The following words shall have the following respective meanings
for the purpose of this chapter:
COLLECTOR
A person engaged in the business of collecting, receiving
or purchasing secondhand property or junk.
JUNK
Any personal property which is or may be salvaged for reuse,
resale, reduction or similar disposition, or which is possessed, transported,
owned, collected, accumulated, dismantled or assorted for any of the
aforesaid purposes. Without limiting the aforesaid definition of "junk,"
the term shall include used or salvaged iron, brass, lead, copper
and other base metal or metals, and their compounds or combinations;
used or salvaged building material, rope, bags, paper, rags, glass,
rubber, and similar articles or property; and used motor vehicles
which are used, owned or possessed for the purpose of wrecking or
salvaging parts therefrom, and motor vehicle parts thus obtained.
JUNK DEALER
Every person who engages in the business of buying, exchanging,
collecting, receiving, storing or selling any article or articles
hereinabove defined as "junk."
JUNKYARD or JUNK SHOP
Any place at which a junk dealer buys, exchanges, collects,
receives, stores, accumulates, sells, or otherwise handles junk.
PERSON
Firm, corporation or individual person.
SECONDHAND DEALER
Any person who engages in the business of buying, exchanging,
collecting, receiving, storing, or selling any property herein defined
as "secondhand property."
SECONDHAND PROPERTY
Any used household furniture, used wearing apparel, used
lumber, used brick, used tile, used plumbing fixtures, used electrical
fixtures, used articles made of precious metal or metals, used jewelry,
used tools, and used motor vehicles or parts thereof, and any other
used articles or personal property bought and sold by and from other
than the original purchaser and user.
SECONDHAND STORE
Any place at which a secondhand dealer buys, exchanges, collects,
receives, stores, or sells secondhand property.
Any person, corporation, member or members of a copartnership
or firm whose business in whole or in part is that of purchasing,
selling, exchanging or receiving secondhand articles of any kind is
hereby declared to be a secondhand dealer or junk dealer, provided
that this definition shall not apply to retail merchants who repossess
their own merchandise sold on a title-retaining contract, or chattel
mortgage basis, nor shall this definition apply to retail merchants
who take trade-ins on the sale of their own merchandise.
No person shall purchase any junk, as defined herein, between
the hours of 6:00 p.m. and 7:00 a.m. nor on any Sunday.
Such secondhand dealer or junk dealer as defined herein shall
post in a conspicuous place in or upon his shop, store, wagon, vehicle,
barn or other place of business a sign having his name and occupation
legibly inscribed thereon, and shall keep a separate book, open to
inspection by members of the Michigan State Police Force, Berrien
County Sheriff's office and other public officers, in which shall
be written, in the English language, at the time of the purchase or
exchange of such article a description thereof, the name, description,
and residence of the person from whom the same was purchased and received
and the day and hour when such purchase or exchange was made. Each
entry shall be numbered consecutively, commencing with number one.
Such articles purchased or exchanged, as provided herein, shall
be retained by the purchaser thereof for not less than eight days
before disposing of them, in an accessible place in the building,
where such articles are purchased and received. A tag shall be attached
to such article in some visible and conspicuous place with a number
written thereon to correspond with entry number in such book. Such
purchaser shall prepare and deliver on Monday of each week to the
Township Clerk of the Township of Three Oaks before 12:00 noon a legible
and correct copy, written in the English language, from such book,
containing a description of each article purchased or received during
the preceding week, the hour and day when the purchase was made and
the description of the person from whom it was purchased. Such statement
shall be verified by the affidavit of the person subscribing his name
thereto; provided, however, that this section shall not apply to iron,
steel, old rags, or wastepaper; provided, further, that nothing herein
contained shall make it necessary for the purchaser to retain articles
purchased from individuals, firms, or corporations having a fixed
place of business in Three Oaks Township or elsewhere after such articles
shall have been reported to the Township Clerk as herein provided.
No purchase or receipt of any articles shall be made from any
person who is at the time intoxicated or from any habitual drunkard
or from any person known by said junk dealer to be a thief or an associate
of thieves or a receiver of stolen property, or from any person whom
he has reason to suspect or from any minor under the age of 21 years
without the consent of the parents of such minor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All premises used as a junkyard or junk shop shall be kept and
maintained in a clean, sanitary and neat condition. The person operating
a junkyard or junk shop shall maintain the premises so used so that
rats, vermin and fire hazards are, as far as practicable, reduced
to a minimum. No rubbish or portion or parts of wrecked machines and
other accumulations which are to be discarded by such junk dealer
shall be burned on such premises without the written consent of the
Township of Three Oaks.
[Amended 9-11-1995 by Ord. No. 25; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
A. Any person or persons, partnership or corporation who shall violate any of the provisions of this chapter is responsible for a municipal civil infraction and shall be punishable by the civil fines set forth in Chapter
29, Municipal Civil Infractions, of the Code of the Township of Three Oaks. Repeat offenses shall be subject to an increased civil fine, as set forth in said Chapter
29, Municipal Civil Infractions.
B. Each day
on which any violation of this chapter continues constitutes a separate
offense and shall be subject to penalties or sanctions as a separate
offense.
No person known to be a thief or an associate of thieves, an
habitual drunkard, a receiver of stolen property or incapable of keeping
the records and making the reports herein provided for shall be deemed
to be a suitable person to receive a license as secondhand dealer
or junk dealer, and any person to whom a license as may have been
granted may have his license revoked by the Township Board of the
Township of Three Oaks on good cause shown and after reasonable notice
and opportunity to be heard before such Township Board or committee
thereof.
Each collector licensed hereunder shall receive from the Township
Clerk a metal tag not exceeding six inches in diameter, bearing the
type of license and the license number. Said tag shall be kept by
such collector on his person or vehicle when engaged in the business
of collecting secondhand property or junk as defined herein. Said
tag must be produced at the request of any police officer or private
person.
Each and every section and provision of this chapter shall be
deemed a separate, severable, independent and distinct section or
provision hereof, and the invalidity of any section or part thereof
shall not affect the remaining sections or parts thereof.