The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Junk
means old iron chains, brass, copper, tin, lead or other base metals, old rope, bags, rags, wastepaper, paper clippings, clips, bagging, rubber, glass, empty bottles, bones or old parts of motor vehicles, or any other articles which have been discarded or are no longer used for the purpose for which they were manufactured.
Junk dealer
means any person who, irregularly or continually, either at wholesale or retail, buys, sells or deals in junk, whether as an itinerant or at a fixed place of business.
(1973 Code, sec. 15-1; 1991 Code, sec. 14-1; 2007 Code, sec. 32-19)
Every place, other than a building, where any junk dealer carries on his business shall be enclosed by a substantial solid fence or other structure so constructed and maintained as to prevent any junk on such premises from being visible from the street. The enclosure shall be maintained in good condition at all times, and no junk shall be piled or placed within the same so as to protrude in any manner above the enclosure.
(1973 Code, sec. 15-2; 1991 Code, sec. 14-2; 2007 Code, sec. 32-20)
The place of business of each junk dealer shall be subject to inspection by the proper municipal authorities at all reasonable times, and the contents thereof shall be arranged in an orderly manner, with all similar things located together so as to facilitate such inspection.
(1973 Code, sec. 15-3; 1991 Code, sec. 14-3; 2007 Code, sec. 32-21)
Every junk dealer or keeper of a junk shop, or dealer in secondhand goods, shall keep at his place of business a register in which he shall enter in writing a minute description of all property taken, purchased or received by him, together with the time, name and place of residence (giving street number if within the city) of the person from whom the property is purchased, which register shall be kept clean and legible. He shall make such entry within one hour of the receipt or purchase of such property. Every entry shall be made in ink and shall not in any manner be obliterated or erased.
(1973 Code, sec. 15-4; 1991 Code, sec. 14-4; 2007 Code, sec. 32-22)
It shall be the duty of every junk dealer or keeper of a junk shop, or dealer in secondhand goods, to make out and deliver to the chief of police every day, before the hour of 12:00 noon, a legible and correct copy from the register of personal property purchased during the preceding day, together with the time when received or purchased, and a description of the person from whom the same were purchased. No junk dealer or keeper of a junk shop or dealer in secondhand goods shall be required to furnish such description of household goods purchased from persons at their residences or of any property purchased from persons having an established place of business in the city, or goods sold at public sale, but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase and must be shown to the mayor or any member of the police department when demanded.
(1973 Code, sec. 15-5; 1991 Code, sec. 14-5; 2007 Code, sec. 32-23)
The register required to be kept by this article shall at all times during business hours be kept open to the inspection of the chief of police and sheriff, or the deputy of either, or any officer of the police force of the city, the city attorney, the county prosecuting attorney and anyone authorized in writing for that purpose by the chief of police, which authority shall be exhibited to the junk dealer or keeper of a junk shop, or dealer in secondhand goods. The junk dealer or keeper of a junk shop, or dealer in secondhand goods, shall, upon request, show and exhibit to such person or officer for inspection any article purchased by him.
(1973 Code, sec. 15-6; 1991 Code, sec. 14-6; 2007 Code, sec. 32-24)
In the case of parts of motor vehicles, and in addition to the information required to be entered in the register of purchases, such record shall contain all serial numbers, engine numbers or other identifying numbers, the make, style, model, color and license number of the vehicle from which the same were taken.
(1973 Code, sec. 15-7; 1991 Code, sec. 14-7; 2007 Code, sec. 32-25)
No junk dealer shall buy, receive, sell or otherwise dispose of any motor vehicle, or part thereof, from which the manufacturer’s serial number or other identification mark has been removed, defaced, covered, altered or destroyed. Any junk dealer to whom is offered for sale or delivery any motor vehicle, or part thereof, from which has been removed, defaced, covered, altered or destroyed the manufacturer’s serial number or other identification mark, shall immediately notify the chief of police to that effect.
(1973 Code, sec. 15-8; 1991 Code, sec. 14-8; 2007 Code, sec. 32-26)
All junk received by any junk dealer shall be retained for a period of 48 hours before it is disposed of by the dealer. This provision shall not apply to old rags or paper.
