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:
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.
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)
