For the purpose of this chapter, certain words and phrases are
defined and certain provisions shall be construed as herein set forth,
unless it is apparent from the context that a different meaning is
intended:
"Junk collector"
means any person not having a fixed place of business in the city, but who personally or by representatives goes from house to house, or from place to place gathering, collecting, buying, selling, or otherwise dealing in any old rags, sacks, bottles, cans, papers, metals, automobile or bicycle parts, old automobiles or bicycles which are collected, bought. sold or otherwise dealt in after being dismantled or taken apart, or other articles commonly known as "junk." (Refer to Section
5.08.250 for license fee. Refer to Section
5.08.490 for permit fee and procedure.)
"Junk dealer"
means any person having a place of business in the city and engaging in the business of buying, selling or otherwise dealing in, either wholesale or retail, any old rags, sacks, bottles, cans, papers, metals, automobile or bicycles, which are collected, bought, sold or otherwise dealt in after being dismantled or taken apart, or other articles' commonly known as "junk." (Refer to Section
5.08.260 for license fee. Refer to Section
5.08.490 for permit fee and procedure.)
"Pawnbroker"
includes the business of loaning money upon personal property
and reselling or agreeing to resell such articles to the vendor or
other assignees at prices previously agreed upon.
It does not include the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the state. Nothing contained herein shall authorize the chief of police to issue any pawnbrokers permit so that the number of pawnbrokers operating within the city at any one time shall exceed three. (Refer to Section 5.08.310 for license fee. Refer to Section 5.08.490 for permit fee and procedure.)
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"Secondhand dealer"
means any person carrying on the business of buying, selling, or otherwise dealing in secondhand goods, wares, or merchandise. (Refer to Section
5.08.250 for license fee. Refer to Section
5.08.490 for permit fee and procedure.)
(Prior code § 16-510; Ord. 69-O-101 § 1, 1969; Ord.
71-O-119, 1971)
Every pawnbroker on each day before the hour of ten thirty a.m.,
shall make out and deliver to the chief of police on a blank form
to be obtained by such pawnbrokers from the office of the chief of
police for that purpose, a full, true, and complete report of all
goods, wares, merchandise or things received on deposit, pledged or
purchased or taken in trade during the day preceding the filing of
such report. Such report shall show the hour of the day when such
articles were received on deposit, pledged or purchased or taken in
trade, and the true signature and address of the person or persons
by whom such article was left on deposit, pledged, sold or traded,
together with a description of such person or persons. The description
to be given of every such person shall show the style of dress, height,
age, complexion, color of mustache or beard or both, where the same
are worn, and if neither is worn, such fact should be noted. Such
report shall also show the number of pawn tickets, amounts loaned,
amount purchased, and a complete description of each article left
on deposit, pledged, purchased or traded. If any article so left on
deposit, pledged, purchased or traded has engraved thereon any number,
word or initial, or contains any settings of any kind, the description
of such report shall contain such number, word or initial, and shall
show the kind of settings and the number of each kind. Blanks to be
obtained from the office of the chief of police, as herein provided,
shall bear a caption providing blank spaces in which shall be written
or printed the date of such report, the name and place of business
of the person making the same, and the hour of the day when the same
is received at the office of the chief of police. Such blanks shall
be so printed and subdivided as to contain spaces with proper captions
for the furnishing of information required by this chapter.
(Prior code § 16-511; Ord. 69-O-101 § 1, 1969)
Every secondhand dealer, junk dealer or junk collector on each
day before the hour of ten thirty a.m., shall make out and deliver
to the chief of police on a blank form to be obtained by such secondhand
dealer, junk dealer or junk collector from the office of the chief
of police for that purpose, a full, true and complete report of all
goods, wares or merchandise purchased, traded or received during the
day preceding the filing of such report. Such report shall show the
hour of the day when each article was purchased, traded or received
and the true signature and address of the person or persons by whom
each article was sold, traded or delivered, together with a description
of such person or persons. The description to be given of every such
person shall show the style of dress, height, age, sex, complexion,
color of mustache or beard, or both where the same are worn, or if
neither is worn, such fact shall be noted. Such report shall also
show the amount purchased, and a complete description of each article
purchased, traded or received. If any article so purchased, traded
or received has engraved thereon any number, word, or initial, or
contains any settings of any kind. the description of such article
in such report shall contain such number, word or initial, and shall
show the kind of settings and the number of each kind.