(1973 Code, sec. 15-9; 1991 Code, sec. 14-9; 2007 Code, sec. 32-27)
No person doing business under this article, or his employee, shall wreck, tear down, paint or otherwise destroy the identity of any secondhand motor vehicle, nor allow the same, or any part thereof, to be taken out of his possession, until 48 hours after the report provided for by this article has been made to the chief of police. The chief of police may, after a proper report has been duly made to him, grant a special permit allowing the secondhand motor vehicle, or part thereof, to be sold or disposed of and delivered to another within a period of time less than 48 hours after the chief of police has satisfied himself that there is no question as to the ownership of such motor vehicle or part thereof.
(1973 Code, sec. 15-10; 1991 Code, sec. 14-10; 2007 Code, sec. 32-28)
No junk dealer or keeper of a junk shop, or dealer in secondhand goods, shall purchase or receive any article of property of or from a minor or owned by a minor, or property which for any cause he may have reason to believe or suspect cannot be lawfully or rightfully sold by the person offering it.
(1973 Code, sec. 15-11; 1991 Code, sec. 14-11; 2007 Code, sec. 32-29)
It shall be unlawful for any person to engage in business as a junk dealer within the city without first obtaining a license so to do.
(1973 Code, sec. 15-23; 1991 Code, sec. 14-36; 2007 Code, sec. 32-47)
Every applicant for a license as a junk dealer shall file with the city manager or designee a written application upon a form prepared and provided by the city, signed and sworn to by the applicant. The application shall contain the following information:
(1) 
The name and residence of each applicant, if an individual or partnership; if a corporation, its name, principal place of business and the address of each of the following officers: president, vice-president, secretary, treasurer and general manager.
(2) 
The length of time each applicant, if a person or partnership, has resided in the city, the business or occupation pursued by him during the five years immediately preceding the date of such application, giving the place where such business or occupation was followed, whether he has ever been convicted either of a felony or of a misdemeanor and, if so, giving the nature of the offense and the court in which the conviction was had. If the applicant is a corporation, the application shall contain the same information with respect to each of the following officials thereof: president, vice-president, secretary, treasurer and general manager.
(3) 
Whether the applicant or the enumerated officers, if the applicant is a corporation, has ever been employed by a junk dealer or has ever been engaged in the business of a junk dealer and, if so, the time when engaged in business as a junk dealer or when employed by a junk dealer.
(4) 
A detailed statement of the nature of the business to be conducted, and the kind of junk to be collected, bought, sold or otherwise dealt in.
(5) 
The place where such business is to be located or carried on.
(1973 Code, sec. 15-24; 1991 Code, sec. 14-37; 2007 Code, sec. 32-48; Ordinance adopting 2022 Code)
Each application for a license required by the provisions of this division shall contain a stipulation to the effect that the applicant accepts the license, if granted, upon the condition that it may be suspended for good cause at any time by the city manager or other proper official designated by the city council. The applicant shall have the right to appeal and a hearing before the city council, and if the city council concurs in the action of the city manager or other designated officer in suspending the license its decision shall be final.
(1973 Code, sec. 15-25; 1991 Code, sec. 14-38; 2007 Code, sec. 32-49)
Each application for a license required by this division shall be accompanied by a bond in the penal sum as currently established or as hereafter adopted by resolution of the city council from time to time, payable to the city, with at least two good and sufficient sureties or sufficient collateral security, approved by the city manager, conditioned that during the term of the license the applicant will duly observe all laws, ordinances, rules and regulations which are now in force or which may hereafter become applicable to junk dealers.
(1973 Code, sec. 15-26; 1991 Code, sec. 14-39; 2007 Code, sec. 32-50)
When any application has been made for a license under this division, the city manager or designee shall at once report the same to the chief of police, city health officer, fire chief and building inspector. It shall thereupon become the duty of each of the city officials to inspect or cause to be inspected the place where the business of such junk dealer is to be carried on, and to determine whether such place of business complies with all applicable laws, ordinances, rules and regulations. The place where such junk dealer conducts his business, and all buildings situated thereon, shall be so constructed and maintained that such junk dealer may carry on his business in a sanitary manner. No fire hazard shall be contained thereon and the place of business shall be so arranged that a proper inspection may be made at any time by the duly authorized health, fire, building and police authorities.
