Blythe Municipal Code Ch. 5.52 Junk Dealers and Automobile Wreckers

The following words, as used in this chapter, shall have the signification attached to them in this section, unless otherwise clearly apparent from the context:

A. "Automobile wrecker" means a person engaged in the business of buying, selling or dealing in vehicles of a type required to be registered under the California Vehicle Code, for the purpose of dismantling or wrecking the same, and who buys or sells the integral parts and component materials thereof, in whole or in part, and deals in used motor vehicle parts. This section shall not apply to the occasional and incidental dismantling or wrecking of vehicles by dealers who have secured dealer's plates from the department for the current year whose principal business is buying and selling new and used or used vehicles, or by those owners who desire to wreck their own vehicles, or by garages or repair shops.

B. "Automobile wrecking yard" means the premises used by an automobile wrecker, to carry on, conduct, maintain or engage in the business of automobile wrecker, and the vehicles, or parts of vehicles, constituting the stock in trade of the business of automobile wrecker when such are not entirely and at all times located or carried on within a building.

C. "Itinerant junk dealer" means any person who goes about from house to house, or place to place, gathering, receiving, collecting, buying or otherwise acquiring or selling, including sale at public auction, or otherwise disposing of or otherwise dealing in secondhand articles, goods, wares or merchandise of any type or description.

D. "Junkyard" means the premises used by a junk dealer to carry on, conduct, maintain or engage in the business of junk dealer, and the articles, goods, wares or merchandise constituting the stock in trade of the business are not entirely and at all times located within a building.

E. "Junk dealer" means a person, other than a licensed pawnbroker, having a fixed place of business in the county, who carries on, conducts, maintains or engages in the business of buying or otherwise acquiring, or selling, including sale at auction, or otherwise disposing of, or otherwise dealing in, secondhand articles, goods, wares or merchandise of any type or description.

F. "Person" means and includes both the singular and plural, and means any person, copartnership, association, firm, club, society or corporation.

(Ord. 243 § 1, 1956)

A. It shall be unlawful for any person to act as a junk dealer within the city without first making an application for and receiving from the city council a license to act as a junk dealer.

B. It shall be unlawful for any person to act as an itinerant junk dealer within the city without first making an application for and receiving from the city council a license to act as an itinerant junk dealer.

C. It shall be unlawful for any person to locate, establish, maintain or operate a junkyard or an automobile wrecking yard unless and until a permit therefor has been granted by the city council, except that no permit shall be required of any junkyard or automobile wrecking yard legally established and existing at the time of the adoption of the ordinance codified in this chapter; provided, however, that no person shall act as a junk dealer or itinerant junk dealer without first having complied with this chapter.

(Ord. 243 § 2, 1956)

A. The fee required for a license to act as junk dealer shall be as set by resolution of the city council, a separate license being required for each place of business within the city.

B. The fee required for a license to act as an itinerant junk dealer shall be as set by resolution of the city council for each truck, wagon or other vehicle used in the business of itinerant junk dealer.

(Ord. 571 § 2 (part), 1980; Ord. 467 § l (part), 1975; Ord. 243 § 4, 1956)

The city council may suspend or revoke any license or permit issued pursuant to this chapter upon receiving evidence that the person holding said license or permit has been convicted of any violation of this chapter or of any ordinance of the city or law of the county or state relating to any business for which a license is required by this chapter, or has conducted his business in an unlawful manner.

(Ord. 243 § 3, 1956)

It shall be unlawful for any person acting as a junk dealer to also act as an itinerant junk dealer without obtaining a license to act as an itinerant junk dealer, provided, however, that a person acting as a junk dealer may use motor or other vehicles if incidental to his business as a junk dealer without having to obtain a license to act as an itinerant junk dealer.

(Ord. 243 § 11, 1956)

A. Each person obtaining a license to act as a junk dealer shall keep on display at all times in his place of business the license issued to him under the provisions of this chapter.

B. Each person obtaining a license to act as an itinerant junk dealer shall carry with him at all times while acting as an itinerant junk dealer the license issued to him under the provisions of this chapter.

(Ord. 243 § 12, 1956)

A. Every person acting as junk dealer or itinerant junk dealer shall mail or deliver daily to the chief of police, on the original and duplicate of triplicate blank forms to be furnished by the chief of police for such purpose, a full, true and complete report, written or printed in the English language in a clear and legible manner, of all secondhand articles, goods, wares and merchandise purchased or otherwise acquired upon any terms and conditions or for any purpose or purposes whatever during the day preceding the mailing or delivering of such report. Said report shall show with respect to each item the following particulars:

1. Complete description of each item, including the manufacturer's trade name or brand, if any, its size and color and, if the item has engraved thereon any number, word or initial or contains any fittings of any kind, the description shall include such number, word or initial and the kind of fittings, if any, and the number thereof;

2. The cost of each item, or if the item is acquired on an exchange a brief description of the item exchanged for it;

3. The true name and address, as nearly as the same is known to or can be ascertained by the licensee, and the personal signature of the person or persons from whom such article was received or purchased or otherwise acquired, together with a full and complete description of such person or persons, including but not limited to height, weight, color of eyes, color of hair, dress and occupation;

4. If the item is delivered or received from a vehicle, its license number, if any, and its year of manufacture, model, type, name and color.

B. Each person required to make the foregoing report shall retain the triplicate copy thereof as a permanent record at the place of business of said person, if said person has a place of business, otherwise at the residence of said person. Said triplicate copies shall be open for inspection at all times to any law enforcement officer, his agent, deputy or investigator.

(Ord. 243 § 5 (part), 1956)

A. Every person having a license or permit pursuant this chapter shall keep a permanent record showing the following particulars relative to the disposition of all secondhand articles, goods, wares and merchandise disposed of by said person:

1. Date of disposition;

2. Place of disposition;

3. Name and address of the person buying or otherwise acquiring it, which records shall be open for inspection at all times to any law enforcement officer, his agent, deputy or investigator.

B. Permanent records required by this section shall be kept and retained for a period of five years.

(Ord. 243 § 5(f), 1956)

The provisions of Sections 5.52.070 and 5.52.080 shall not be deemed to apply to the purchase or acquisition by other means by persons acting as junk dealers or itinerant junk dealers of the following secondhand articles, goods, wares and merchandise: rags, bottles, sacks in lots of fifty or less, barrels, cans and newspapers.

(Ord. 243 § 10, 1956)

It shall be unlawful for any licensee or permittee under this chapter to sell or otherwise dispose of any secondhand articles, goods, wares or merchandise of any type or description within fifteen days after report of the same is made to the chief of police, as provided by this chapter. The chief of police is authorized to release any property covered by this chapter which he inspects and is satisfied that the same is in the lawful possession of such person, regardless of whether the waiting period, as provided by this chapter, has expired.

(Ord. 243 § 7, 1956)

It shall be unlawful, prior to the time that any articles, goods, wares or merchandise may be lawfully disposed of, to clean, alter, repair, paint or otherwise change the appearance of the same, or to fail to expose the same to public view at all times during business hours.

(Ord. 243 § 8, 1956)

It shall be unlawful for any person to use a fictitious name or incorrect address in any report made pursuant to the provisions of this chapter.

(Ord. 243 § 6, 1956)

It shall be unlawful for any person acting as a junk dealer or itinerant junk dealer to purchase or otherwise acquire any secondhand articles, goods, wares or merchandise of any type or description offered said person by any minor under the age of eighteen years.

(Ord. 243 § 9, 1956)

Every person violating or failing or neglecting or refusing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.24. Each such person shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person.

(Ord. 243 § 14, 1956)