(A) Definition. USED METAL DEALER means a person who keeps, conducts or maintains a building, structure, yard or place for keeping, storing or piling in commercial quantities whether temporarily, irregularly or continually, or for buying or selling at retail or wholesale or dealing in any old, used or second-hand rubber, iron, brass, copper or other metal, including used parts of motor vehicles, whether with a fixed place of business or as an itinerant.
(B) License required. It is unlawful for any person to engage in the business of, or operate as, a used metal dealer without a license therefor from the city.
(C) Bond required. Each applicant for a license under this section shall be accompanied by a bond in the penal sum of $1,000 conditioned on the licensee strictly keeping and of serving all provisions of the city code and other laws relating to the licensed business.
(D) License regulations and restrictions.
(1) In addition to the Chief of Police, the premises proposed to be licensed shall be inspected by the Fire Chief and the Building Official to determine whether or not the business can be safely and lawfully operated thereon. The premises and all structures thereon shall be so situated and constructed that the business of used metal dealer may be carried on in a sanitary manner, shall contain no fire hazards, and shall be arranged so that thorough inspection may be made at any time by the proper health, fire, building and police authorities.
(2) Each of the premises upon which the business is to be earned on shall be enclosed by a proper fence or other structure not less than seven feet in height, constructed so that no dust or other material may pass through. The enclosure shall be maintained in good condition at all times. No article shall be piled so as to protrude above the enclosure.
(3) No applicant to whom a license has been refused, shall make further application until a period of at least six months shall have elapsed since the last previous rejection unless he or she can show that the reason for the rejection no longer exists.
(4) No license as a used metal dealer shall be granted to any person who has been convicted within two years of the date of application of a violation of this section; nor to any person who has within five years of the date of application been convicted of a felony.
(5) The issuance of a license shall not entitle the holder thereof to buy, sell, keep, store, pile or deal in any old, used or second-hand material of any kind other than the materials listed in division (A) above.
(6) No licensee shall remove his or her place of business from the place designated in the license until a written permit has been secured from the city and the same shall have been endorsed upon the license.
(7) No used metal dealer shall carry on the business at or from any other place than the one designated in the license therefor. Nor shall the business be carried on after the license has been revoked or has expired. No used metal dealer shall make any purchase from any person, or receive any articles, between the setting of the sun and 7:00 a.m. in the morning. No used metal dealer shall purchase or acquire from a person under the age of 18 years any of the materials listed in division (A) above, without the written consent of a parent or guardian. No items shall be acquired from any intoxicated person.
(8) The contents of the premises of every used metal dealer shall be arranged in an orderly manner with all similar things located together so as to facilitate inspection by the proper authorities. The premises of every used metal dealer shall be subject to inspection by the city at any time. All articles received shall be retained for ten days before disposal.
(9) It is the duty of every licensee hereunder to keep in such form as the Chief of Police may prescribe, a record of articles purchased and sold, including an accurate description of parts and accessories of wrecked motor vehicles, the name and residence of the person from whom each article was purchased and the day and hour of the purchase and the price paid.
(10) No person shall knowingly buy, sell, receive, dispose of, conceal or have in his or her possession any motor vehicle part or accessory from which the manufacturer’s serial number or any other number or identification mark has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the vehicle, part or accessory. Every person to whom is offered for sale, storage or wreckage any motor vehicle, part or accessory from which has been removed, defaced, covered, altered or destroyed the manufacturer’s serial number or any other number or identification mark shall immediately notify the Chief of Police of the offer.
(11) If any goods, articles or things whatsoever shall be advertised in any newspaper printed in the city, as having been lost or stolen, and the same, or any answering the description advertised, or any part or portion thereof shall be or come into possession of any used metal dealer, he or she shall give information thereof, in writing to the Chief of Police, and state from whom the same was received. Any used metal dealer who shall have received any goods, articles or things lost or stolen, shall exhibit the same on demand to any police officer.