(a)
Definitions and classifications.
(1)
Junk.
Junk dealer.
Secondhand dealer.
The following terms shall have the meanings respectively ascribed
to them in this subsection:
All scrap metals and their alloys; bones, rags, cloth, rubber,
rope, tinfoil, used bottles, paper, old cotton, secondhand mechanical
and garden tools and utensils; used or secondhand plumbing fixtures,
appliances, fittings, pipes and supplies; used or secondhand gas or
water fixtures, fittings, pipes, appliances and supplies; used or
secondhand hose or harness, used or secondhand doors, window sash
or glass, mantels or parts thereof; old brick, old stone, old paint,
or old lumber; and any other article of equipment or merchandise of
any nature that is old, used or secondhand; provided that this definition
shall not include operable motor vehicles, recreational vehicles or
watercraft.
Is used in its ordinary and usual accepted meaning, and shall
also mean and include any person engaged in any of the following:
collection, handling, buying and selling any of the articles enumerated
in the definition of “junk” in this section.
Is used in its ordinary and usual trade acceptance meaning,
and shall also mean and include any person engaged in any of the following:
collection, handling, buying, trading, selling or engaging in the
sale or traffic of any of the following: used or secondhand wearing
apparel and any and all kinds of clothing; used or secondhand watches,
jewelry, diamonds, luggage, musical instruments, and any type of kind
of firearm; and any and all kinds of used goods, wares and merchandise
that are handled by pawnbrokers and secondhand dealers in the usual
course of trade; provided that this definition shall not include operable
motor vehicles, recreational vehicles or watercraft.
(2)
The terms “junk dealers,” “dealers in junk” and “dealers in secondhand merchandise” are hereby used synonymously, and shall include both class A and class B junk dealers, as the same are classified in subsection (3) hereof.
(3)
Junk dealers and secondhand dealers are hereby divided into two classes
to be designated as class A and class B.
(A)
Class A shall mean and include all junk dealers within the city who
are not included in class B, as herein defined.
(B)
Class B shall include and mean all junk or secondhand dealers having
no fixed place of business and who are engaged in any of the following:
the gathering of, the purchase of, the sale of or the disposition
of junk by going from house to house, from point to point or from
store to store within the corporate limits of the city.
(b)
General restriction.
It is hereby declared to be unlawful
for any person, firm or corporation to engage in the business of secondhand
dealer or junk dealer within the city limits from and after the passage
of this section as provided by the law. Provided that this subsection
shall not apply to existing businesses of like nature that are operating
within the city limits prior to February 15, 1965.
(c)
Penalty.
Any person, firm or corporation found doing
business as a secondhand dealer or junk dealer in violation of this
section shall be deemed guilty of a misdemeanor and shall be liable
for a fine not in excess of $500.00. Each day of the violation constitutes
a separate offense.
(d)
Fence or indoor storage required.
(1)
It is hereby declared that this section shall not apply to any secondhand
dealer or junk dealer who fulfills all of the following requirements:
(A)
The construction of a solid fence of a height of not less than six
(6) feet, connected [constructed] so as to enclose and obstruct from
the public view all of the area within which the old, used, secondhand
or junk merchandise is to be stored;
(B)
The old, used, secondhand or junk merchandise shall be stored, stacked,
piled or collected in such a manner so as not to protrude above the
height of the fence;
(C)
The fence shall be of a solid construction of wood, brick, stone,
metal or any other solid substance, and shall be maintained in a state
of good repair at all times.
(2)
In lieu of the fence provided for herein, the secondhand or junk
dealer may store all such merchandise in a building for which a certificate
of occupancy has been awarded pursuant to the ordinances of the city.
(e)
Permit and affidavit required; application for permit.
(1)
Any person, firm or corporation desiring to engage in the business
of secondhand dealer, junk dealer or dealer in used or old merchandise
is hereby required to procure a permit by making application in writing
to the city secretary, such application to contain the following information:
(2)
Prior to the issuance of the permit, and after application has been made, the applicant is hereby required to make affidavit, sworn to before the city secretary, that a fence as described in subsection (d) of this section has been fully completed or that all merchandise will be stored inside an approved building, thereby showing the ability of the applicant to comply with the terms, conditions, and exceptions of this section.
(3)
No permit shall be issued unless and until the requirement of affidavit
is fulfilled.
(f)
Penalty for making false affidavit or false representations.
Any person making a false affidavit, or making false representations
in said application, shall be deemed guilty of a misdemeanor and shall
be fined not in excess of five hundred dollars ($500.00).
(g)
Forfeiture of permit.
Any person making a false affidavit, or making false representations in said application, shall be subject to an additional penalty of forfeiture of their permit issued in reliance upon such false information and affidavit, and such forfeiture shall render the applicant liable for the penalty as provided in subsection (f) of this section.
(h)
Time limit for filing affidavit.
Any person, firm, or
corporation making application as herein provided shall be allowed
ninety (90) days within which to make affidavit, after which period
the application shall die and a new application must be made as herein
provided.
(Ordinance 312 adopted 1/12/95)
(a)
Requirements.
Every person or persons operating a business
or commercial venture within the city limits that deals with the buying
or selling of used or secondhand appliances, machinery, tools, electronic
equipment, motor vehicle parts, scrap metal, or any other material
that may be defined as used or secondhand in nature shall maintain
an accurate record of all such transactions on a form prescribed by
the chief of police, which shall include the name, address, date of
birth, and driver’s license number of the person from whom the
material was bought or sold, the date of the transaction, and the
amount that was paid or received for the material.
(b)
Inspection.
The records of all such transactions shall
be open for inspection by the police department at any time without
warrant.
(c)
Violations.
Failure to maintain accurate records or
to make such records available to the police department upon demand
shall be a violation of this section, and the police department shall
have the authority to suspend the business permit of the commercial
venture for noncompliance.
(d)
Penalty.
Any person found guilty of violating any of
the provisions of this section shall be deemed guilty of a misdemeanor,
and upon conviction shall be sentenced to pay a fine of not less than
$100.00 nor more than $500.00.
(Ordinance 257 adopted 2/9/89)
