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:
Secondhand goods
means scrap iron, tin, brass, copper, lead, zinc and all metallic substances, secondhand watches, knives, guns, cameras, jewelry, fishing equipment and similar items handled, purchased, received or offered for sale by dealers in secondhand goods, 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, hubcaps, prestolite tanks, tires 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 hoses, lawn sprinklers, gas fixtures, fittings and appliances, garden tools, mechanical tools of every description, harness, rags, rubber, rope, bottles and utensils of every description. The enumeration of the articles in this definition shall not be held to exclude other articles that may be reasonably included under the general definition of secondhand goods, when given its usual trade meaning.
Secondhand goods dealer
means any person primarily engaged in collecting, handling, buying or selling any of the articles defined as secondhand goods.
(1967 Code, sec. 14-1; 1976 Code, sec. 22-171; 2008 Code, sec. 22-171)
(a) 
Each dealer in secondhand goods or person who shall purchase any kind of secondhand goods shall keep an accurate daily record of each article purchased, and the time when purchased, and also an accurate description of the person selling the article, giving his name, color, sex, age and residence. All such entries shall be made at the time of the purchase.
(b) 
Every secondhand goods dealer is required to keep and maintain a record, used exclusively for such purposes, in which, at the time of the transaction and coincident therewith, shall be explicitly, plainly and intelligently written in ink and in the English language, without alterations or erasure, the name, residence and street number of the person or the agent, messenger or drayman of such person, and the race of the person, from whom such secondhand goods were purchased or obtained, and the nature of the secondhand goods. If the article is a finished product or several parts of a finished product, then each of such parts shall be separately listed and described, including the serial number, if any, and any other descriptive marks or symbol. There shall also be recorded the day of the week, month and year when such purchase was made, and whether or not the person from which such secondhand goods were obtained was male or female. Such record shall further contain the source and place from which the secondhand goods came or were obtained. When any secondhand goods dealer shall receive secondhand goods from any common carrier from a point outside the limits of the city, the record required by this section to be kept by secondhand goods dealers shall be sufficient if it shows the name of such common carrier and the nature of the material received and gives the name and address of the person from whom the material was received.
(1967 Code, sec. 14-2; 1976 Code, sec. 22-172; 2008 Code, sec. 22-172)
Copies of the records specified in section 4.05.002 shall be delivered to the chief of police daily, and the originals thereof shall be accessible at all times to the police of the city or any other peace officer, and all such police officers and peace officers shall have the right, at all times, to examine such records when searching or looking for lost or stolen articles or in determining whether or not the provisions of this article are being faithfully kept and observed. Any person who refuses to permit any such officers to inspect such records shall be guilty of a misdemeanor.
(1967 Code, sec. 14-3; 1976 Code, sec. 22-173; 2008 Code, sec. 22-173)
Before any secondhand goods dealer shall purchase any secondhand goods of any description, he shall secure from the person selling the goods evidence showing how the goods came into the possession of such seller.
(1967 Code, sec. 14-4; 1976 Code, sec. 22-174; 2008 Code, sec. 22-174)
No secondhand goods dealer shall receive or purchase any secondhand goods from any intoxicated person or from any person under the age of 18 years, except upon the written consent of the parent or guardian of such minor, and, in that event, such writing shall be preserved by such secondhand goods dealer for a period of not less than six months thereafter for public inspection. When any such purchase is made from any minor with such consent, a notation of the purchase shall be made in the book or register required by section 4.05.002 to be kept by such dealer.
(1967 Code, sec. 14-5; 1976 Code, sec. 22-175; 2008 Code, sec. 22-175)
No secondhand goods shall be sold, removed from, altered, changed or wrecked in the place of business of any secondhand goods dealer within 48 hours after the goods have been purchased or acquired, and all secondhand goods received shall be kept separate and apart from all other articles so that such goods may be identified for a full 48 hours after the goods are received. If a dealer desires to sell or dispose of merchandise that has not been in his possession for a full 48-hour period, he shall secure from the purchaser the same information and identification that is required by this article from persons that sell to the dealer.
