For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
Junk.
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.
Junk dealer.
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)
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)