(A) No person shall conduct or maintain any store, building, premises or place for the purpose of engaging in the business of buying or selling junk; used, old or second hand iron, brass, copper, tin, zinc or any other material; rags; rubber; bottles; papers or any other like material or by product, either at wholesale or retail or in the business of buying old and second hand automobiles for the purpose of wrecking them and disposing of that wreckage as parts, junk or otherwise, either at wholesale or retail, in the city unless that person first procures a license to do so.
(B) Any person desiring to conduct or maintain any store, building, premises or place for the purpose of engaging in the business of buying or selling junk or any of the materials or articles set forth in division (A) of this section or in the business of buying old and second hand automobiles for the purpose of wrecking them and disposing of that wreckage as parts, junk or otherwise, either at wholesale or retail, as provided in division (A) of this section, shall make application in writing to the City Clerk for a license to do so specifying the street and house number of the building in which that person intends to carry on that business. No person shall, by virtue of one license, conduct or maintain more than one store, building, premise or place of business.
(C) Every person licensed to conduct or maintain any such store, building, premise or place for the purpose of engaging in the business of buying or selling junk or other materials and articles, as enumerated in division (A) of this section, shall keep a book in which shall be written legibly in ink, at the time of the purchase, taking or receiving of any junk, articles or materials enumerated in division (A) of this section, an accurate account and description in the English language of the junk, articles or materials purchased, taken or received, the amount of money paid for it and the date of purchasing, taking or receiving it and the name, residence or place of business of the person from whom it was purchased or received. That record shall be at all times open for inspection by the Chief of Police or any member of the Police Department ordered by the Chief of Police to examine it. All junk, materials or articles purchased, taken or received shall be retained by the person engaging in the business described in division (A) of this section for a period not less than 48 hours before disposing of the records.
(D) No person shall collect or peddle iron, brass, copper, tin, zinc, rags, bottles, feathers, papers or junk of any description in or along the city streets and alleys without first having obtained a junk peddler’s license.
(E) Any person desiring to procure a junk peddler’s license shall apply for it in writing, giving to the City Clerk his or her full name, age and address. That application shall be signed by at least two residents of the city, in the presence of the City Clerk, stating that they are personally acquainted with the applicant and know him or her to be a bona fide city resident. The application for a license shall be made in person by the party to whom the license is to be issued. Only one license shall be issued to one person for any one period.
(F) All licensed junk peddlers shall wear a badge of metal, three inches in diameter, on the front of the outside garment, with the registered number of his or her license in plain figures on that badge, which shall be furnished by the City Clerk.
(G) For engaging in the business of buying or selling junk or other materials and articles, as described in division (A) of this section, the applicant shall pay to the City Clerk the sum of $25 as a license fee, whereupon the City Clerk shall issue to the applicant a license for the term of one year. For engaging in the business of junk peddler as described in division (D) of this section, no license fee shall be required, but the City Clerk shall issue to the applicant a license for the period of one year.
(H) Every person engaged in business as described in division (E) of this section or engaged in the business of junk peddler, as described in division (E) of this section, with management or control of any wagon, truck or other vehicle or conveyance while traveling over the city streets or alleys used in the carrying or transportation of any of the materials or articles described in the foregoing subsections of this section shall provide and equip that wagon, truck, vehicle or conveyance with beds lined with metal to prohibit junk or other articles or materials, as described in division (A) of this section, from escaping through openings or cracks in those beds on to the city streets or alleys.
(I) Any person who violates any provision of this section shall be deemed guilty of an ordinance violation, and upon conviction, shall be fined as set forth in § 10.99. Each day a violation continues shall be deemed a separate offense.
(1985 Code, § 25-21-1-1) (Ord. 17-1930, passed 11-18-1930)
Statutory reference:
Junk dealers, necessity for license, see I.C. 25-21-1-1
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CARNIVAL. Any traveling group, organization or collection of persons, animals or devices, amusement rides, merchandise booths, animal exhibitions, exhibits of skill or chance under separate enclosures or tents, all constituting part of or parts of a public attraction, and into which an admission fee is charged or which separate attractions, individually, charge an admission fee.
CIRCUS. Any traveling group, organization or collection of persons, animals or amusement devices presenting within an enclosure or tent and any program of human or animal skill or entertainment, for which an admission fee is charged.
SIDE SHOW. Any collection of entertainments or amusements connected with or part of any circus, under a separate tent or enclosure, for which an admission fee is charged, separate and in addition to the circus admission fee.