(1967 Code, sec. 14-6; 1976 Code, sec. 22-176; 2008 Code, sec. 22-176)
Every secondhand goods dealer shall at all times allow the chief of police or some other police officer the privilege of examining all articles of secondhand goods he may have received, whether at his place of business or elsewhere, for the purpose of ascertaining whether or not the articles are lost or stolen property.
(1967 Code, sec. 14-7; 1976 Code, sec. 22-177; 2008 Code, sec. 22-177)
It shall be unlawful for any person to use any real property adjacent to and within 50 feet from any state or federally maintained highway or roadway within the city limits for the purpose of storing any junk, trash, refuse, debris, wrecked automobiles or wrecked automobile parts.
(1967 Code, sec. 14-9; 1976 Code, sec. 22-179; 2008 Code, sec. 22-179)
No secondhand goods dealer shall buy, receive, sell or otherwise dispose of any motor vehicle, or part thereof from which the manufacturer’s serial number or other mark of identification has been removed, defaced, covered, altered or destroyed. Any secondhand goods dealer to whom is offered or delivered 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.
(1967 Code, sec. 14-10; 1976 Code, sec. 22-180; 2008 Code, sec. 22-180)
Every secondhand goods dealer shall keep a copy of the regulations prescribed by this article posted in a conspicuous place at his place of business.
(1967 Code, sec. 14-11; 1976 Code, sec. 22-181; 2008 Code, sec. 22-181)
Every place, other than a building, where any secondhand goods dealer carries on his business shall be enclosed by a fence or other structure not less than seven feet in height, which fence or other structure shall be so constructed that no dust or waste material such as paper or rags may pass through. No secondhand goods or other material shall ever be piled so high as to be seen above such fence.
(1967 Code, sec. 14-12; 1976 Code, sec. 22-182; 2008 Code, sec. 22-182)
A secondhand goods dealer may not make any purchase or receive any article from any person between the hours of 9:00 p.m. and 9:00 a.m. on the next succeeding day.
(1967 Code, sec. 14-13; 1976 Code, sec. 22-183; 2008 Code, sec. 22-183)
(a) 
Each vehicle kept or used by a secondhand goods 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 “SECONDHAND GOODS DEALER, CITY OF DUMAS,” and his license number in plain letters and figures at least two inches high and of such color so to be plainly legible at a distance of 60 feet.
(b) 
The same information shall be contained in and displayed on a sign to be located at the front of the place of business of each secondhand goods dealer.
(1967 Code, sec. 14-16; 1976 Code, sec. 22-184; 2008 Code, sec. 22-184)
No person shall transact or engage in the business of a secondhand goods dealer within the corporate limits of the city until he shall have secured an annual license therefor.
(1967 Code, sec. 14-27; 1976 Code, sec. 22-201; 2008 Code, sec. 22-201)
(a) 
Every applicant for a license as a secondhand goods 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. Such application shall contain, but not be limited to, the following information:
(1) 
The name and address of each applicant, the principal place of business, and the address of each officer, if a corporation, and their place of residence.
(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 his application, giving the place where such business or occupation was followed; and whether he has ever been convicted of a felony of misdemeanor, and, if so, the nature of the offense and the court in which conviction was had. If the applicant is a corporation, the application shall contain the same information with respect to each of its officers.
(3) 
Whether the applicant, or the enumerated officers of the applicant if a corporation, has ever been employed by a secondhand goods dealer or has ever been engaged in the business of a secondhand goods dealer, and, if so, the time when engaged in business as a secondhand goods dealer or when employed by a secondhand goods dealer.
(4) 
A detailed statement of the nature of the business to be conducted, and the kind of secondhand goods to be collected, bought, sold, or otherwise dealt in.
(5) 
The place where such business is to be located or carried on.
(b) 
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 commission; provided, however, that the applicant shall have the right to appeal and a hearing before the city commission. If the city commission concurs in the action of the mayor or other designated officer in suspending such license, its decision shall be final.
(1967 Code, sec. 14-28; 1976 Code, sec. 22-202; 2008 Code, sec. 22-202)
Before any license shall be issued under the provisions of this division, the applicant therefor shall pay to the city an annual fee in the amount set forth in the fee schedule in appendix A of this code.
