(A) License required.
(1) Junk dealers, as defined in this chapter, doing business in the city shall have a license unless otherwise exempt.
(2) Any bona fide automobile establishment conducted solely and exclusively for the sale of used automobiles is exempt from the licensing requirements of this section.
(B) Bond required. Every application for a license as a junk dealer shall be accompanied by a bond to the city in the penal sum in an amount that shall be determined by the City Council, with surety approved by the City Recorder. The bond shall be for the term of the license and shall be conditioned upon due observance of the provisions of all city ordinances and all laws applicable to junk dealers.
(C) Record keeping. A junk dealer conducting an establishment, or an itinerant junk dealer, shall keep a daily ledger, written in indelible form, of all junk or articles purchased, including a description thereof, name, and address of the person from whom purchased or acquired, day, and hour of purchase, and price paid. Such record shall be open for inspection by any law enforcement officer at all reasonable times. No entry in such records may be changed, erased, obliterated, or defaced.
(D) Premises.
(1) The premises and structures of a junk dealer shall be kept in a sanitary manner.
(2) Representatives of the law enforcement office may go upon and inspect such premises at all reasonable times.
(3) The premises upon which the business of a junk dealer is carried on shall be enclosed by a proper fence or other structure not less than six feet high above the street level, constructed so that no dust or other material may pass through, and kept properly painted and in good repair.
(4) No material or article shall be piled so as to protrude above the fence.
(5) No street, sidewalk, or portion thereof, may be used at any time to store, pile, or maintain any junk, except as necessary in the actual moving of such material.
(E) Purchases from minors restricted. A junk dealer shall not purchase or acquire from any person less than 18 years of age any junk, except old rags or paper, without the written consent of the parents or the guardian of such person.
(F) Retention of articles.
(1) All junk purchased or received shall be retained for five days before disposal, except old rags and paper.
(2) Whenever any junk dealer is notified by a law enforcement officer to retain any article purchased by such dealer so that law enforcement can ascertain whether the article is stolen, the dealer, upon receipt of the notice, shall retain at the place of business such articles for 15 days after receipt of the notice. Any junk purchased by the dealer, which is determined to be stolen property, may be seized by law enforcement and may be returned to the rightful owner without any recovery of purchase price to the dealer from the owner or the city.
(Ord. 726, passed 12-14-2015) Penalty, see § 110.99