(B) No person shall give, present or participate in the giving of or presentation of any carnival, circus or side show without first having secured from the City Clerk a license or permit to do so, as provided in this section, and otherwise complying with the provisions of this section.
(C) For any carnival, circus or side show, the license fee shall be $25 per day.
(D) The City Clerk shall provide forms setting forth the fee and acknowledging its receipt. The cost for those forms shall be paid out of the City General Fund.
(E) The City Clerk, upon receipt of notice or information of the appearance of any carnival, circus or side show in the city, shall make demand upon the owner, owners, managers, promoters or sponsors of that circus, carnival or side show to comply with the provisions of this section.
(F) If any person fails to conform to the provisions of this section, that person shall be deemed guilty of an ordinance violation and, upon conviction, may be fined a sum double the amount set forth in this section as license fee, covering the act complained of, to which shall be added the lawful costs of that prosecution. Each day’s failure to secure that license shall constitute a separate offense.
(G) The City Clerk shall attach by legal process the goods and chattels of any convicted violator of this section until all fines, costs and penalties shall have been fully satisfied.
(1985 Code, § 36-8-2-9) (Ord. passed 5-6-1854; Am. Ord. passed 5-15-1906; Am. Ord. passed 11-5-1907; Am. Ord. 11-19-1907; Am. Ord. passed 12-3-1907; Am. Ord. passed 5-5-1908; Am. Ord. passed 3-1-1910; Am. Ord. passed 5-20-1914; Am. Ord. 11-1931, passed 4-17-1931)
Statutory reference:
Regulation of public gatherings, see I.C. 36-8-2-9
(A) Bowling alleys.
(1) No person shall own or operate any bowling alley within the city without first obtaining a license to do so.
(2) The City Clerk shall issue a license under this subsection after the applicant pays the sum of $5 for each bowling lane. That license shall expire one year from the date of its issuance.
(B) Amusement devices.
(1) No person shall own, keep, control, manage, exhibit or display any:
(a) Manually, electrically or mechanically operated game, unit, instrument, machine or equipment, including but not limited to video games or machines, board games or machines and equipment or devices of any other character used in connection with games of skill, for sport or for entertainment;
(b) Coin or token operated table, game, device, machine, instrument or equipment used in connection with games of skill, for sport or for entertainment, including music machines, but excepting merchandise or supply vending machines which give full value in merchandise or supplies for the token or coin placed therein without first having obtained a license for those devices under this section.
(2) No person shall operate, exhibit or display any of the games, devices, equipment, instruments or machines coming under the provisions of subsection (B)(1) without first having secured a license from the City Controller. The application for a license shall contain the following information:
(a) The name and address of the owner of such amusement device;
(b) The place where the device is to be operated, exhibited, displayed or given spaces for public patronage;
(c) The name of the operator of that place;
(d) The name and address of the owner or lessee of that place;
(e) Whether the owner of the amusement device and the operator of that place have ever been convicted for a violation of any city ordinance except traffic offenses or state law and specifying the nature and dates of those convictions, if any.
(3) The license fees under this section for each licensed unit shall be $25 per year, except music boxes, for which the license fee shall be $10 per year. These permits shall continue in effect for one year from the date of their issuance and shall be continuously displayed in a prominent place near the game, device or machine for which it was issued. No license shall be transferred from one person to another person without the consent of the City Controller first having been obtained. No license shall be transferred from one place to another. No license shall be transferred from one amusement device to another without the consent of the City Controller first having been obtained.
(4) Every license issued under this section is subject to the right of revocation under I.C. 36-4-5-5.
(5) No licensed game, table, machine or device shall be displayed or used for public patronage in any building within 350 feet of any entrance to any elementary, secondary or high school building.
(6) Nothing in this section is intended or shall be construed as authorizing or permitting the operation or exhibition or any gambling device or game which is not or hereafter may be prohibited by law.
(C) Penalty. Any person who violates any provision of this section shall be deemed to have committed an ordinance violation and, upon conviction, shall be fined as set forth in § 10.99. Each day a violation occurs or continues shall constitute a separate offense.
(1985 Code, § 36-8-2-10) (Ord. passed 9-20-1989; Am. Ord. passed 9-20-1989; Am. Ord. passed 10-3-1899; Am. Ord. 17-1935, passed 1-7-1936; Am. Ord. 8-1949, passed 6-7-1949; Am. Ord. 3-1981, passed 3-19-1981)
Statutory reference:
Regulation of businesses and professions, see I.C. 36-8-2-10