Chapter 135 — JUNK DEALERS AND SCRAP METAL RECYCLERS

This chapter is adopted in supplementation of Cal. Bus. & Prof. Code §§ 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 herein shall relieve any person or legal entity of obligations contained in the Cal. Bus. & Prof. Code or other provisions of state or local law.

(Ord. 2007-008, passed 12-10-07)

For purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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

RECYCLER. Any processor, recycling center, or non-certified recycler, as those terms defined in Chapter 2 (commencing with § 14502) of Division 12.1 of the Cal. Pub. Res. Code, who buys or sells scrap metal that constitutes junk, as defined herein.

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 § 14502) of Division 12.1 of the Cal. Pub. Res. Code.

(Ord. 2007-008, passed 12-10-07)

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; or

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

(Ord. 2007-008, passed 12-10-07)

(A) Junk dealers or recyclers shall report to the Chief of Police every day before 12:00 noon, on a form approved by the Chief of Police, 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 Chief of Police 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 the conduct of his or her business as a junk dealer or recycler;

(3) The name, valid driver's license number, and state of issuance or California-issued identification card number, and vehicle license number including the state of issue of any motor vehicle used in transporting 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; and

(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 finger printed of the person from whom junk is received.

(Ord. 2007-008, passed 12-10-07) Penalty, see § 135.99

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. 2007-008, passed 12-10-07) Penalty, see § 135.99

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

(Ord. 2007-008, passed 12-10-07) Penalty, see § 135.99

It is unlawful for any junk dealer or recycler to make payment for the purchase of junk in excess of $200 to any person except by paper draft or check.

(Ord. 2007-008, passed 12-10-07) Penalty, see § 135.99

Every junk dealer or recycler shall immediately notify the Police Services by telephone, or other means likely to reach the Police Services without delay, of the sale or purchase, or attempted sale or purchase, of any junk, which

reasonably appear 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. 2007-008, passed 12-10-07) Penalty, see § 135.99

(A) License required. It is unlawful for any person to act as a junk dealer or recycler without first making an application for and receiving a business license to act as such junk dealer or recycler.

(B) License: application; contents. If the application is made by an individual, he or she shall affirm under penalty of perjury that the contents of the application are true, and the contents of the application shall include the name and age of the applicant, his or her present address or addresses, and the name under which, and the place where, the applicant has conducted a similar business within 12 months immediately preceding the date of application. 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 manger 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.

(C) In accordance with Cal. Bus. & Prof. Code §§ 12703 and 12733, the applicant shall attach to the application documentation 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.

(D) The applicant shall acknowledge having read Penal Code section 496a, which shall be prominently set forth within the application in bold face.

(E) License: application; employee identification. The applicant, at the request of the Chief of Police, shall accompany the application with photographs and fingerprints of all the individuals who are to be actually engaged in the management of the business or in buying or otherwise acquiring junk for the business for which the license is requested. In the event any other person, after the license has been granted, is engaged in the management of the business or in buying, or otherwise acquiring such junk, the licensee shall furnish to the Police Services on request the photograph and fingerprints of such person. No license shall be issued until any such demand has been complied with, and any license that has been issued shall be suspended or revoked if the licensee does not, within a reasonable time, comply with the provisions of this section.

siness or in buying, or otherwise acquiring such junk, the licensee shall furnish to the Police Services on request the photograph and fingerprints of such person. No license shall be issued until any such demand has been complied with, and any license that has been issued shall be suspended or revoked if the licensee does not, within a reasonable time, comply with the provisions of this section.

(F) License: application; investigation. Upon submission of a complete application for license under this chapter, the application shall be immediately referred to the Chief of Police for investigation concerning the applicant's business and character of the applicant. The Chief of Police 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 Chief of Police shall be allowed 60 days from the date of receiving a completed application within which to file the report.

(G) License: application investigation fees. The application investigation fee for a junk dealer or recycler's business license shall be $250.

(H) License: term. The business licenses provided for in this section shall be issued for a period of one year from the date of issuance.

(I) License: denial; appeal. In the event of the denial of an application for license under this section, the applicant may, within ten days after the date written notice of such adverse report is mailed, file with the City Council a notice

of intention to appear before the City Council to appeal the denial of the application. Upon failure to file such notice within the ten-day period, the denial of the application shall be final and conclusive. The notice of appeal shall be accompanied by the fee amount stated in division (G) above.

(J) License: suspension, revocation, or conditioning of license. The City Council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may, after ten-days written notice to the licensee and after a hearing before the City Council, suspend, revoke, or condition the license of any licensee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this section. The grounds for such action shall be summarized in the notice. The notice provided for herein shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions. Pending the City Council's final decision regarding the license, a licensee may continue to engage in the business for the period of his or her license.

er this section. The grounds for such action shall be summarized in the notice. The notice provided for herein shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions. Pending the City Council's final decision regarding the license, a licensee may continue to engage in the business for the period of his or her license.

(K) License: disciplinary action grounds. It shall be a ground for disciplinary action if any licensee, his or her agent or employee, or any person connected or associated with the licensee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the license has:

• (1) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed;

• (2) Violated any provision or this chapter or of any statute relating to his or her licensed activity;

• (3) Been convicted of a felony or any crime involving theft, embezzlement, or moral turpitude;

• (4) Committed any act constituting dishonesty or fraud;

• (5) Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a licensed business;

• (6) Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a licensed business;

• (7) Violated any rule or regulation adopted by the City Council relating to the licensee's business;

• (8) Conducted the licensed business in a manner contrary to the peace, health, safety, and general welfare or the public;

• (9) Demonstrated that he or she is unfit to be trusted with the privileges granted by such license; and/or

• (10) Failed to comply with the regulations of the city.

(L) License: revocation without hearing upon conviction. If any person holding a license under this chapter is convicted in any court of the violation of any law relative to his or her operation of a licensed business, the City Council may revoke the license forthwith without any further action thereon other than giving written notice of revocation to the licensee.

(Ord. 2007-008, passed 12-10-07) Penalty, see § 135.99

Any person violating any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than $500 or imprisonment in the county jail for not more than six months, or both such fine and imprisonment. (Ord. 2007-008, passed 12-10-07)