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Every licensee under this article shall provide access to the premises where business is conducted or property is stored, to any police officer, Building Inspector or the Fire Marshal, without warrant, during regular hours of business, or at any time the licensee or his agent are on the premises.
(Ord. 2945, passed 3-11-1985)
(a) No licensee under this article or employee thereof, shall conceal or misrepresent the identity by removing, concealing, defacing, adding to, substituting or altering the serial number or manufacturer’s number on any motor vehicle, motor, appliance, mechanical device, watch, clock, camera, precision instrument, outboard motor, radio, shotgun or any other article or thing whereon the manufacturer has placed numbers for the purpose of identification. By altering or replacing any part of such article or thing bearing the serial or manufacture’s number with a new or replaced part upon which the proper serial or manufacturer’s number has not been stamped or placed.
(b) No person licensed under this article shall deal in, or possess any motor vehicle, motor, appliance, mechanical device, watch, clock, camera, precision instrument, outboard motor, radio or other article or thing from which the serial numbers have been removed, concealed, defaced, added to, substituted or altered.
(c) In all prosecutions under this section, possession by any dealer, distributor, wholesaler or person, firm, copartnership or corporation in the business of buying and selling of any motor vehicle, motor, appliance, mechanical device, watch, clock, camera, precision instrument, outboard motor, radio, or other article or thing with the manufacturer’s number or identification number removed, concealed, defaced, added to, substituted or altered, shall be prima facie evidence of violation of the provisions of this section.
(Ord. 2945, passed 3-11-1985)
(a) Whenever a law enforcement official from any agency notifies a dealer not to sell an item, the item must not be sold or removed from the premises. If the hold was conveyed verbally, the hold shall be confirmed by the investigating agency within seventy-two (72) hours either in writing or by electronic transmission. The order to hold an item shall expire sixty (60) days from the date it is placed unless the holding agency seizes the item as evidence or determines the hold is still necessary and notifies the business in writing or by electronic transmission to continue the hold for an additional sixty (60) days.
(b) If an item is identified as stolen, or as evidence in a criminal case, by any law enforcement agency, the investigating agency may, but is not limited to:
(1) Seize the item and retain it as evidence; or
(2) Place the item on hold and extend the hold as provided in this section; and/or,
(3) Photograph, videotape or otherwise electronically capture the item; and/or,
(4) Order the item released to the proper owner, after the owner has paid the cost of the item paid by the business.
(c) All holds on any item shall expire one hundred-twenty (120) days from the date the hold was issued, and the business holding the property may dispose of it as if a hold had never been placed unless the item is necessary, for evidentiary purposes, for an investigation which has resulted in criminal charges being brought. In that case, the investigating agency may continue the hold past 120 days and until the case is resolved. The investigating agency must notify the business, in writing, on official departmental letterhead, of the following:
(1) The need for the item to be held further; and,
(2) The agency complaint or case number; and,
(3) The name and telephone number of the investigating officer(s); and,
(4) The name of the court and the court docket number assigned to the case.
(d) It is the sole responsibility of the investigating officer, and/or their agency, to notify the business promptly when the case is resolved and there is no longer a need to hold the item.
(Ord. 3579, passed 6-30-2004)
No person, corporation, partnership, copartnership or association shall sell or purchase by sale, barter, exchange or otherwise, an article under a license issued pursuant to this chapter from or to any person, corporation, partnership, copartnership, or association between the hours of 9:00 p.m. and 7:00 a.m. of the following day. In addition, no person, corporation, partnership, copartnership, or association shall sell or purchase by sale, barter, exchange or otherwise, any junk between the hours of 6:00 p.m. and 7:00 a.m. the following day.
(Ord. 426, passed 5-26-1941; Ord. 3580, passed 6-30-2004)
Every person licensed under this article shall post in a conspicuous place in or upon his shop, store, wagon, vehicle, barn or other place of business, a sign having his name and occupation legibly inscribed thereon, and shall keep a separate book, or electronic record, open to inspection by members of the police force, Sheriff’s office and other public officers, in which shall be written in the English language at the time of the purchase or exchange of such article or junk all information required under the applicable ordinances in this article and the following:
(a) A description of such articles or junk; including salvaged iron, aluminum, brass, lead, copper and other base metal and their compounds or combinations, the quantity and/or weight of such items;
(b) The name, description and residence of the person, including the driver’s license number and the vehicle license number or a non-driver’s license identification number, from whom the same was purchased and received; and
(c) The day and hour when the purchase or exchange was made.
(Ord. 426, passed 5-26-1941; Ord. 2945, passed 3-11-1985; Ord. 3581, passed 6-30-2004)
(a) Articles or junk purchased or exchanged shall be retained by the purchaser thereof for not less than 15 days before disposing of them, in an accessible place in the building or other suitable location, where such articles or junk are purchased and received. A tag shall be attached to such articles or junk in some visible and conspicuous place with a number written thereon to correspond with the entry number in such book or electronic record. For items not reported electronically, such purchaser shall prepare and deliver on Monday of each week to the Chief of Police before noon, a legible and correct copy, written in the English language, from such book, containing a description of each article or junk, including, for salvaged iron, aluminum, brass, lead, copper and other base metal and their compounds or combinations, the quantity and/or weight of such items, purchased or received during the previous week, the hour and day when the purchase was made and the description of the person from whom it was purchased. Such statement shall be verified by the affidavit of the person subscribing his name thereto; provided that this section shall not apply to old rags or waste paper; provided further that the 15-day retention requirement shall not apply to licensed scrap iron and metal processors and recyclers.
(b) Any person who is engaged in the business of buying, exchanging, collecting, receiving, storing or selling any used motor vehicle(s) for the purpose of wrecking or salvaging parts therefrom shall report each such transaction to the City of Flint Police Department within five business days (excluding Saturday and Sunday) from the date of the transaction. Such report shall contain, as to each transaction, a description of each such motor vehicle acquired, including its vehicle identification number, the hour and day when the purchase was made and a description of the person from whom it was acquired. Such report shall be on forms approved by the City of Flint Police Department and shall be made under oath. The used motor vehicles shall be retained in the same physical state in which they were at the time of acquisition for a period of five business days (excluding Saturday and Sunday) after the time the report is received by the City of Flint Police Department before being disposed of or altered in any fashion.
(Ord. 426, passed 5-26-1941; Ord. 2647, passed 6-26-1978; Ord. 2945, passed 3-11-1985; Ord. 3582, passed 6-30-2004)
No person shall receive any article from any person who is at the time intoxicated or from any habitual drunkard or from any person known by said person to be a thief or an associate of thieves or a receiver of stolen property, or from any person whom he has reason to suspect is not the owner of the property or from any minor under the age of eighteen (18) years without consent of the parents of such minor.
(Ord. 426, passed 5-26-1941; Ord. 1685, passed 7-23-1962; Ord. 2334, passed 10-26-1970; Ord. 2945, passed 3-11-1985)
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