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No secondhand dealer shall assign or transfer his or her license under this division to another or knowingly permit his or her license to be used by another, and no person shall exhibit or use the license of any secondhand dealer, except one issued to him or her, while engaging in the purchase, sale or trade of secondhand goods, wares and merchandise.
(1964 Code, § 22-5) (Ord. 9175, § 3, passed 8-21-1984)
The chief of police, upon notice and hearing, may revoke the license of any secondhand dealer on any of the following grounds:
(a) The licensee has made a false statement or misrepresentation of a material fact on the sworn application submitted to the chief of police;
(b) The licensee has knowingly failed to make a report as required by § 20-252 or has knowingly recorded false information of a material fact on a report required by such section;
(c) An employee or agent of a licensee has knowingly failed to make a report as required by § 20-252 or his or her knowingly recorded false information of a material fact on a report required by such number under circumstances which indicate that the licensee knew or should have known of his or her employee’s or agent’s conduct;
(e) The licensee has violated any other provision or requirement of this article; and/or
(f) The licensee has been convicted of a felony or any theft offense.
(1964 Code, § 22-6) (Ord. 9175, § 3, passed 8-21-1984)
(a) If the chief of police denies the issuance of a license required by this division or revokes such a license, he or she shall send to the licensee by certified mail, return receipt requested, written notice of his or her action and the right to an appeal. The licensee may appeal the decision of the chief of police to the city council within ten days after receipt of the notice from the chief of police. The action of the chief of police is final unless a timely appeal is made. The filing of an appeal stays the action of the chief of police in revoking a license until the city council makes its final decision. The city council may affirm, reverse or modify the action of the chief of police, and the decision of the city council is final.
(b) When the chief of police revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date the revocation became final. If, subsequent to the revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the licensee may again be granted a license if at least 90 days have elapsed since the date the revocation became final. If the license was revoked under § 20-275(f) of this division, the licensee may not be granted another license within three years of the termination of any sentence, parole or probation.
(1964 Code, § 22-7) (Ord. 9175, § 3, passed 8-21-1984)
A
MOTOR VEHICLE JUNKYARD OR BUSINESS is hereby defined as any business and any place of storage or deposit which displays, or in or upon which there are displayed, to view from a public right-of-way, two or more unregistered motor vehicles which are unfit for reconditioning for use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage or other waste, discarded or secondhand material which has been a part or intended to be a part of any motor vehicle the sum of which parts or material shall be equal in bulk to two or more vehicles.
(1964 Code, § 22-16) (Ord. 6702, § 1, passed 7-31-1972)
Cross-reference:
Definitions and rules of construction generally, see § 1-2
(a) It shall be unlawful for any person, firm or corporation to establish, operate or maintain a motor vehicle junkyard or business unless same is established, operated and maintained in strict compliance with the provisions of the Litter Abatement Act, Tex. Revised Civil Statutes, Article 4477-9a. It shall further be unlawful for a motor vehicle junkyard to be established, operated or maintained unless it is completely surrounded by a fence or structure at least six feet in height and of material which obscures the outside view from the main-traveled way of public rights-of-way.
(b) No such yard or business shall be established, operated or maintained until each of the following additional requirements is met:
(1) Acquisition of proper zoning for the site;
(2) Approval by the board of adjustment;
(3) Issuance of certificate of occupancy by the building official;
(4) Approval by the fire, police, city services and planning and development departments, following inspection by each of such departments; and
(5) Issuance of license by the building official.
(1964 Code, § 22-17) (Ord. 6702, § 1, passed 7-31-1972; Ord. 10661, § 1, passed 8-28-1990; Ord. 17522, § 5, passed 4-24-2007)
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