§ 15-92. Operation of junk yards; fines.

For purposes of protecting the health and safety of the residents of the parish from undue odors, noise, air and ground pollution and other health and safety risks and for purposes of protecting the rights of property owners, the parish council adopts the following limitations for the placement and/or construction of junk yards within the parish.

(a)

Junk yards shall be permitted only where authorized and a permit issued by the parish council. The proposed use shall require a public hearing before permit issuance as well as the adequate completion of a parish environmental impact statement prior to said hearing. All local, state and federal regulations regarding environmental pollution must be complied with and an appropriate permit issued by all local, state and federal regulatory bodies. The cost of each permit issued shall be $25.00 per year, paid to the Tangipahoa Parish Council.

(b)

As part of the issuance of any permit for a junk yard within the parish, applicants for such permits shall submit to the parish council plans meeting the following criteria:

(1)

The plan of use shall not create a hazard to the health and safety of the adjacent residents, including but not limited to odor, noise, ground and air pollution;

(2)

Noise and unsightliness when present shall be screened by solid fences or walls at least ten feet high and totally and completely enclosing the property from public view. Any such fence or siding shall be painted or colored with an appropriately colored paint such as white or an earth tone (i.e. brown, forest green, etc.) and shall not be of an obnoxious or loud color. The fence is to be kept in a constant state of good repair and no sign or other advertising matter may be placed on the fence. No junk or other materials shall be piled or stacked to a height greater than ten feet and shall be less than the height of the fence or wall.

(3)

No junk yard shall be located on property within 1,000 feet of an existing residence, structure or other building adjacent property.

(4)

Minimum yard requirements:

Front building lines and fence lines shall conform to the average building lines established in the area including that of any residences in the area and adjacent properties, but in all cases, the front building line shall be set back at least 50 feet from the adjacent street line.

Side yard:

All sides of the junk yard and fence lines shall begin at least 25 feet from adjacent property lines but at least 1,000 feet from any existing residence, structure or other building on adjacent property unless the adjoining land owners specifically grant permission.

The property shall be maintained to a grass height of not more than 12 inches.

Rear yard:

The rear yard shall not be limited as to depth but must be totally surrounded by solid fences or walls of at least six feet in height.

(5)

Exits and entrances shall provide for clear sight distance and safe access to public roadways.

(6)

Major drainage channels shall be designed with sufficient culverts and rights-of-way to provide for natural water flow and maintenance of drainage.

(7)

Disposal of waste and sewerage shall meet all appropriate parish ordinances and regulations.

(8)

The applicant shall adequately complete an environmental impact statement for all proposed uses at the time of permit application.

(9)

An accurate drainage plan certified by a licensed engineer shall be required as part of the application procedure prior to the issuance of the building permit.

(c)

A person, company, corporation or other entity violating this section shall be given 48 hours notice to cure or correct the violation and cease junk yard operations. If the violation continues after 48 hours, the violator shall be subject to fines and penalties contained herein.

(d)

Failure to comply with the above requirements prior to beginning operation of a junk yard shall be punishable by a fine of $500.00 per day of violation. The parish council shall enforce all fines.

(e)

Each 24-four hour period that the violation continues shall be considered a separate violation and subject to the above fine of $500.00 per day.

(f)

The violation shall be deemed to continue until all material contained on the property being used as a junk yard has been removed from the property and a certificate of compliance with this section has been issued by the council.

(g)

The provisions of this ordinance shall apply prospectively from the date of enactment and shall not interfere with the operation of junk yards in existence, validly operating pursuant to validly issued permits and doing business as a junk yard at the time of enactment, except that existing junkyards will be required to obtain a permit within 90 days from enactment of this ordinance by paying the required $25.00 fee and each year thereafter.

(Ord. No. 99-20, 12-13-99; Ord. No. 04-29, 7-12-04)

State law reference

State law references: Louisiana Solid Waste Management and Resource Recovery Law, R.S. 30-1121 et seq.; Louisiana Resource Recovery Development Act, R.S. 30:1150.1 et seq.; Water reduction, R.S. 30:1149.61 et seq.; littering of highways and adjacent lands prohibited, R.S. 32:289; powers of parish governing authorities as to the cutting of grass and obnoxious weeds, R.S. 30:1236(21); storing or abandoning of trash, debris, junk, wrecked or used automobiles, etc., R.S. 33:1236(30); general powers of parishes and municipalities as to collection and disposal of garbage and trash, R.S. 33:4169.1; local control of abandoned automobiles, major appliances and other junk, R.S. 33:4876; Junk yards and outdoor advertising near certain highways, R.S. 48:461 et seq.