San Bernardino Municipal Code Ch. 5.56 Junk and Secondhand Dealers

Section

Statutory reference:

For provisions on pawnbrokers, see Cal. Financial Code, §§ 21000 through 21209

For provisions on secondhand goods, see Cal. Business and Professions Code, §§ 21500 through 21639

(A) Every junk dealer, secondhand dealer, pawnbroker, loan broker and every proprietor, keeper or owner of any office or other place of business where money is loaned on personal property for a compensation shall daily make out and deliver to the Chief of Police every day before the hour of 12:00 p.m., on a blank form to be furnished him or her by the Chief of Police for that purpose, a full, true and complete report of all the property and other valuable goods, wares, merchandise or things received on deposit or purchased during the preceding 24 consecutive hours, together with the time, meaning the hour of the day, when received on deposit, in pawn or purchase, and a description of the person or persons by whom left in pledge, or deposited or from whom purchased, and also the true name, as nearly as the same is known to the pawnbroker, junk dealer, secondhand dealer, loan broker or other person heretofore designated. Each junk dealer shall make out and deliver on said form in addition to the foregoing a description, motor number, body serial number, color, make, model and year of any vehicle or part of a vehicle purchased by the junk dealer. The report shall be written in the English language in a clear and legible manner.

(B) All the property and other valuable goods, wares, merchandise received on deposit or purchased should be kept intact in its original state by every junk dealer, secondhand dealer, pawnbroker, loan broker and proprietor or owner of any office or any other place of business where money is loaned on personal property for compensation, for a period of 30 calendar days from the day of the purchase, receipt or acquisition of the same, and shall be exhibited to the Chief of Police upon demand being made by the Chief of Police.

(Ord. 404, passed 12-7-1908; Ord. 2457, passed 8-24-1962)

The Chief of Police shall immediately, upon the adoption and publication of the ordinance codified in this chapter, cause such number of blanks to be printed as may be necessary for the purpose, and shall thereafter, from time to time, cause such additional blanks to be printed as may be required, which blanks shall be so printed and subdivided that it shall have spaces for writing in the following matters: number of pawn ticket; amount loaned; amount purchased; description of articles; name and residence of person pledging or selling; description of person pledging or selling, showing true name as nearly known, age, sex, complexion, color of mustache or beard or both, where both are worn, style of dress, height and visible marks or scars; also the time when the article or articles were received. The blank shall also bear a caption providing blank spaces in which to fill in the date of the report, the name and place of business of the person making the same and the hour of the day when made. The Chief of Police shall further cause to be printed on the blanks in some convenient place thereon a copy of the ordinance codified in this chapter.

(Ord. 404, passed 12-7-1908)

The blanks shall be printed in triplicate in book form, and shall be distributed by the Chief of Police to the persons from whom the reports are required upon request and upon proof of the payment to the chief administrative officer of the cost of the printing thereof; the Chief of Police upon the receipt of the reports from any of the persons from whom the reports are required shall file the same in his or her office, and the same shall be open to inspection only to members of the City Police Department, or those authorized by the Chief of Police, or to persons presenting a court order for that purpose.

(Ord. 404, passed 12-7-1908; Ord. 1951, passed 7-22-1952)

Every junk dealer, secondhand dealer, pawnbroker, loan broker or proprietor, keeper or owner of any office or other place of business where money is loaned on personal property for compensation, their agents and employees shall cause the person or persons by whom the property is left in pledge, stored, deposited or from whom purchased, to provide the following for inclusion on the report required by § 5.56.010: his or her true signature, correct address and a plain fingerprint impression of his or her right index finger, or if the right index finger is missing, another of his or her fingers with a designation of which finger is used.

(Ord. 404, passed 12-7-1908; Ord. 1613, passed 7-19-1938; Ord. MC-391, passed 7-11-1984)

It is unlawful for any person or persons to sign a fictitious name or fictitious address in connection therewith.

(Ord. 404, passed 12-7-1908; Ord. 1613, passed 7-19-1938)

[Reserved]

(Repealed by Ord. MC-460, passed 5-15-1985)

No license to conduct, manage or carry on the business of a junk dealer or collector within the city shall be issued to any person, firm or corporation until a permit, in writing therefor, shall have been granted by the Mayor and City Council as provided in § 5.56.080.

(Ord. 638, passed 8-22-16)

Any person, firm or corporation desiring to manage, conduct or carry on the business of a junk dealer or collector at any place within the city shall first make application to the Mayor and City Council of the city for a permit to do so; the application shall state the name of the person desiring to conduct, manage or carry on such business and the place where the same is to be located. Before any permit shall be granted to any person for a license to manage, conduct or carry on the business of a junk dealer or collection at any place within the city, the applicant for such permit shall file with the Mayor and City Council the written consent to the granting thereof of all the owners and tenants of property within 150 feet of the place where such business is to be conducted.

(Ord. 638, passed 8-22-16)

It is unlawful for any junk dealer or collector to have in his or her possession within the city, for a period in excess of one hour, any hides, bones or sacks which have been previously used as containers for fertilizer.

(Ord. 638, passed 8-22-16)