Blanks to be obtained from the office of the chief of police
as herein provided, shall bear a caption providing blank spaces in
which shall be written or printed the date of such report, the name
and place of business of the person making the same, and the hour
of the day when the same is received at the office of the chief of
police.
(Prior code § 16-512; Ord. 69-O-101 § 1, 1969)
Every junk dealer or collector shall retain and keep on his
premises, in a separate place designated for that purpose, all metals
such as copper, brass, or other metals, purchased by him in the manner
following: The entire purchase of each day shall be put and kept in
such designated separate place, and the said day's purchase
shall be kept in its original condition, for a period of three days
after purchase or receipt of said copper, brass or other metals, and
shall be at all times open to the inspection of the police department.
Every junk dealer, who has a fixed place of business, shall
on each day, before the hour of ten thirty a.m., make out and deliver
to the chief of police on a form to be obtained by such junk dealer
from the office of the chief of police for that purpose, a full, true
and complete report of all goods, wares and merchandise purchased
or received during the day preceding the filing of such report. Such
report shall show the hour of the day when each article was purchased
or received, and the true name and license number only, if same is
purchased from a junk collector licensed by the city, or if from any
one else, the address, as nearly as the same is known to or can be
ascertained by such junk dealer, of the person to whom such article
was sold or delivered, together with a description of such person
or persons. The description to be given of every such person, other
than a city licensed junk collector, shall show the style of dress,
height, age, sex, complexion, color of mustache or beard, or both,
where the same are worn, or if neither is worn such fact should be
noted. Such report shall also show the amount purchased, and a complete
description of each article purchased or received.
Forms to be obtained from the office of the chief of police
as herein provided, shall bear a caption providing blank spaces in
which shall be written or printed the date of such report, the name
and place of business of the person making the same, and the hour
of day when the same is received at the office of the chief of police.
Such forms shall be so printed and subdivided as to contain
spaces with proper captions for the furnishing of the information
required by this code.
Every junk dealer shall insert on the daily report to the chief
of police hereinabove described the license number of the junk collector,
for the purpose of identification, from whom any goods, wares or merchandise
were purchased during the day preceding the filing of such report.
(Prior code § 16-513; Ord. 69-O-101 § 1, 1969)
Every pawnbroker, secondhand dealer, junk dealer, and junk collector
shall keep a complete record of all goods, wares, merchandise or things
pledged to or purchased or received by him, which record shall contain
all of the matters required to be shown in the reports referred to
and described in this code. Every such record and all goods, wares,
merchandise and things pledged to or purchased or received by any
such pawnbroker, secondhand dealer, junk dealer or junk collector,
shall be open, at all times during business hours to the inspection
of the chief of police or any police officer.
Every pawnbroker, secondhand dealer, junk dealer or junk collector
shall maintain on the premises where said business is located, a sign
plainly printed in the English language of sufficient size so that
the same may be easily read from a sidewalk in front of said place
of business, stating that he is a pawnbroker or secondhand dealer,
or junk dealer, or junk collector. Where said business is conducted
in an office building the sign shall be placed at the door to said
office. Where said business is conducted in a department of any building
the sign shall be placed at the entrance of said department.
(Prior code § 16-514; Ord. 69-O-101 § 1, 1969)
The chief of police shall file in some secure place in his office
all reports received pursuant to the terms of this code, and the same
shall be open to inspection only by members of the police department,
or upon an order of a court of competent jurisdiction made for that
purpose.
(Prior code § 16-515; Ord. 69-O-101 § 1, 1969)
Every report and record required by the terms of this code to
be filed or kept, shall be written or printed entirely in the English
language, in a clear and legible manner.