(1973 Code, sec. 15-27; 1991 Code, sec. 14-40; 2007 Code, sec. 32-51; Ordinance adopting 2022 Code)
Each junk dealer shall pay an annual license fee as currently established or as hereafter adopted by resolution of the city council from time to time for each license issued under this division.
(1973 Code, sec. 15-28; 1991 Code, sec. 14-41; 2007 Code, sec. 32-52)
When an application and bond have been filed as provided for in this division, the city manager shall make an investigation of the applicant, and if the applicant is found to be a suitable person to carry on the business of a junk dealer, and if the bond is found to be good and sufficient, a license shall be issued to the applicant to engage in the business of a junk dealer after payment has been made by him to the city of the required license fee. No license shall be refused except for good cause.
(1973 Code, sec. 15-29; 1991 Code, sec. 14-42; 2007 Code, sec. 32-53)
(a) 
If any application for a license as junk dealer shall be or has been refused, the applicant shall be privileged to make another application at any time thereafter upon showing that the reason for such rejection of the application no longer exists.
(b) 
No license as a junk dealer shall be granted to any person who may be denied a license pursuant to V.T.C.A., Occupations Code chapter 53. No license as a junk dealer shall be issued to any corporation if any of the before-named officers may be denied a license under this subsection.
(1973 Code, sec. 15-30; 1991 Code, sec. 14-43; 2007 Code, sec. 32-54)
No license shall be issued under this division for a period of more than one year, and all licenses shall terminate on January 1 next succeeding the issuance thereof, unless sooner revoked or suspended as provided for herein.
(1973 Code, sec. 15-31; 1991 Code, sec. 14-44; 2007 Code, sec. 32-55)
All licenses issued under this division shall be numbered in the order in which they are issued and shall state the location of the place of business of the junk dealer, the date of issuance, the date of expiration of the license and the name and address of the licensee.
(1973 Code, sec. 15-32; 1991 Code, sec. 14-45; 2007 Code, sec. 32-56)
Each junk dealer’s license shall designate the place where the business of the junk dealer is to be carried on. No licensee shall move his place of business from the place designated in the license until a written permit authorizing such move has been secured from the city manager. In the event a permit is granted to move the place of business to another location, all signs required by this division shall be correspondingly altered. No license shall be issued for operation of the business in any residential area of this city.
(1973 Code, sec. 15-33; 1991 Code, sec. 14-46; 2007 Code, sec. 32-57)
Each holder of a junk dealer’s license shall at all times cause the same to be posted in a conspicuous place on the premises described in the application for such license for such period of time as the license may remain in full force and effect. No person shall post the license upon any property or premises other than those described in the application therefor. No person shall knowingly permit the license to be defaced or destroyed.
(1973 Code, sec. 15-34; 1991 Code, sec. 14-47; 2007 Code, sec. 32-58)
In the event a license issued under this division is lost or destroyed, it shall be the duty of the city manager or designee to issue a duplicate thereof in lieu of the original license upon the filing of an affidavit setting forth the circumstances surrounding the loss or destruction of the license, upon the payment of a fee as currently established or as hereafter adopted by resolution of the city council from time to time.
(1973 Code, sec. 15-35; 1991 Code, sec. 14-48; 2007 Code, sec. 32-59; Ordinance adopting 2022 Code)
Each vehicle kept or used by a junk dealer in the pursuit of his business shall be plainly marked on each side with the name of the licensee, the name and number of the street where his business is located, the words “Junk Dealer,” “City of Humble, Texas,” and his license number in plain letters and figures at least two inches high and of such color as to be plainly legible at a distance of 60 feet. The same information shall be contained in and displayed on a sign to be placed at the front of the place where each junk dealer carries on his business.
(1973 Code, sec. 15-36; 1991 Code, sec. 14-49; 2007 Code, sec. 32-60)
Any license issued under the provisions of this division may be suspended or revoked by the city manager or city council for the violation by the licensee, or his employees or agent, of any applicable provision of this code, state law or city ordinance, rule or regulation.
(1973 Code, sec. 15-37; 1991 Code, sec. 14-50; 2007 Code, sec. 32-61)