Ceres Municipal Code Ch. 07 Junk Dealers and Scrap Metal Recyclers

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Junk means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, but does not include secondhand and used furniture or pallets.

Junk dealer includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer.

Junk yard means any yard, plot, space, enclosure, building or any other place where junk is collected, stored, gathered together and kept.

Recycler means any processor, recycling center, or noncertified recycler, as those terms are defined in chapter 2 (commencing with section 14502) of division 12.1 of the Public Resources Code, who buys or sells scrap metal that constitutes junk as defined under this section.

Scrap metals and alloys includes, but is not limited to, materials and equipment commonly used in construction, agricultural operations and electrical power generation, railroad equipment, oil well rigs, nonferrous materials, stainless steel, and nickel which are offered for sale to any junk dealer or recycler, but does not include scrap iron, household-generated waste, or aluminum beverage containers, as defined in chapter 2 (commencing with section 14502) of division 12.1 of the Public Resources Code.

(Ord. No. 2020-1057, § 1, 3-23-2020)

This chapter is adopted pursuant to the City's police power under article XI, section 7 of the California Constitution and in supplementation of Business and Professions Code sections 21600 through 21609. This chapter is not intended to supersede the provisions of these statutes. Any conflict that may exist between this chapter and State law shall be resolved in favor of the latter. Nothing contained in this chapter shall relieve any person or legal entity of obligations contained in the Business and Professions Code or other provisions or State or local law.

(Ord. No. 2020-1057, § 1, 3-23-2020)

This chapter shall not apply to any of the following:

A. Secondhand furniture merchants;

B. Pawnbrokers;

C. Secondhand car dealers or merchants in connection with automobile and motor vehicle sales agencies but not carried on and conducted in conjunction with a junk yard;

D. Persons engaged in the business of selling new automobile tires or batteries or other equipment taking in part payment used articles of the same kind and thereafter selling or disposing of the same;

E. Secondhand oil well supply and equipment dealers not conducting or carrying on their business in connection with a junk yard; or

F. Secondhand clothing merchants and ragpickers.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Junk dealers or recyclers shall report to the Police Chief at the Police Department, before 12:00 noon every weekday and day the junk dealer or recycler business is open for business, on a form provided by the Police Chief, a record of all sales and purchases of the previous 24 hours. The report shall contain the information required by this chapter and any additional information required by the Police Chief as shown on the forms.

B. The report shall at a minimum contain the following information:

1. The name, business name, business address, telephone number, facsimile number, and electronic mail address;

2. The place and date of each sale or purchase of junk made in conduct of his or her business as a junk dealer or recycler;

3. The name, valid driver's license number and state of issue or California-issued identification card number, and vehicle license number including the state of issue of any motor vehicle used in transporting the junk to the junk dealer's or recycler's place of business;

4. The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealer's or recycler's place of business;

5. A full and complete description of the item or items of junk purchased or sold, including the item type, quantity, length, diameter, size, brand, model, manufacturer, and identification number;

6. A statement indicating either that the seller of the junk is the owner of it, or the name of the person he or she obtained it from, as shown on a signed transfer document;

7. The fingerprint of the right-hand index finger, unless such finger is missing, in which event the print of the next finger in existence on the right hand shall be obtained with a notation as to the exact fingerprinted of the person from whom junk is received.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Each article received by a junk dealer shall be kept and not be resold, melted down, altered or repaired for a period of 30 days after receipt of the article; provided, however, that if an article is inspected by an officer of the law during the 30 days and the officer issues a written permit for the sale of the article, it may thereafter be sold or otherwise disposed of.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It is unlawful for any junk dealer or recycler to purchase, or otherwise acquire, any junk from any person known, or reasonably should be known by the junk dealer or recycler, to be under the age of 18 years.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It is unlawful for any junk dealer or recycler to conduct his or her business as a junk dealer within the City limits between the hours of 7:00 p.m., of one day and 7:00 a.m., of the next day.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It is unlawful for any junk dealer or recycler to make payment to any person in a form other than paper draft or check for the purpose of junk except when the total amount paid to the person is less than $10.00.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Every junk dealer or recycler shall immediately notify the Police Department by telephone, or other means likely to reach the Police Department without delay, of the sale or purchase, or attempted sale or purchase, of any junk which reasonably appears to be used only by governments, utilities, railroads, or for specific purposes, such as guardrails, manhole covers, high voltage transmission lines, historical markers, cemetery plaques, light poles, and bleachers.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Any person desiring a permit, or to renew a permit, hereunder shall make application to the Police Department upon a form provided by the City. In addition to the information in section 5.02.010, the applicant shall also provide the following information:

1. The name under which, and the place where, the applicant has conducted a similar business within 12 months immediately preceding the date of the application, if applicable;

2. If the business is to be engaged in by a partnership, association or corporation, the application for a license shall be made by the general manager thereof, or by one having the authority of a general manager. In such case, the application shall state the true name of the organization, the date of its organization, its type, the location of its principal place of business, the names and addresses of its officers, or, in the case of a co-partnership, the names and addresses of all the partners;

3. In accordance with Business and Professions Code sections 12703 and 12733, the applicant shall attach to the application documentation to the satisfaction of the Police Department that the applicant holds a current and active California Weighmaster License. A copy of the applicant's current Weighmaster License shall be displayed in a prominent location at each location where the applicant conducts business;

4. Acknowledgment that the applicant read Penal Code Section 496a, which shall be prominently set forth within the application in bold type; and

5. Photographs and fingerprints of all the individuals who are to be actively engaged in the management of the business or in buying or otherwise acquiring junk for the business for which the license is requested.

B. In the event any person other than the permittee, after the permit has been granted, is engaged in the management of the business or in buying or otherwise acquiring such junk, the permittee shall furnish to the Police Department on request the photograph and fingerprints of such person. No permit shall be issued until any such demand has been complied with, and any permit that has been issued shall be suspended or revoked if the permittee does not, within a reasonable time, comply with the provisions of this section.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Upon submission of a complete and legible application for the license under this chapter, the application shall be immediately referred to the Community Development Department, and to the Police Chief for investigation concerning the applicant's business and character of the applicant. These departments shall, after investigation, file a report upon the application designating whether or not the applicant is a proper person to be granted the license applied for. No applicant shall be reported as a proper person to be granted a license under this chapter unless and until it appears that the applicant's conduct or proposed conduct of the business does and will comply with all applicable laws and ordinances, including but not limited to those relating to the public health and to zoning. The departments shall be allowed 60 days from the date of receiving a completed application within which to file their respective reports to the City Manager.

B. The City Manager or his or her designee shall grant or deny the application within 20 days of receiving the department reports. If the City Manager fails to take action on the application within 20 calendar days after a properly completed application is stamped as received, the application shall be deemed granted, subject to strict compliance with this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)