For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Junk dealer
is used in its ordinary and usual accepted meaning, and also means and includes any person engaged in the following: collecting, handling, buying and selling of scrap metal, secondhand mechanical and garden tools and utensils, used or secondhand plumbing fixtures, appliances, fittings, pipes and supplies, electrical fixtures, fittings, appliances and supplies, gas fixtures, fittings, appliances and supplies, used or secondhand water heaters, fixtures, fittings, used or secondhand doors, windows, used or secondhand automobiles purchased for the purpose of being dismantled, and all automobile parts other than tires.
Secondhand dealer
is used in its ordinary and usual trade acceptance meaning, and also means and includes any person engaged in any of the following: collecting, handling, buying, trading, selling or engaging in the sale or trafficking in any of the following: used or secondhand wearing apparel consisting of hats, shoes, overcoats, raincoats and any and all kinds of clothing; used or secondhand watches, jewelry, diamonds, coins, precious metals, tableware, luggage, musical instruments, shotguns, rifles, revolvers and all other kinds of firearms; and any and all kinds of used goods, wares and merchandise which are handled by pawnbrokers and secondhand dealers in the usual course of trade.
(1976 Code, sec. 10-50; 1998 Code, sec. 34-61; 2013 Code, sec. 12-60)
It shall be unlawful for any person to engage in any business of a secondhand dealer or junk dealer between the hours of 10:00 p.m. and 7:30 a.m.
(1976 Code, sec. 10-51; 1998 Code, sec. 34-62; 2013 Code, sec. 12-61)
(a) 
All junk dealers and secondhand dealers, as defined in this article, doing business or offering to do business in the city, shall at all times keep on hand record books in which shall be legibly written by the dealer at the time of any such transaction:
(1) 
An accurate description in the English language of the article purchased by or deposited with the junk dealer, secondhand dealer or pawnbroker;
(2) 
The amount of money paid for same or loaned thereon;
(3) 
The date and time of purchase or deposit;
(4) 
The name, age, sex, signature, residence and race of the person selling or depositing such article; and
(5) 
The source and place from which such article came or was obtained by the seller or depositor, as reported by the seller or depositor, together with the name of the state issuing the license and the number of the license of the automobile in which such article was delivered to such dealer.
(b) 
A junk dealer or secondhand dealer shall obtain from each seller or depositor of any property and insert in the registration book the number of the current state driver’s license of such person and the date it expires. If, for any reason, the seller does not possess a current state driver’s license, other identification and the reason for not possessing a state driver’s license shall be set forth in the registration book together with the seller’s or depositor’s thumbprint plainly and clearly in ink opposite his name in the records of the dealer.
(c) 
The taking of a thumbprint shall not be applicable to transactions wherein a licensee shall purchase from a person having a valid license or permit to transact and engage in a lawful business or occupation, whether such license or permit be issued by the city, the state or the United States of America, including a limited sales tax permit from the state, and in such transaction the identification of the seller of the junk or merchandise shall be deemed sufficient if the licensee shall make a notation of the type and number of such license or permit.
(1976 Code, sec. 10-56; 1998 Code, sec. 34-67; 2013 Code, sec. 12-66)
Each lot, sack, barrel, box or other container of junk or other merchandise purchased by or deposited with a licensee hereunder shall be kept intact and have written or stamped in a conspicuous place either on the container thereof, or if no container on one of the articles, the serial number of the report made as set out in section 5.06.003, which number shall at all times be kept plain and legible. Such number shall be affixed on each secondhand article by means of a tag on which is legibly printed the corresponding serial number of the report of sale and purchase required by section 5.06.003.
(1976 Code, sec. 10-57; 1998 Code, sec. 34-68; 2013 Code, sec. 12-67)
Each lot of junk and each secondhand article shall be retained in its original form, shape and condition for a period of ten days after such purchase or deposit, during which time no part of such junk or other merchandise shall be sold or permitted to be redeemed or removed from the place of business of such dealer.
(1976 Code, sec. 10-58; 1998 Code, sec. 34-69; 2013 Code, sec. 12-68)
No junk dealer or secondhand dealer shall purchase or receive for deposit or have in his possession any article of junk or secondhand article, except small metal articles bought in bulk with other scrap metal, from which the manufacturer’s serial number or brand has been removed or obliterated.
(1976 Code, sec. 10-59; 1998 Code, sec. 34-70; 2013 Code, sec. 12-69)
Each article purchased by or deposited with any junk dealer or secondhand dealer shall at all reasonable times be open to inspection by any member of the police force of the city.
(1976 Code, sec. 10-60; 1998 Code, sec. 34-71; 2013 Code, sec. 12-70)
No junk dealer or secondhand dealer shall purchase or receive in pledge or on deposit for any purpose any article from any minor or which may be owned or claimed by or in the possession of or control of any minor unless the parent or guardian of the minor shall state in writing that such transaction took place with such parent’s or guardian’s full knowledge and consent, which written statement shall be signed by the parent or guardian and have thereon the address and telephone number, if any, of such parent or guardian.
(1976 Code, sec. 10-61; 1998 Code, sec. 34-72; 2013 Code, sec. 12-71)
No junk dealer or secondhand dealer shall transact or engage in business within the city unless or until he shall have obtained an annual license therefor, which license may be procured by complying with the following provisions:
(1) 
Information to be shown on application.
An applicant for a license shall make request therefor in writing addressed to the city secretary, which application shall contain the name, residence, and street number and such other reasonable information as will identify such applicant, together with the classification of such applicant, in case of a firm or corporation, in which event the application shall show the individual members of the partnership and officers of the corporation.
(2) 
Compliance with ordinances.
The license hereby applied for shall be subject to all the provisions and regulations of this code and other ordinances of the city related to junk, junk dealers and secondhand dealers.
(3) 
License fee.
The annual license fee for licenses under this section shall be as established by the city council.
(4) 
Application to be signed and sworn to.
Such application shall be signed and sworn to by the person applying therefor before some officer authorized by law to administer oaths.
(5) 
Issuance of license.
Each application shall be presented to the city secretary, who shall issue a license to the applicant upon compliance of the applicant with the terms of this article.
(1976 Code, sec. 10-52; 1998 Code, sec. 34-63; 2013 Code, sec. 12-62)
Every junk dealer and secondhand dealer, while engaged in the prosecution of his business, shall have posted and available for inspection at all times his license to engage in such business.
(1976 Code, sec. 10-53; 1998 Code, sec. 34-64; 2013 Code, sec. 12-63)
No junk dealer or secondhand dealer shall assign or knowingly permit his license to be used by another, and no person shall use the license of any such dealer except his own, in disposing of junk or merchandise as enumerated in this article.
(1976 Code, sec. 10-54; 1998 Code, sec. 34-65; 2013 Code, sec. 12-64)
Conviction for violating any of the provisions of this article shall be sufficient cause for the cancellation of the license within the discretion of the city council.
(1976 Code, sec. 10-55; 1998 Code, sec. 34-66; 2013 Code, sec. 12-65)