For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them:
Old or scrap iron, chains, brass, copper, tin, lead or other
base metals, old rope, bags, rags, clothes, 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.
The term “junk” shall also include unserviceable or secondhand
automobiles purchased from the general public for the purpose of being
dismantled, together with the purchase of unserviceable or used parts
and accessories, not including tires and tubes.
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.
(2000 Code, sec. 7-91)
Every place, other than a building, where any junk dealer carries
on his business shall be enclosed by a suitable 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 in any manner to protrude above the enclosure.
(2000 Code, sec. 7-92)
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.
(2000 Code, sec. 7-93)
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 the 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.
(2000 Code, sec. 7-94)
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 or persons from whom the
same was purchased; provided that 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 any member of the police
department when demanded.
(2000 Code, sec. 7-95)
The register required by this article to be kept 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 chief of police, the city attorney,
the county prosecuting attorney and anyone authorized in writing for
the 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 articles purchased by him.
(2000 Code, sec. 7-96)
In the case of parts of motor vehicles, 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
and the make, style, model, color and license number of the automobile
from which the same were taken.
(2000 Code, sec. 7-97)
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.
(2000 Code, sec. 7-98)
All junk received by any junk dealer shall be retained for a
period of forty-eight (48) hours before it is disposed of by the dealer,
but this provision shall not apply to old rags or paper.
(2000 Code, sec. 7-99)
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 forty-eight (48) hours after
the report provided for by this article has been made to the chief
of police; provided, however, that 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 forty-eight (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.
(2000 Code, sec. 7-100)
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 stolen property 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.
(2000 Code, sec. 7-101)
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.
(2000 Code, sec. 7-111)
Every applicant for a license as a junk dealer shall file with
the city secretary 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 (5) years immediately preceding the date of such application,
giving the place where such business or occupation was followed, whether
he is married or single, and 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.
(2000 Code, sec. 7-112)
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; provided, however,
that the applicant shall have the right to appeal and a hearing before
the city council. 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.
(2000 Code, sec. 7-113)
Each application for a license required by this division shall
be accompanied by a bond in the penal sum of two thousand dollars
($2,000.00), payable to the city, with at least two (2) good and sufficient
sureties of 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.
(2000 Code, sec. 7-114)
When any application has been made for a license under this
division, the city secretary 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.
(2000 Code, sec. 7-115)
Each junk dealer shall pay an annual license fee, to be set
by resolution of the city council, for each license issued under this
division.
(2000 Code, sec. 7-116; Ordinance 23-3746 adopted 5/23/2023)
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.
(2000 Code, sec. 7-117)
(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 shall
have been convicted within five (5) years immediately preceding the
date of the application of any violation of this article, or who has
within such period been convicted of any felony or any misdemeanor
other than of a misdemeanor growing out of and arising from the violation
of some traffic law. No license as a junk dealer shall be issued to
any corporation if any of the before-named officers thereof have been
convicted of any of the stated offenses.
(2000 Code, sec. 7-118)
No license shall be issued under this article for a period of
more than one year, and all licenses shall terminate on the first
day of January next succeeding the issuance thereof, unless sooner
revoked or suspended as provided for herein.
(2000 Code, sec. 7-119)
All licenses issued under this article shall be numbered in
the order in which they are issued, shall state the location of the
place of business of the junk dealer, shall state the date of issuance,
shall state the date of expiration of the license, and shall state
the name and address of the licensee.
(2000 Code, sec. 7-120)
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 article
shall be correspondingly altered. No license shall be issued for operation
of the business in any residential area of the city.
(2000 Code, sec. 7-121)
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, and no person shall knowingly permit
the license to be defaced or destroyed.
(2000 Code, sec. 7-122)
In the event a license issued under this article is lost or
destroyed, it shall be the duty of the city secretary 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 to be set by resolution
of the city council.
(2000 Code, sec. 7-123)
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,” the term “City
of Plainview, Texas,” and his license number, in plain letters
and figures at least two (2) inches high and of such color as to be
plainly legible at a distance of sixty (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.
(2000 Code, sec. 7-124)
Any license issued under the provisions of this article may
be suspended or revoked by the city manager or city council for the
violation by the licensee, or his employees or agents, of any applicable
provision of this code, state law or city ordinance, rule or regulation.
(2000 Code, sec. 7-125)
