Colusa County Municipal Code Art. I In General

(Ord. No. 258, § 3)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Junk.

Junk is defined as being any old iron, wire, brass, copper, tin, lead, rags, paper, bags, and lumber, and also empty bottles and bones, and any parts of bicycles, tricycles, baby carriages, automobiles or other vehicles dismantled, in whole or in part, and kept for sale as junk, and other similar personal property ordinarily classified as junk.

Junk collector.

A junk collector is defined to be a person going from house to house or from place to place gathering, collecting, buying, selling or otherwise dealing in junk, as defined in this section.

Junk dealer.

A junk dealer is defined to be any person engaged in the business of buying and selling any of the items mentioned in the subsection of this section defining “junk.”

Junk yard.

A junk yard is hereby defined to be any premises upon which junk, as defined by this section, is kept in the open.

Secondhand dealer.

A secondhand dealer is defined to be a person whose business is conducting, managing or carrying on the business of buying, selling or otherwise dealing in miscellaneous secondhand goods, wares and merchandise.

(Ord. No. 258, § 3)

It shall be unlawful in the county to store junk upon any premises unless the same is entirely enclosed by a fence, the height of which shall be determined by the board of supervisors upon recommendation by the county planning commission and shall be endorsed upon the permit issued by the board of supervisors to store junk in the open pursuant to this chapter.

(Ord. No. 258, § 7)

It shall be unlawful for any person engaged in storing junk in the open, or in the business of conducting a junk shop or yard to store the same in any but an orderly and neat manner.

It shall be unlawful for any person to conduct a junk yard, unless the yard in which such junk is stored is entirely surrounded by a wood or metal fence, including gates, which entirely obscures the vision of the yard within, and such fence shall be at least six feet in height, including gates, and all gates to such premises shall be kept closed at all times except when in actual use.

(Ord. No. 258, § 9)

Every person licensed under this chapter shall, at the close of each business day, make out and mail to the sheriff of the county, a full, true and complete report of all goods, wares, merchandise or things purchased, or otherwise received during such day. Such report shall show the hour of the day that such article was purchased or received, and the true name and address as nearly as the same is known to or can be ascertained by the licensed person, and the license number, make and description of the vehicle driven by such person if such be the case. Such licensee shall give all information required by the sheriff on the blank form provided for such report.

(Ord. No. 258, § 10)

Every person licensed under this chapter shall keep a complete record of everything purchased or received by him, which record shall contain all of the matters required to be shown upon the report to the sheriff pursuant to section 15-4. Every such record and all articles purchased by such licensed person shall be produced for inspection by the sheriff or by any of his deputies or by the chief of the police department or his officers of any city.

(Ord. No. 258, § 11)

No person licensed under this chapter shall sell or dispose of any article or thing purchased or encumbered by him within seven days after making the report to the sheriff as required by section 15-4. All usable items and copper wire shall not be sold sooner than twenty-one days from the date of the report to the sheriff; provided, however, that the sheriff may release such usable items; provided, that they have been cleared through his office.

(Ord. No. 258, § 12)

No owner or keeper of a junk shop or a junk yard shall receive any personal property by way of pledge or pawn, nor shall any owner of or keeper of a junk shop or junk yard engage in a business of pawnbroking on the same premises wherein a junk shop or a junk yard is located.

(Ord. No. 258, § 13)

No person under the age of eighteen years shall sell any of the articles defined by section 15-1 as junk, except rags and bottles, not to exceed fifty papers, unless accompanied by one parent.

(Ord. No. 258, § 14)

The provisions of this chapter shall not apply to articles traded in to an authorized representative or agent of a manufacturer of a new article sold.

(Ord. No. 258, § 2)

It shall be the duty of the county treasurer to collect the license fees under this chapter and to perform such other duties as are prescribed by this chapter. It shall be his duty, in the name of the county as plaintiff, to bring suit for the recovery of any license fee imposed against any person required by this chapter to first procure a license before engaging in any business as defined by this chapter who carries on or attempts to carry on such business without such license.

(Ord. No. 258, § 3)

It shall be the duty of the district attorney to prosecute all violations of this chapter on sworn complaint thereto, and it shall be the duty of the district attorney to act as attorney for the county treasurer for the collection of any unpaid license fees imposed by this chapter.

(Ord. No. 258, § 17)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.