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§ 9-612. Fences Around Automobile Wrecking Yards And Junk Yards And Buildings.

(1) Definitions. In this Section the following definitions shall apply:

(a) Automobile Wrecking Yard. Same as defined in Chapter 5-300 of the Fire Code.

(b) Junk Yards and Buildings. Same as defined in Chapter 5-2000 of the Fire Code.

(2) Prohibited Conduct. No person shall own, lease to another or rent from another or otherwise possess or operate any premises for an automobile wrecking yard or junk yard and building unless the premises are either:

(a) fenced with durable material around the perimeter of those premises to the extent necessary to obscure from the view of any person using an abutting street the activity conducted on and any material upon those premises; or

(b) if fencing is impractical in the opinion of the Department of Licenses and Inspections trees and shrubs may be planted in a terrace-type manner if the Department finds that the premises will be obscured from view by any persons using an abutting street.

(3) Permits. No fence shall be erected, maintained, altered or restored unless application for approval is made to the Department of Licenses and Inspections on forms supplied by the Department. Upon approval by the Department and the payment of a permit fee of ten (10) dollars, a permit will be issued. No approval shall be given to any fence which is not a masonry or aluminum fence.

(4) Penalties. Any person violating this Section shall, upon conviction, be subject to a fine of not more than three hundred (300) dollars.

(5) Repeat Offenders. Any person who commits, on more than one occasion, a violation of this Section shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.

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