City of Enid v. Ramer

1976 OK CIV APP 51, 556 P.2d 646, 1976 Okla. Civ. App. LEXIS 151
CourtCourt of Criminal Appeals of Oklahoma
DecidedOctober 5, 1976
DocketNo. 47398
StatusPublished

This text of 1976 OK CIV APP 51 (City of Enid v. Ramer) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Enid v. Ramer, 1976 OK CIV APP 51, 556 P.2d 646, 1976 Okla. Civ. App. LEXIS 151 (Okla. Ct. App. 1976).

Opinion

BOX, Judge:

An appeal by Sam Ramer from a Summary Judgment enjoining defendant from operating a salvage yard within the City of Eni<i without a license.

Plaintiff City of Enid filed its petition alleging that defendant was engaged in a salvage yard operation without a license as required by Revised Ordinances 8-221, 8-222 and 8-223. City prayed for an injunction against defendant.

Defendant filed a general denial. Thereafter defendant’s deposition was taken and filed wherein he admitted he did not then have a salvage yard license and was maintaining a salvage yard operation in the City of Enid.

Plaintiff filed a Motion for Summary Judgment. After the hearing on the motion, the court entered its order finding that it was stipulated that the “Defendant, Sam Ramer, was licensed for a long period of time under a prior City ordinance of Enid, Oklahoma, but he never obtained a license under either of the new ordinances, on this subject because he had not met the restrictions.” This order further recited that the defendant contended that the new ordinance was unconstitutional as to the defendant, but not as to future applicants. Thereafter both sides filed written briefs, the court sustained plaintiff’s motion, and enjoined defendant from operating a salvage yard within the City of Enid without first obtaining a Salvage Yard License as required by the ordinances.

Defendant (appellant) appeals contending as follows:

“I. That the Statutes (City Ordinances) are to be construed as having a prospective operation unless the purpose and the intention of the Legislative (City Council) body to give them a retrospective effect is expressly declared or is necessarily implied from the language.
“II. That the Municipality’s Power to interfere through zoning regulations with general rights of landowner is not unlimited, and restrictions on character of use of property cannot be imposed if it does not bear substantial relation to public health, safety, morals or general welfare.”

The revised ordinances, reproduced and made a part of this opinion, read as follows :

OCCUPATIONS, LICENSES AND REGULATIONS

CHAPTER 20. SALVAGE YARDS

8-221 Definitions

8-222 Regulations

8-223 License and Bond

8-221. DEFINITIONS. As used in the Ordinance, the terms shall have the meaning hereafter ascribed to them as follows:

1.1. Salvage Yard. Salvage yard shall mean any yard, premises, or tract of land in or upon which salvage is stored or maintained, for business or commercial use or in connection therewith.

1.2. Salvage. Salvage shall mean any non-operating motor vehicle or part thereof.

1.3. Non-operating Vehicle. A non-operating vehicle shall mean any vehicle that the certificate of title to which has been cancelled, or which has been wholly or partially dismanteled or is kept for the purpose of dismantling or selling or wrecking or using parts therefrom, or which is in such a condition that it will not operate and is not intended to be made operational as a motor vehicle.

8-222. REGULATIONS. No person, firm or corporation shall carry on, operate, own, maintain or conduct a salvage yard as herein defined unless the same is done in compliance with the following regulations :

2.1. Such establishment shall be carried on, maintained or conducted entirely inside [648]*648an enclosed building or buildings, or upon premises fenced with a fence that is at least 6 feet high of solid wood or masonry-construction on the following sides or portions thereof:

(a) Any side which adjoins or butts a street or property zoned for residential use. Property separated from the salvage yard by only a street, alley, easement or public way, shall be considered as abutting or adjoining said salvage yard.
(b) Any side to which there is an unrestricted view from a street.
(c) That portion of a side not abutting or adjoining a street which is within 30 feet of any street, or property line abutting the street.

2.2. Fences and walls shall be maintained in a neat, substantial, safe condition, without advertising thereon.

2.3. The density of motor vehicles on the salvage yard shall not exceed 1 vehicle for each 200 square feet of land or floor area. Provided, however, the owner of any salvage yard which has a greater density of vehicles thereon upon the effective date of this ordinance shall not be required to move the same but shall not be permitted, however, to place any more vehicles thereon until such time as it can be done without exceeding said density of one vehicle per each 200 square feet.

2.4. The salvage located in or on said premises shall be so arranged that reasonable inspection or access on all parts of the premises can be had at any time by the proper fire, health, police and building officials.

2.5. Weeds and rank vegetation shall not be permitted on said premises.

2.6. There shall be provided a sales or office building on the property to be used in conjunction with the salvage operation.

2.7. A receiving area for automobiles prior to storing shall be maintained in a minimum size of 1800 square feet per acre of salvage yard.

2.8. Fire road shall be provided in a minimum width of 20 feet.

2.9. There shall be filed with and approved by the City a salvage yard layout plan showing:

(a) location and size of area involved;
(b) all improvements of surrounding property lying within 300 feet of the proposed salvage yard;
(c) location and type of fence;
(d) location of storing area and sales office;
(e) location of curb cuts on property;
(f) general layouts of access or fire roads within the salvage yard.

(Amended Ordinance # 73-13, Effective Date July 1, 1973.)

8-223. LICENSE AND BOND. No person shall operate or maintain a salvage yard in the City of Enid without first obtaining a license therefore. The license shall be issued upon payment of a fee of $10.00 per year and upon proper application being made showing compliance with this ordinance and the zoning ordinances of the City (Amended Ordinance #72-39, effective November, 1972.)

Appellant sets out in his brief a number of decisions of the Supreme Court holding as in the case of Mid-Continent Casualty Co. v. P & H Supply, Inc., Okl., 490 P.2d 1358,

“Syllabus by the Court
“Statutes are to be construed as having a prospective operation unless the purpose and intention of the Legislature to give them a retrospective effect is expressly declared or is necessarily implied from the language.”

With this rule of law this Court agrees; but from a reading of the ordinances, supra, same apply only to acts occurring after its enactment. Thus appellant’s contention in this regard is without merit.

[649]*649Appellant contended in his brief in part as follows:

“With respect to Appellants Contention No.

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Bluebook (online)
1976 OK CIV APP 51, 556 P.2d 646, 1976 Okla. Civ. App. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-enid-v-ramer-oklacrimapp-1976.