Junk
means and includes scrap iron, steel, tin, brass, copper, lead, zinc and all metallic substances except precious metals, handled, purchased, received or offered for sale by dealers in junk, and shall mean and include secondhand plumbing, and electric fixtures, wires, globes, brass pipe, lead pipe and pipe of other metals, melted metals of any kind, such parts of machinery or machines that may be identified as such, any fixture pertaining to a residence, business house or other house of any kind, automobile accessories, including horns, tires, tanks and all detached and detachable parts of any automobile, motorcycle, bicycle, or motor vehicle of any kind, or any vehicle of any kind, hydrants, faucets, lawn equipment, gas fixtures, fittings and appliances, garden tools, mechanical tools of every description, rags, rubber, rope, bottles and utensils of every description, 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, partnership, or corporation 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.
(Ordinance 33, sec. 1, adopted 7/10/1973)
No junk dealer shall pursue his occupation or business within the city without complying with the terms and provisions of this article as hereinafter set out, and without procuring a license as hereinafter required.
(Ordinance 33, sec. 2, adopted 7/10/1973)
(a) 
Every applicant for a license as a junk dealer shall file with the city clerk a written application upon a form prepared and provided by the city, signed and sworn to by the applicant. Said 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, to wit: 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 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, to wit: president, vice-president, secretary, treasurer and general manager.
(3) 
Whether the applicant or 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 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.
(6) 
Each application 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 mayor, 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, and if the city council concurs in the action of the mayor or other designated officer in suspending said license, its decision shall be final.
(7) 
Each application shall be accompanied by a bond in the sum of $1,000.00, payable to the city, with at least two good and sufficient sureties or sufficient collateral security, approved by the city council, 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.
(b) 
When any such application has been made, the city clerk shall report the same to the mayor, city council and other covering departments. It shall thereupon become the duty of each of said 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 said 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.
(Ordinance 33, sec. 3, adopted 7/10/1973)
Every place, other than a building, where any junk dealer carries on his business shall be enclosed by a fence or other structure not less than seven feet in height, which said fence or other structure shall be so constructed that no debris or other material may pass through the same. Said 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 said enclosure.
(Ordinance 33, sec. 5, adopted 7/10/1973)
When an application and bond have been filed as provided for herein, the city council shall make an investigation, and if the applicant is found to be suitable person(s) 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 license fee hereinafter required. No license shall be refused except for good cause.
(Ordinance 33, sec. 6, adopted 7/10/1973)
All licenses shall be numbered in the order in which they are issued, shall state the location of the place of business of the junk dealer, and shall state the date of issuance and the date of expiration of the license and the name and address of the licensee.
(Ordinance 33, sec. 7, adopted 7/10/1973)
If any application for a license as junk dealer 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 said application no longer exists. No license as a junk dealer shall be granted to any person who shall have been convicted within five years immediately preceding the date of said application of any violation of this article, or who has, within said 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 so convicted of any of said stated offenses.
(Ordinance 33, sec. 8, adopted 7/10/1973)
Each junk dealer shall pay an initial license fee as set forth in the fee schedule in appendix A of this code, and an annual license fee thereafter as set forth in the fee schedule. No license shall be issued 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 herein.
(Ordinance 33, sec. 9, adopted 7/10/1973; Ordinance adopting Code)
The issuance of a junk dealer's license shall entitle the owner and holder thereof to have, keep and operate several vehicles in connection with said business for the purpose of collecting or delivering junk within the city.
(Ordinance 33, sec. 10, adopted 7/10/1973)
In the event a license is lost or destroyed, it shall be the duty of the city clerk 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 said license, upon the payment of a fee as set forth in the fee schedule in appendix A of this code.
(Ordinance 33, sec. 11, adopted 7/10/1973; Ordinance adopting Code)
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 said license may remain in full force and effect. No person shall post said license upon any property or premises other than those described in the application therefor, and no person shall knowingly permit said license to be defaced or destroyed.
(Ordinance 33, sec. 12, adopted 7/10/1973)
Each junk dealer's license shall designate the place where the business of said junk dealer is to be carried on. No licensee shall remove his place of business from the place designated in said license until a written permit authorizing such removal has been secured from the city council. In the event a permit is granted to remove said place of business to another location, all rules required by the preceding sections of this article shall be correspondingly followed.
(Ordinance 33, sec. 13, adopted 7/10/1973)
No junk dealer shall carry on his business at any place other than the one designated in his license, nor shall said business be carried on at any time after the suspension, revocation, or expiration of said license.
(Ordinance 33, sec. 14, adopted 7/10/1973)
No junk dealer shall make any purchase or receive any article from any person between sunset and six o'clock a.m. on the succeeding day.
(Ordinance 33, sec. 15, adopted 7/10/1973)
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 any orderly manner, with all similar things located together so as to facilitate such inspection.
(Ordinance 33, sec. 17, adopted 7/10/1973)
All junk received by any junk dealer shall be retained for a period of forty-eight hours before it is disposed of by said dealer, but this provision shall not apply to old rags or paper.
(Ordinance 33, sec. 18, adopted 7/10/1973)
Each junk dealer shall keep a record, plainly written in ink or typed in the English language, which said record shall describe each article purchased, received, or in any manner acquired by him, and the name and residence of each person from whom each article was purchased or acquired, the day and hour of such purchase or acquisition, and the price paid for each article. This record shall be open to inspection by police authorities or any person acting under their direction at all reasonable times. No entry in said record shall be in any wise changed, erased, obliterated, altered, or defaced.
(Ordinance 33, sec. 19, adopted 7/10/1973)
In the case of parts of motor vehicles, and in addition to the above requirements, said 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.
(Ordinance 33, sec. 20, adopted 7/10/1973)
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 proper police authorities to that effect.
(Ordinance 33, sec. 21, adopted 7/10/1973)
If complaint is made in writing by any municipal official or any resident of the city to the effect that any junk dealer has violated any of the provisions of this article, said dealer shall be summoned to appear before the city council at a time not less than three days after service of written notice upon him to show cause why his license shall not be revoked. If, after a hearing, the council finds that said dealer is guilty as charged in the complaint, his license shall be revoked and he shall be entitled to a refund covering the unexpired period of such license. Notice of the revocation of said junk dealer's license shall be served upon the licensee by mailing such notice to him at the address given in the application and by filing a copy of said notice with the city secretary.
(Ordinance 33, sec. 22, adopted 7/10/1973)
Any person violating any of the provisions of this article, or who, having had his license revoked, continues his business as a junk dealer, shall, upon conviction, be subject to punishment as provided in section 1.01.009. Each day during which any violation of this article occurs shall constitute a separate offense. In addition to the penalties imposed hereinabove, the offender's license as a junk dealer shall be cancelled and his bond shall be forfeited. In the event of such forfeiture, the amount due upon said bond may be recovered in any ordinary civil action.
(Ordinance 33, sec. 23, adopted 7/10/1973; Ordinance adopting Code)