article are reported to the director. There is no fee for this inspection.

(3) Reinspections. Reinspections are scheduled when salvage yards fail routine or complaint inspections. Multiple reinspections may occur before compliance is reached. There is a fee of $100.00 for reinspection.

(b) Plain view inspections. An owner of property on which there is a salvage yard, or such owners representative, or a person operating or participating in the operation of a salvage yard may be issued a citation for operating a salvage yard on which there is either a substantial life safety hazard or a fire hazard if such hazard can be plainly viewed from a location that is not on the property of such salvage yard and can be plainly viewed without entering such salvage yard. Neither the owner, nor such owners representative, nor the person operating or participating in the operation of the salvage yard need be present when such hazard is plainly viewed pursuant to this subsection. There is no fee for this inspection.

Sec. 54-116. Operation of salvage yard.

 

Any salvage yard operated within the corporate boundaries of Kansas City shall be operated with a permit issued pursuant to this article and shall be located and operated in accordance with the following requirements:

 

(1) Every salvage yard shall comply with the requirements of Chapter 65, Revised Ordinances of Kansas City, Missouri and Chapter 39, Code of General Ordinances, collectively known as the Zoning Ordinance or operate pursuant to a certificate of legal nonconformance in accordance with Section 39.230 of the Zoning Ordinance.

 

(2) Every salvage yard shall be enclosed with a fence along all street frontage or public right-of-way and along any area within 100 feet of land under residential zoning or within 100 feet of any building occupied, in whole or in part, as a dwelling. Such fence shall be of a minimum height of eight feet and shall test plumb and square at all times. Gates in the fence are allowed provided such gates are of sound construction and are maintained in accordance with the requirements for a fence. Further such gates shall be closed and securely locked at all times except during the business hours and days authorized in the permit issued by the director.

 

(3) All salvage vehicles or junk vehicles, parts or other materials located in or on the land area devoted to the salvage yard, shall be arranged to allow reasonable access to and inspection of the premises by fire, health, police officials or inspectors and inspectors of the department of codes administration and the department of neighborhood and community services.

 

(4) The operator of any salvage yard shall control vegetation thereon and limit the height of any grass or other vegetation to less than 12 inches above the ground surface.

(5) Salvage and junk inventory shall be stored in areas at a maximum of 30 feet wide. This area may be increased if there is a minimum three feet radius around each vehicle stored. Inventory storage length should be no longer than 200 feet and no more than two vehicles may be stacked. Provided, however, if racks are used to store salvage and junk inventory, three vehicles may be stacked in the racks. Fire access aisles on all sides of such areas shall be a minimum of 20 feet wide. The director shall approve the salvage yard layout and may make such modifications necessary to provide for public safety.

 

(6) When a salvage vehicle or a junk vehicle is placed in the salvage yard, it shall be drained of all fluids within 24 hours except when a fluid is needed for the operation of a particular part. These fluids shall either be recycled or disposed of properly and in accordance with federal and state statutes and city ordinances. Five gallons of fuel may be kept in vehicles with engines that are operable.

 

(7) A salvage yard shall not have a substantial life safety hazard or fire hazard on the premises of such yard.

 

Sec. 54-117. Violations.

(a) It shall be unlawful to violate, fail, neglect or refuse to comply with any provisions or requirements of this article.

(b) It shall be unlawful for any person to directly or indirectly purchase any property, motor vehicle or motor vehicle part, from any person that the permittee, his or her agent or employee knows cannot rightfully or lawfully sell it.

(c) It shall be unlawful for any permittee to fail, within ten days after any change of control in ownership, or of management, to notify the director of such changes.

 

(d) It shall be unlawful for any person to operate a salvage yard without following all the requirements of this article, or to operate a salvage yard without the permit required pursuant to this article.

 

(e) It shall be unlawful for any person to purchase any motor vehicle for salvage, or any wire wheel hubcap, removable top, front clip, rear clip, engine or any part of a motor vehicle which bears an identification or serial number, without verifying the seller's identification as required by section 54-110(1).

 

(f) It shall be unlawful for any person to fail to comply with the terms of the permit application.

 

(g) When the owner or occupant of the premises on which a violation of this article has been determined to exist is a corporation, any officer of such corporation or the person in charge of the local office of such corporation shall be guilty of an ordinance violation.

(h) It shall be unlawful for any owner of property on which there is a salvage yard, or such owners representative, or any person operating or participating in the operation of a salvage yard to operate a salvage yard, either with or without a permit issued pursuant to this article, on which there is either a substantial life safety hazard or a fire hazard.

 

Sec. 54-118. Property owner responsibility.

 

The owner of the property on which a salvage yard is located, or such owners representative, or any person operating or participating in the operation of the salvage yard, shall be responsible for a violation of this article that occurs on such salvage yard.

 

Sec. 54-119. Penalty.

(a) Any person convicted of violating this article shall be punished by a fine of not less than $200.00, and not more than $500.00, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. All fines imposed shall be in accordance with the minimum fine schedule set out in this section.

 

(b) Whenever the penalty is to be a fine or a fine and imprisonment, the fine shall be no less than the minimum amount set out in the following schedule:

 

First offense . . . $200.00

 

Second offense . . . 300.00

Third and subsequent offenses. . . 500.00

(c) In determining the applicable minimum fine, an offense shall be considered a second or third and subsequent offense only if the defendant has previously pleaded or been found guilty of the same violation at any location in the city.

 

(d) Each and every day during which any violation of this article is committed or continued shall be a separate offense.

 

_____________________________________________

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney