Avenal Municipal Code Ch. 5 Junk and Secondhand Dealers

Sections: 5-5.01 Definitions. 5-5.02 Permission to engage in business—Required—Applications—Granting—Revocation. 5-5.03 Records—Purchases and receipts. 5-5.04 Records—Sales. 5-5.05 Reports. 5-5.06 Holding period. 5-5.07 Hours of operation. 5-5.08 Purchases, trades, and receipts from minors. 5-5.09 Furnishing false information. 5-5.01 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "Itinerant junk peddler" shall mean a person who goes about from house to house or place to place gathering up, receiving, collecting, buying, or selling secondhand valves, stopcocks, rig irons, cables, boilers, engines, tools, pipe, machinery or parts thereof, appliances, any previously used article or thing, old rope, iron, brass, copper, tin, lead, pieces of metal, wire,

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 11 rags, slush, empty bottles, paper, bagging, or any old article or thing not to be used in its former state or condition. (b) "Junk dealer" shall mean any person who, at a fixed place of business, carries on, conducts, maintains, or engages in the business of buying, selling, or otherwise dealing in or acquiring old rope, iron, brass, copper, tin, lead, pieces of lead, wire, rags, slush, empty bottles, paper, bagging, or any old article or thing not to be used in its former state or condition. (c) "Oil tool exchange" shall mean and include any person having a fixed place of business in the City and engaged in carrying on the business of buying, selling, or otherwise dealing in secondhand oil well tools and oil well equipment. (d) "Secondhand dealer" shall mean any person who, at a fixed place of business, carries on, conducts, maintains, or engages in the business of buying, selling, exchanging, or otherwise dealing in or acquiring any article or thing which has been sold and used before; provided, however, any person dealing in, buying, selling, or exchanging secondhand household furniture or household goods only shall not come within the meaning of this definition nor be regulated by the provisions of this chapter. 5-5.02 Permission to engage in business—Required—Applications—Granting—Revocation. (a) Required. It shall be unlawful for any person to engage in the business of buying, selling, gathering up, or collecting secondhand valves, stopcocks, rig irons, cables, boilers, engines, tools, pipe, machinery or parts thereof, appliances, any previously used article or thing, or old rope, iron, brass, copper, tin, lead, pieces of metal, wire, rags, slush, empty bottles, paper, bagging, or any old article other than those set forth in this section not to be used in its former state or condition, whether at a fixed place of business or as an itinerant junk peddler, or to engage in the business of conducting an oil tool exchange without first making an application to the Police Chief and receiving his permission to engage in such business as provided in this chapter. (b) Applications. Such applications shall be in writing and shall contain the name of the applicant, the persons interested in the business with the applicant, the business address, if at a fixed place of business, or the residence address, if the applicant is an itinerant junk peddler. Such applications shall be filed with the Police Chief together with a fee for the same. The fee shall be established by resolution by the City Council. (c) Granting. The Police Chief shall, within ten (10) days after such application is filed, make an investigation concerning the character of the applicant and grant the permission asked for unless it shall appear from such investigation that the morality, honesty, or integrity of the person making such application does not justify the granting of such permission. (d) Revocation. If any person shall fail to obey any of the provisions of this chapter or shall conduct his business in an unlawful manner, the Council may revoke the permission of such person to conduct such business. (Ord. 91-06 § 4, 1991) 5-5.03 Records—Purchases and receipts. Every junk dealer, secondhand dealer, and person conducting an oil tool exchange shall keep at his place of business, and every itinerant junk peddler shall keep and have in his possession, a substantial, well-bound book (not loose leaf), the pages of which shall be numbered consecutively and in which there shall be entered in the English language at the time of the purchase or receiving of any personal property an exact description of such personal property purchased or received by him; the date of the purchase or of receiving the personal property; the price paid therefor; the name and address of the place of business; a description of the person from whom the personal property was purchased or received; the license number of the motor vehicle used by or belonging to the parties making the sale; the signature of the

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 12 seller or person from whom the personal property was received; and all particular and prominent marks of identification which may be found on such property. Such book shall at all times be open to the inspection of the Police Chief, City Attorney, District Attorney, any police officer or constable, or any peace officer and shall not in any manner be concealed from them. 5-5.04 Records—Sales. There shall also be kept in the book required by the provisions of Section 5-5.03 of this chapter, written or printed entirely in the English language in a clear and legible manner, a record showing the names and descriptions of all persons to whom shall be sold, traded, or otherwise disposed of any article or thing; the license number of the motor vehicle used by or belonging to such persons; the name and description of each such article or thing so sold, traded, or disposed of; and the date of such sale, trade, or disposition. Such record of the sale or other disposition of each article shall be made on the same page in the book as contains the record of the purchase or receiving of such article, as set forth in Section 5- 5.03 of this chapter, and in such position on the page as will easily and readily show the disposition of each and every article received by such dealer or peddler. 5-5.05 Reports. Every junk dealer, secondhand dealer, itinerant junk peddler, and person conducting an oil tool exchange shall at least once every week make a written report to the Police Chief at his office, either personally or by mail. Such report shall show the exact description of all personal property purchased or received by him prior to the time of making such statement and since the making of the last prior statement; the date of purchase or of receiving the personal property; the price paid therefor; the name, address, and place of business of the person from whom the personal property was purchased or received; all particular and prominent marks of identification which may be found on such property; and the place where such property will be exposed to public view as set forth in Section 5-5.06 of this chapter. 5-5.06 Holding period. Except as otherwise provided in this section, all personal property received or collected by junk dealers, secondhand dealers, itinerant junk peddlers, or persons conducting an oil tool exchange shall be held for a period of at least seven (7) days after the report to the Police Chief is made as set forth in Section 5-5.05 of this chapter and before such personal property shall be sold or otherwise disposed of. In addition, such persons shall keep such personal property exposed to public view, during business hours, from the time of purchasing or receiving such personal property until the expiration of seven (7) days after such report to the Police Chief. When the consent of the Police Chief is obtained, personal property purchased, received, or collected as set forth in this chapter may be sold or disposed of at once. 5-5.07 Hours of operation. No junk dealer, secondhand dealer, itinerant junk peddler, or person conducting an oil tool exchange shall purchase, receive, gather up, or collect any personal property as set forth in Section 5-5.02 of this chapter between the hours of 6:00 p.m. and 6:00 a.m. of the following day. 5-5.08 Purchases, trades, and receipts from minors. It shall be unlawful for any secondhand dealer, junk dealer, or person conducting an oil tool exchange to purchase, trade for, or receive any article or thing from any minor under the age of eighteen (18) years, except when written permission is given by the parent or guardian of such minor person or by the Police Chief.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 13 5-5.09 Furnishing false information. It shall be unlawful for any person to furnish false information in connection with the sale or exchange of any goods sold to any secondhand dealer, junk collector, or person conducting an oil tool exchange.