Long Beach Municipal Code Ch. 5.52 Junk Dealers

Footnotes:

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State Law reference— Provisions on junkyards, Bus. and Prof. C. § 21600 et seq.

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. "Fixed or established place of business" means and includes any place in the City actually occupied continually by a person engaged in the business of a junk dealer where the books and records of such person are kept, and at which a large share of the business of such person is transacted.

B. "Junk" means and includes old iron and other metal, used mercury, glass, papers, cordage, or other waste or other discarded material which may be treated or prepared so as to be used again in some other form, or for a purpose other than that for which it was originally made.

C. "Junk collector" means and includes any person carrying on, managing, or employed in the business of going from house to house, or from place to place in the City, collecting or buying junk in small quantities.

D. "Junk dealer" means and includes any person having a fixed place of business in the City and engaged in carrying on the business of selling or otherwise dealing in junk, either at wholesale or retail or as assignee.

(Ord. C-7423 § 21, 1996: Ord. C-6260 § 1 (part), 1986)

A. Every person desiring to carry on or conduct a business which includes activities of junk dealer or junk collector as defined in this Chapter shall make a written application to and upon forms furnished by the Director of Financial Management. The application shall be signed and sworn to by the applicant. Every person applying for a permit to carry on, or conduct the business of junk dealer or junk collector shall be photographed and fingerprinted by the Police Department.

B. The permit applied for shall not be issued to the applicant unless the Chief of Police is satisfied, after investigation, that the applicant is a proper person to conduct such business. The Chief of Police shall have sixty (60) days from the date of the application for investigation before the issuance of any permit to carry on the business.

(Ord. C-7423 § 21, 1996: Ord. C-6260 § 1 (part), 1986)

No business license to conduct the business of a junk dealer or junk collector shall be issued until a permit therefor has been approved by the Chief of Police as provided in this Chapter.

(Ord. C-7423 § 21, 1996: Ord. C-6260 § 1 (part), 1986)

A. Every junk collector using any boat, or other vehicle for collecting junk in the City, shall procure from the Director of Financial Management one (1) decal of such design as shall be specified by the Director of Financial Management. No junk collector shall operate such boat or other vehicle, as above-mentioned, unless the decal is securely fastened on the left front side of the boat or other vehicle in a conspicuous place and plainly visible.

B. No person shall collect junk within the City between the hours of seven p.m. and eight a.m. of the following day.

C. No person shall carry on the business of junk dealer or junk collector in a manner that will result in litter on public or private property.

D. Every junk dealer shall maintain a record of every transaction which includes the date and the hour of the day when each article was purchased or received, and the true name and address, as nearly as the same is known to or can be ascertained by such junk dealer, and the personal signatures of the person or persons by whom the articles were sold or delivered, together with a description of the person or persons as may be required by the Chief of Police, and the correct license number and type of any vehicle used in the delivery of such goods; and the report shall also show the amount purchased, and a complete description of each article purchased or received; and if an article so purchased or received has a number, letter, engraving, figure or other mark showing or designating the size, quality, make or design of such article, then the report shall show all such numbers, letters, engravings, figures and marks; and if the article has a serial number, the serial number shall also be shown. Every report or record required by the terms of this Chapter to be maintained or kept shall be written or printed entirely in the English language in a clear and legible manner. Every record required pursuant to this Chapter shall be open at all times to inspection by the Chief of Police, or any police officer in the pursuit of his/her official duties; provided, however, that this Section shall not apply to, goods or things purchased from any dealer or tradesman who is duly licensed to operate such business in the City. The records mentioned in this Section shall be filed and kept at the street and number of the place where the junk dealer states, in the business license application, that the business will be carried on, and it shall be the duty of every junk dealer and foundry, and of every employee, manager or agent of such junk dealer to display and exhibit such records to the Chief of Police or to any Police Officer in the pursuit of his/her official duties on the demand, oral or written, of the Chief of Police or Police Officer.

(Ord. C-7423 § 21, 1996: Ord. C-6260 § 1 (part), 1986)

No person selling any goods or other articles, as provided in this Chapter, shall give or use a false name or address, or give or use a name or address not his own correct name and address, in such transaction.

(Ord. C-7423 § 21, 1996: Ord. C-6260 § 1 (part), 1986)

No junk dealer or any agent, employee, or manager thereof shall alter, clean, repair, paint, change the appearance of or sell or otherwise dispose of any goods or other things within seven (7) days after the purchase or receipt of them; and no junk dealer or any employee, agent, or manager thereof shall alter, clean, repair, paint or change the appearance of or sell or otherwise dispose of any goods or other things that are salable for or fit for use for the purpose for which originally made or intended, within twenty-one (21) days after the purchase or receipt of them; provided that this Section shall not apply to goods or things purchased from any dealer or tradesman who is duly licensed to operate such business in the City. Every junk dealer shall keep all such goods or other things accessible to the inspection of the Chief of Police or any Police Officer in the pursuit of his/her official duties. Every junk dealer, and every agent, employee or manager thereof, on the demand of the Chief of Police or Police Officer, shall display and exhibit such goods or other things to the Chief of Police or Police Officer.

(Ord. C-7423 § 21, 1996: Ord. C-6260 § 1 (part), 1986)

The provisions contained in Sections 5.52.090 and 5.52.100 shall not be deemed to apply to the purchase by junk dealers of rags, bottles, secondhand sacks in lots of less than fifty (50) in number, barrels, cans, stoves, newspapers, old automobile tires, or old batteries.

(Ord. C-7461 § 3, 1997: Ord. C-7423 § 21, 1996: Ord. C-6260 § 1 (part), 1986)

No person engaged in or carrying on the business of a junk dealer or junk collector in the City shall purchase or receive any junk as defined in this Chapter from any person under the age of eighteen (18) years.

(Ord. C-7423 § 21, 1996: Ord. C-6260 § 1 (part), 1986)