[HISTORY: Adopted by the Mayor and Council of the City of Monroe as Chapter 868 of the 1995 Codified Ordinances of Monroe. Amendments noted where applicable.]
General penalty — See § 1-27.
Licensing in general — See Ch. 415.
Secondhand dealers — See MCLA § 445.401 et seq.
Junkyards — See MCLA § 445.451 et seq.
[Amended 7-3-1972 by Ord. No. 72-014]
No person shall engage in the business of scrap processor for the purchase or sale of what is commonly called scrap, such as rags, paper, bags, bagging, iron, brass, copper, tin, zinc, aluminum or discarded metal, bottles, dismantled automobiles or other articles, whether manufactured or in the process of manufacture, or raw material, whether old or new, without first obtaining a license therefor as provided herein.
[Amended 8-12-1996 by Ord. No. 96-018]
Applications for licenses shall be in writing and filed with the Clerk/Treasurer.
All applications shall be referred to the Chief of Police for investigation to determine the following facts:
Every application and report of the Chief of Police shall be referred to the Council for consideration.
If the applicant has been found to be of good repute, has not been convicted of a crime, has not violated any of the provisions of this chapter more than once and is a resident of the City, he or she may be favorably considered by the Council for the issuance of a license.
Upon approval by the Council, the Clerk/Treasurer shall notify the applicant of the same and that the following requirements shall be met:
A license application fee, as determined by the Clerk/Treasurer and approved by the Mayor and City Council by resolution, shall be paid; and
A bond in an amount determined to be satisfactory by the Director of Finance, in consultation with the Clerk/Treasurer, and approved by the Mayor and City Council by resolution, in favor of the City for faithful performance shall be filed.
Upon the payment of the license application fee and the filing of the bond, the Mayor shall issue a license.
A licensee shall not change the location of his or her business without the approval of the Council.
[Amended 6-30-1980 by Ord. No. 80-011]
No licensee hereunder shall receive in the course of his or her business any article by way of a pledge or pawn, nor shall he or she loan or advance any sum of money on the security of any article or thing.
[Amended 5-15-2017 by Ord. No. 17-005]
Every licensee shall, on demand, exhibit all goods bought or received by him or her and give the name, residence and description of the person from whom such goods were purchased or received to the Chief of Police or his designee. The report must be submitted through electronic means in a format such that the data is capable of direct entry into the Monroe Police Department’s computerized system, as approved by the Chief of Police, or his designee. A transaction report by electronic transmission under this subsection shall not be reported on paper forms, unless the Chief of Police, or his designee, so requires. All scrap processors must have the equipment capable of transmitting transaction reports to the Monroe Police Department installed in their place of business no later than August 1, 2017. Information must be reported electronically beginning August 1, 2017.
The licensee shall keep a record or book written in ink in the English language containing the name, residence and description of all persons from whom purchases are made.
All articles purchased or received in exchange by any person licensed under the provisions of § 564-1 shall be retained by him or her for at least 15 days before disposing of them in an accessible place in the building where such articles are purchased and received.
This section shall not apply to old rags, wastepapers and household goods.
Nothing herein contained shall make it necessary for the licensee to retain articles purchased from anyone having a fixed place of business after a record shall have been made of the purchase of the article.
No licensee under this chapter shall purchase, receive or hold any iron, brass, copper, tin, zinc, aluminum or other metal products, or any article composed wholly or in part of any metal, without obtaining a written statement in the English language containing a correct description thereof, signed by the party from whom the same is purchased or received and setting forth the time when such articles were received by such person and from whom, and declaring that they were not obtained unlawfully or by theft.
All such statements shall be preserved for at least one year.
The burden of proving ownership and the right of transfer of any such articles mentioned in this section shall be assumed and maintained by the licensee under this chapter.
No licensee shall purchase or receive by sale, barter, exchange or otherwise any article of scrap enumerated in § 564-1 from: