[Adopted as Art. IV of Ch. 16 of the 1975 Municipal Code]
For the purposes of this article, the following definitions shall apply:
JUNK DEALER
Any person engaged in the business, retail or wholesale, or both, of buying, selling and trading in old metals, machinery, parts, paper, clothing, glass and other worn-out or unusable material, except primarily for salvage, as well as the definition contained in § 60 of the General Business Law.
JUNKYARD
Any place of business where a junk dealer collects, buys, sells, trades, processes, dismantles, separates, stores or otherwise handles old metals, machinery, parts, paper, clothing, glass and other worn-out or unusable material, except primarily for salvage.
SECONDHAND DEALER
Any person engaged in the business, retail or wholesale, or both, of buying, selling and trading in used furniture, appliances, tools, household furnishings, clothing and other personal items used about the home or place of residence and primarily intended for resale and reuse of the same in the same manner and for the same purpose that such items were originally manufactured.
[Amended 11-5-1980 by Ord. No. 80-13; 8-5-1992 by L.L. No. 3-1992]
No person shall engage in or carry on the business of junk dealer or secondhand dealer without first procuring the appropriate license therefor from the City Clerk, with the approval of the Chief of Police.[1]
[1]
Editor's Note: Original § 16.43, Only one license required, which immediately followed this section, was deleted 8-5-1992 by L.L. No. 3-1992.
A. 
The annual fees for licenses required by this article are hereby fixed as follows:
(1) 
Wholesale or retail junk dealers: $5.
(2) 
Secondhand dealers: $5.
B. 
Additional fees. Every person engaged in the business of dealing, purchasing, selling, collecting, keeping or storing secondhand articles of any kind doing business under a license as provided by this article shall be entitled to the use of one vehicle for the collecting of such articles but must pay an additional fee of $3 for each additional vehicle and for each additional employee operating as a collector.
[Amended 8-5-1992 by L.L. No. 3-1992]
Licenses shall not be transferable without the written endorsement of the Chief of Police.
A. 
Secondhand dealers. Every person engaged in the business of dealing in, purchasing or selling secondhand articles shall keep a book in which shall be fairly written at the time of purchasing such articles an account and description of the articles so purchased, the name address and age of the seller, the identification shown by the seller, the price paid for the article or articles, the date of the sale and the signature of the seller acknowledging said sale. Said books shall be kept clean and legible with no entry therein erased, obliterated or defaced, and such books shall at all reasonable times be open to the inspection of the Chief of Police or Detective Sergeant of the city, or either of them, or of any person who shall be duly authorized, in writing, for that purpose by either of them and who shall exhibit such written authority to such secondhand dealers. Such secondhand dealers shall require the above-referenced information to be entered in said book before purchasing such secondhand articles.
[Amended 2-2-1977 by Ord. No. 77-1]
B. 
Junk dealers. In addition to the requirements of § 62 of the General Business Law, every junk dealer shall keep the same records under the same conditions as required under Subsection A of this section.
In addition to the requirements contained in § 63 of the General Business Law, no engine, automobile, article of jewelry or silverware so purchased or received by any licensed junk dealer or secondhand dealer shall be altered, broken up, taken apart, defaced, sold or otherwise disposed of within five days from the day it was so purchased or received by said dealer, except that such articles or property may be disposed of within said period of five days, provided that such junk dealer or secondhand dealer shall have secured permission to do so from the Chief of Police or other officer in charge at police headquarters.
Each place of business where a junk dealer or secondhand dealer shall conduct business within this City shall require a separate license.
Every person engaged in the business of dealing in, purchasing, selling or storing secondhand articles of any kind who buys of peddlers, collectors or junk dealers shall furnish the Police Department with the name and address of each such peddler, collector or junk dealer before 10:00 a.m. of the day succeeding such purchase, unless the same has heretofore been furnished by such person, as provided by this article.
It shall be unlawful for any person carrying on the junk business or engaged in or conducting the business of purchasing or selling secondhand articles of any kind to make any purchase from any person under 16 years of age.
No person shall maintain or operate or allow to be maintained or operated within the limits of the City a place for dumping or accumulation of junk, old metal, paper, cloth or rubber or dismantled, abandoned or worn-out motor vehicles and parts thereof unless such person complies with the following requirements:
A. 
Compliance with article. The provisions of this article shall be fully complied with by the proprietor.
B. 
Fence.
(1) 
Height; condition. All such junkyards or accumulation places as aforesaid shall be completely enclosed by a solid fence at least eight feet in height and kept in good repair, and the junk or accumulations stored within such fence shall be so located as not to be visible above said fence from a point in the middle of the highway adjoining.
(2) 
Setback. All such fences which abut a public street shall be set back at least six feet from the public sidewalk. If there is no such sidewalk, then such fence shall be at least 25 feet from the edge of the public street or highway.
C. 
Care of junk materials. All junk motor vehicles or parts thereof shall be piled neatly so as to eliminate all fire hazards and shall be cared for in such a way that no unpleasant odor shall arise therefrom.
[Amended 8-5-1992 by L.L. No. 3-1992]
A. 
Any person violating any provision of this article shall be punishable as provided in Chapter 1, General Provisions, Article I, Penalties, of this Code.
B. 
Each day that a junkyard or accumulation place is operated or maintained in violation of § 232-30 shall be considered a separate offense and be punishable as such.