ORDINANCE NO. 2026-5
AN ORDINANCE REGULATING THE OPERATION OF JUNK YARDS, SALVAGE YARDS, SCRAP METAL DEALERS, AND JUNK DEALERS WITHIN THE CITY OF PROTECTION, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PROTECTION, KANSAS:
SECTION 1. FINDINGS: The unregulated operation of junk and/or salvage yards and scrap metal dealers within the City creates a “Blighting Influence” on the community and conditions which are dangerous or injurious to the health, safety and welfare of the residents of the municipality or which have an adverse impact on properties in the area.
SECTION 2. DEFINITIONS: The words and phrases listed below when used in this Article shall have the following meanings:
A. Premises – any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.
B. Open air premises- shall mean any lot, plot or parcel of land or the portion of any lot, plot or parcel of land not within a fully enclosed building that is constructed or erected requiring location on the ground or is attached to something having a location on the ground.
C. Commercial purpose – means any activity done with the intent to advance economic interests, generate profit, receive financial benefit, or conduct trade.
D. Junk and/or salvage yard – shall mean any open air premises where upon used, defective, broken, inoperable, or discarded motor vehicles, machinery, equipment, supplies, appliances, furniture, fixtures or parts thereof, or any other used, defective, broken, inoperable, or discarded articles are collected, stored, dismantled, processed, or purchased for recycling, resale, reclamation, or any other commercial purpose.
E. Scrap metal dealer – any person, business, or entity that buys, sells, collects, dismantles, processes, or stores used, defective, broken, inoperable, or discarded metal, metal parts, or other metal articles for recycling, resale, reclamation, or any other commercial purpose.
F. Junk dealer – any person, business, or entity that buys, sells, collects, dismantles, processes, or stores defective, broken, inoperable, or discarded motor vehicles, machinery, equipment, supplies, appliances, furniture, fixtures or parts thereof, or any other defective, broken, inoperable, or discarded articles for recycling, resale, reclamation, or any other commercial purpose.
SECTION 3. PROHIBITION: It is unlawful for any person(s) to cause, permit, create, operate, or maintain a junk and/or salvage yard or to operate as or conduct business as a scrap metal dealer or junk dealer within the City of Protection, Kansas.
SECTION 4. EXCEPTIONS: The prohibition set forth in Section 3 shall not apply to the following:
A. State licensed, bonded, and insured business enterprises in compliance with existing zoning regulations and all applicable federal, state, and local laws and regulations.
B. Business enterprises engaged in the selling of gently used and functional articles of personal property in compliance with existing zoning regulations and all applicable federal, state, and local laws and regulations, such as: thrift stores, consignment stores, implement dealerships, and used car dealerships.
C. The occasional selling of used items of personal property not originally procured for resale, such as: garage/yard sales, estate sales, or private automobile sales.
SECTION 5. PENALTY: Upon conviction of a violation of this Ordinance, such person or entity shall be fined in an amount not to exceed $500 or be incarcerated not to exceed 30 days or be both fined and incarcerated. Each day during or upon which a violation continues shall constitute an additional or separate offense.
Section 6. Savings Clause. If any section, sentence, clause or phrase of this ordinance is invalid or unconstitutional, the remaining portions of this ordinance shall remain valid and forcible existence.
Section 7. REPEAL OF CONFLICTING ORDINANCES. Ordinance No. 2025-2 is hereby repealed, and all ordinances or parts of ordinances enacted prior to this ordinance in conflict with this ordinance are hereby repealed.
Section 8. Effective Date. This ordinance shall take effect and be in full force and effect from and after its passage, approval and publication once in the official City newspaper.
Passed, approved and adopted by the Governing Body of the City of Protection, Kansas, this 14day of October, 2026.
/s/______________________________________
Chris Brosius, Mayor
Attest
/s/_____________________________________
Jennifer Monroe, City Clerk
