Unless it is apparent from the context that a different meaning
is intended, the following words, as used in this article, shall have
the meaning ascribed to them:
shall mean and include scrap iron, tin, brass, copper, lead,
zinc, and all other metallic substances, secondhand watches, knives,
guns, cameras, jewelry, fishing equipment, and similar items handled,
purchased, received, or offered for sale by dealers in junk, and shall
mean and include secondhand plumbing and electric fixtures, wire,
boats, brass pipe, lead pipe, and pipes of other metals, melted metals
of any kind, parts of machinery or of machines that may be identified
as such, any fixture pertaining to a residence or business house or
other house of any kind, automobile accessories, including horns,
hubcaps, tires, and all detached and detachable parts of any automobile,
motorcycles or bicycles, or motor vehicles of any kind, hydrants,
faucets, lawn hoses, lawn sprinklers, gas fixtures, fittings and appliances,
garden tools, mechanical tools of every description, harnesses, rags,
rubber, rope, bottles and utensils of every description, televisions,
radios, microwave ovens, CB radios, tape players, tapes, tape cassettes,
and utensils and other accessories of every description. The enumeration
of articles above shall not be held to exclude other articles that
may be originally included under the general definition of “junk,”
when given its usual trade meaning.
shall mean and include any person primarily engaged in collecting,
handling, buying, or selling any of the articles defined as “junk”
in this section.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(A))
Every junk dealer shall, at all times, allow any city official
the privilege of examining all junk for the purpose of ascertaining
whether or not the articles are stolen or lost property.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(B))
It shall be unlawful for any person to use any land or other
real property adjacent to and within one hundred feet (100') of any
residence not owned by the owner of the junkyard for the purpose of
storing any junk, trash, refuse, debris, wrecked automobiles, or wrecked
automobile parts.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(C))
No person shall transact or engage in the business of a junk
dealer within the corporate limits of the city until he shall have
secured an annual license therefor. The annual fee for such license
shall be twenty-five dollars ($25.00).
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(D))
(a)
An
applicant for a junk dealer’s license shall make request therefor
in writing to the city secretary.
(b)
Such
application shall contain the name, residence address, and business
address of the applicant. In the case of a firm or partnership, the
application shall show the individual names of members of the firm
or partnership, and, if a corporation, the name of the officers thereof.
The application shall contain the following words: “The license
hereby applied for shall be subject to all provisions and regulations
of ordinances of the City of Onalaska, Texas, relating to junk and
junk dealers.”
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(E)(1))
The application for a junk dealer’s license shall be signed
and sworn to by the person applying therefor before some officer authorized
by law to administer oaths, or, in the case of a partnership or corporation,
by one (1) member of the firm or officer or agent of the corporation,
and shall be accompanied by a certificate signed by three (3) responsible
citizens of the city certifying that the applicant is a safe and proper
person to engage in the business of a junk dealer. Such application
shall be filed with the city secretary.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(E)(2))
Upon receipt of an application for a license under this article,
the city secretary shall refer same to the city council. The city
council shall then either approve or disapprove the application; provided,
however, that before such disapproval, the council shall give the
applicant an opportunity to be heard, giving said applicant written
notice of the time and place of the hearing at least five (5) days
prior thereto, at which time the applicant shall appear and be heard.
After such hearing, if the city council finds such applicant to be
an unsafe and improper person to engage in the business of a junk
dealer, it may, at its discretion, disapprove the application.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(E)(3))
Upon compliance with the provisions of this article and upon
the approval of the application by the city council, the city secretary
shall issue the license provided for herein.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(E)(4))
Every junk dealer who is issued a license by the city shall
display such license in a conspicuous place at such business location.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(E)(5))
Every license issued under this article shall expire on the
thirty-first (31st) day of December next after issuance.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(E)(6))
Conviction of any person licensed under this article for violating
any of the provisions of this article shall be, within the discretion
of the city council, sufficient cause for the cancellation of a license.
(Ordinance 45 adopted 8/23/82; 1982 Code, ch. 4, sec. 15(E)(7))