(Prior code § 16-516; Ord. 69-O-101 § 1, 1969)
No pawnbroker or secondhand dealer shall sell or otherwise dispose
of any article or thing within twenty-one days after such article
or thing has been purchased or received by such pawnbroker or secondhand
dealer.
During said twenty-one day period said article or thing so purchased
shall not be altered, changed or defaced, and shall remain and be
during said period in the same condition as when purchased or received
by the pawnbroker or secondhand dealer, and in no event shall said
dealer dispose of such article or thing within twenty-one days after
report of purchase is made to the police department.
(Prior code § 16-517; Ord. 69-O-101 § 1, 1969)
No junk dealer or junk collector shall sell or otherwise dispose
of any article or thing within three days after such article or thing
has been purchased or received by such junk dealer or junk collector.
(Prior code § 16-518; Ord. 69-O-101 § 1, 1969)
No pawnbroker, secondhand dealer, junk dealer, or junk collector
or his employee or agent shall receive, buy, trade, exchange, receive
on deposit, or accept as a pledge, or otherwise acquire an interest
in any goods or thing from any person under the age of eighteen years.
Any statement made to such permittee, employee or agent by a person
under the age of eighteen years to the effect that he is over the
age of eighteen years shall not excuse such permittee or employee
from any violation of this provision.
(Prior code § 16-519; Ord. 69-O-101 § 1, 1969)
Reports, records, waiting periods before resale, and restrictions
upon purchases from minors, contained in this code, shall not apply
to the purchase or sale by junk dealers or junk collectors of rags,
bottles, other than milk or cream bottles, barrels, cans, shoes, lamps,
stoves, or household furniture (with the exception of sewing machines,
musical instruments, oriental or Chinese rugs and all other merchandise
bearing a serial number), or scrap iron, when bought and sold for
scrap, or the purchase or sale by secondhand dealers of household
furniture, with the exception of sewing machines, all musical instruments,
typewriters, oriental or Chinese rugs, and all other merchandise bearing
a serial number.
(Prior code § 16-520; Ord. 69-O-101 § 1, 1969)
The provisions of this code shall not apply to the receipts
or sale of any secondhand article by any person that received or purchased
such secondhand articles from any other person who has made the required
report to the police department and shall have held the articles for
the length of time provided for herein; provided, however, that such
person is required to report that such articles have been held by
the person, from whom said articles were purchased for the length
of time required by this code.
(Prior code § 16-521; Ord. 69-O-101 § 1, 1969)
No pawnbroker, secondhand dealer, junk dealer or junk collector,
or agent or employee or any such person shall accept any pledge of
or loan any money upon personal property, or purchase or receive any
goods, wares or merchandise or any article or thing or in any manner
whatsoever engage in or conduct any such business between the hour
of seven p.m. of any day, and the hour of seven a.m. of the following
day, or between the hours of twelve midnight on Saturday and the hour
of seven a.m. of the following Monday.
(Prior code § 16-522; Ord. 69-O-101 § 1, 1969)
No person shall sign a fictitious name or address to any bill
of sale for any goods, wares or merchandise referred to herein, or
to any pawnshop ticket or make any false entry in any report or record
required by this code.
(Prior code § 16-523; Ord. 69-O-101 § 1, 1969)
Pawnbrokers, secondhand dealers, junk dealers and junk collectors
shall provide and furnish to the person from which any goods, wares
or merchandise are purchased, a certificate of sale, a duplicate copy
of which shall be kept on file by the purchaser. Said certificate
of sale shall be signed by both the purchaser and seller. Said duplicate
copies of said certificate shall at all times be kept open to the
inspection of the members of the police department.
(Prior code § 16-524; Ord. 69-O-101 § 1, 1969)
If any person carries on, at the same time, more than one of
the businesses referred to in this code, such person shall be deemed
to be carrying on such business separate and apart from the other
such business, and such person shall comply in all respects with the
provisions of this code relating to each such business.
(Prior code § 16-525; Ord. 69-O-101 § 1, 1969)