ARTICLE 13.1:
JUNK DEALERS – PERMIT AND REGULATION

Sec. 974.1.	Definitions.
Sec. 974.2.	Collecting, Buying, Selling, or Disposing of Junk; Permit Required.
Sec. 974.3.	Application for Junk Dealer Permit.
Sec. 974.4.	Contents of Application.
Sec. 974.7.	Verification of Application.
Sec. 974.8.	Notice of Hearing.
Sec. 974.9.	Referral of Applications to Other Departments.
Sec. 974.10-1.	Issuance of Junk Dealers Permit.
Sec. 974.11.	Suspension or Revocation of Permit.
Sec. 974.12.	Name and Place of Business – Change of Location.
Sec. 974.13.	Transfer of Permit.
Sec. 974.14-1.	Operation of a Junk Dealer.
Sec. 974.14-2.	Prohibitions on Particular Purchases.
Sec. 974.15.	Holding Period Exemption.
Sec. 974.16.	Holding Period Exemption (Continued).
Sec. 974.17.	Holding Period Exemption (Continued).
Sec. 974.20.	Computation of Time.
Sec. 974.21.	Penalty and Enforcement.
Sec. 974.22.	Suspension for Immediate Threat to Safety.
Sec. 974.25.	Severability.

 

SEC. 974.1. DEFINITIONS.

   (a)   Except as otherwise specified in this section, the terms used in this Article, including "junk," "junk dealer," and "junk yard," shall have the same meaning as those terms are defined in California Business and Professions Code, Chapter 9, Article 3, Section 21600 et seq., including as those sections are hereafter amended.

   (b)   Chief of Police. The Chief of the San Francisco Police Department, or designee.

   (c)   Covered Crime(s). The crimes of assault, battery, burglary, robbery, theft including identity theft, receipt of stolen property, fraud, and any offense related to environmental crimes including the improper maintenance, disposal or release of hazardous materials, committed anywhere in the United States of America.

   (d)   Hazardous Materials shall be those materials defined in San Francisco Health Code Article 21, Division 1, Section 1102.

   (e)   Prevailing Party. Prevailing Party has the same meaning as set forth in California Code of Civil Procedure Section 1032, or any successor provision. "Prevailing Party" includes the City and County of San Francisco in actions where the City and County obtains an injunction and/or civil penalties or other monies under Section 974.21 et seq. or under State law.

(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 389-91, App. 10/31/91; Ord. 69-05, File No. 050178, App. 4/15/2005; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)

SEC. 974.2. COLLECTING, BUYING, SELLING, OR DISPOSING OF JUNK; PERMIT REQUIRED.

   (a)   A person may collect, buy, sell or otherwise dispose of junk within the City and County of San Francisco only if that person holds a current and valid junk dealer permit, is an authorized agent of a junk dealer permittee, or falls within one of the enumerated exclusions in subsection (c) below.

   (b)   It shall be unlawful for any person to engage in, conduct, or carry on the business of junk dealer in the City and County of San Francisco without first securing a permit therefor from the Chief of Police.

   (c)   Exclusions.

      (1)   A recycler, processor, recycling center, or noncertified recycler, as those terms are defined in Chapter 2 (commending with Section 14502) of Division 12.1 of the California Public Resources Code shall not be subject to the requirements of this Article, but shall be regulated by provisions of Chapter 9, Article 3 (commencing with Section 21600) of the California Business and Professions Code; and

      (2)   Persons excluded from the state law junk dealer requirements as described in California Business and Professions Code Section 21604.

   (d)   As of June 30, 2013, all existing permits issued by the San Francisco Police Department to junk dealers under Police Code Sections 974.1 et seq. and to junk gatherers under Police Code Sections 895 et seq. shall expire. All persons wishing to conduct business in the City and County of San Francisco as a junk dealer after June 30, 2013, must apply for and obtain a new permit pursuant to this Article.

   (e)   As of July 1, 2013, a junk dealer permit issued to a junk dealer operating in conjunction with a junk yard shall authorize the permittee to operate for one year from the date the Chief of Police issues the permit, unless the Chief of Police suspends or revokes the permit. As of July 1, 2013, all other junk dealer permits shall authorize the permittee to operate for two years from the date the Chief of Police issues the permit, unless the Chief of Police suspends or revokes the permit. Each junk dealer permit shall expire at the end of the applicable permitting period. Notwithstanding Section 2.10 of the Police Code, a permittee wishing to operate beyond the applicable permit term must renew the junk dealer permit before the existing permit expires.

   (f)   After a noticed public hearing, the Chief of Police may adopt such rules and regulations to effect the purposes of this Article as are not in conflict therewith.

   (g)   All junk dealers must post the junk dealer permit in a conspicuous place visible to the public within any junk yard or building used to conduct the business of a junk dealer. In addition all junk dealers must maintain a copy of the junk dealer permit in any vehicle used by the junk dealer and with any authorized agent. All junk dealer permits must be provided to law enforcement personnel for inspection upon request.

(Added by Ord. 136-75, App. 4/14/75; amended by Ord. 389-91, App. 10/31/91; Ord. 2-13 , File No. 120434, App. 1/24/2013, Eff. 2/23/2013)