(1967 Code, sec. 14-29; 1976 Code, sec. 22-203; 2008 Code, sec. 22-203)
Each application for a license required by the provisions of this division shall be accompanied by a bond in the penal sum of $500.00, payable to the city, with at least two good and sufficient sureties or sufficient collateral security, approved by the city commission, conditioned that, during the term of the license, the applicant will duly observe all applicable provisions of this code, state laws and city ordinances, rules and regulations.
(1967 Code, sec. 14-30; 1976 Code, sec. 22-204; 2008 Code, sec. 22-204)
Upon receipt of an application for a license under this division, the city secretary shall forward the application to the chief of police, who shall carefully examine the facts of the application and approve or disapprove the application. If the chief of police deems the applicant an unsafe or improper person to be granted a license as a secondhand goods dealer, he shall disapprove the application, but, whether he shall approve or disapprove the application, the application shall be referred by him to the city commission. The city commission shall then either approve or disapprove the application; provided that, before such disapproval, the commission shall give the applicant an opportunity to be heard and give him written notice of the time and place of such hearing, at least five days prior thereto, at which time the applicant may appear and be heard. After such hearing, if the city commission finds such applicant to be an unsafe and improper person to engage in the business of a secondhand goods dealer, it may, in its discretion, disapprove the application.
(1967 Code, sec. 14-31; 1976 Code, sec. 22-205; 2008 Code, sec. 22-205)
Upon compliance with the provisions of this division and upon the approval of the application by the city, the city secretary shall issue the license provided for in this division and shall number all such licenses consecutively.
(1967 Code, sec. 14-32; 1976 Code, sec. 22-206; 2008 Code, sec. 22-206)
All licenses issued under the provisions of this division shall contain:
(1) 
The location of the place of business of the secondhand goods dealer;
(2) 
The date of issuance and the date of expiration of the license; and
(3) 
The name and address of the licensee.
(1967 Code, sec. 14-33; 1976 Code, sec. 22-207; 2008 Code, sec. 22-207)
Each holder of a license issued under the provisions of this division shall at all times cause the license to be posted in a conspicuous place on the premises described therein for such period of time as such license may remain in full force and effect. No person shall post such license upon any property or premises other than those described in the application therefor.
(1967 Code, sec. 14-34; 1976 Code, sec. 22-208; 2008 Code, sec. 22-208)
No licensee under the provisions of this division shall remove his place of business from the designated place in his license until a written permit authorizing such removal has been secured from the city secretary. If a permit is granted to remove his place of business to another location, all signs required by this article shall be correspondingly altered.
(1967 Code, sec. 14-35; 1976 Code, sec. 22-209; 2008 Code, sec. 22-209)
Every license issued under this division shall expire one year next after its issuance.
(1967 Code, sec. 14-37; 1976 Code, sec. 22-211; 2008 Code, sec. 22-211)
If any license issued under the provisions of this division 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 such license, upon the payment of a fee in the amount set forth in the fee schedule in appendix A of this code.
(1967 Code, sec. 14-38; 1976 Code, sec. 22-212; 2008 Code, sec. 22-212; Ordinance adopting 2020 Code)
Conviction of any person licensed under the provisions of this division for violating any of the provisions of this article or applicable provisions of this code, state law or city ordinances, rules or regulations shall be sufficient cause for the cancellation of the license, within the discretion of the city commission.
(1967 Code, sec. 14-39; 1976 Code, sec. 22-213; 2008 Code, sec. 22-213)
(a) 
The issuance of a secondhand goods dealer’s license shall entitle the owner and holder thereof to have, keep, and operate one vehicle in connection with his business for the purpose of collecting and delivering secondhand goods within the city limits.
(b) 
If any secondhand goods dealer shall desire to have, keep and operate more than one vehicle in the conduct of his business, such dealer shall make application therefor to the city and pay a fee therefor in the amount set forth in the fee schedule in appendix A of this code for each such vehicle.
(1967 Code, secs. 14-14, 14-15; 1976 Code, sec. 22-214; 2008 Code, sec. 22-214; Ordinance adopting 2020 Code)