San Joaquin County Municipal Code Ch. 3 Junk Dealers

(a) "Junk" means any and all secondhand and used machinery and all ferrous and nonferrous scrap metals and alloys, including any and all secondhand and used furniture, pallets, or other personal property, other than livestock, or parts or portions thereof.

(b) "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.

(c) "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.

(d) "Junk peddler" means a junk dealer who meets the definition of peddler or itinerant peddler as defined in Section 7-1026 of this division.

(e) "Junk yard" includes any yard, plot, space, enclosure, building or any other place where junk is collected, stored, gathered together and kept.

(f) "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 in Business and Professions Code Section 21600.

(Ord. 4336 § 1 (part), 2007)

(a) This chapter shall not apply to any of the following:

(1) Secondhand furniture merchants;

(2) Pawnbrokers;

(3) 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;

(4) 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;

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

(6) Secondhand clothing merchants and ragpickers.

(Ord. 4336 § 1 (part), 2007)

It shall be unlawful for any person to engage in, conduct, or operate the business of junk dealer, junk peddler, or itinerate junk peddler in the County of San Joaquin without first securing the appropriate license issued under the provisions of Chapter 1, Sections 7-1000 through 7-1012 or Chapter 1(b), Sections 7-1025 through 7-1036 of this division and as modified by this chapter.

(Ord. 4336 § 1 (part), 2007)

In addition to the license application provisions of Chapters 1 or 1(b) of this division, the applicant shall accompany the application with names, photographs, addresses, copy of driver's licenses or government identification cards, and fingerprints of all the individuals who are to be actually engaged in the management of the business or in selling, 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 selling, buying or otherwise acquiring such junk, the licensee shall furnish to the Sheriff the names, photographs, addresses, copies of driver's licenses or government identification cards, 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.

(Ord. 4336 § 1 (part), 2007)

(a) The county department responsible for processing the license application shall refer the application and information required in Section 7-1153 to the Sheriff for investigation concerning the applicant's business and character of the applicant. At a minimum the Sheriff's findings shall include the following:

(1) That the applicant has not been convicted of a crime involving the possession or theft of property, fraud, hazardous materials or the environment, or crimes related to the operation of a junk dealer; provided, however, the Sheriff shall not take into account a conviction that occurred at least five (5) years prior to the date of the application and, as of the date of the application, at least five (5) years have elapsed since the applicant was released from any disability resulting from the conviction and the applicant has no subsequent convictions for a felony or misdemeanor offense involving the possession or theft of property, fraud, hazardous materials or the environment, or crimes related to the operation of a junk dealer;

(2) That the applicant has not had any license or permit to engage in a business or profession within the State of California revoked because of a violation of law or because of violation of regulations promulgated by the regulating agency having control or jurisdiction over the license or permit. However, the Sheriff shall not consider any such revocation if it occurred at least five (5) years prior to the date of the application;

(3) That the applicant has not had civil penalties imposed by a court or other government agency related to the operation of a junk dealer business or relating to hazardous materials or the environment within the past five (5) years prior to the date of application; and

(4) It appears that the applicant's conduct or the proposed conduct of the business does and will comply with all applicable laws and ordinances.

(b) The Sheriff shall make written recommendations to the county department responsible for processing the license application no later than thirty (30) calendar days after receiving the referral. Should the Sheriff report that the applicant's character or business responsibility is unsatisfactory, the county department responsible for processing the license application shall notify the applicant that his or her application is disapproved and that no license will be issued.

(Ord. 4336 § 1 (part), 2007)

Licenses issued pursuant to this chapter shall remain in effect for a period of one (1) year from the date of filing the application therefor.

(Ord. 4336 § 1 (part), 2007)

(a) In addition to the license renewal provisions required in Chapters 1 or 1(b) of this division, the licensee shall include the following with the license renewal application:

(1) Documentation of all notices of violation related to the operation of the business during the past year issued by any governmental entity, including the County of San Joaquin, to the business, property owner, license holder, or employees;

(2) Documentation specifying corrective actions taken to address previous notices of violation or other conditions placed on the business;

(3) Documentation of criminal citations related to the operation of the business issued to the business, property owner, license holder or employees, including citations for failing to comply with state or local law applicable to junk dealers, or for receiving stolen property;

(4) Updated information, if any, regarding the license holder or owner of the business, including change of address, change of partnership, or change of corporate status; and

(5) If applicable, documentation proving that the license holder has valid permits for the use of welding equipment, propane tanks, or cutting torches operated by compressed gasses on the premises or as part of its business.

(b) If based on the information specified in Subsection (a) of this section, the licensee is in compliance with the requirements of this subdivision, and if there have been no material changes in the operation of the junk dealer business that have not been previously approved by the County, the license shall be deemed renewed for another one (1) year period and the Treasurer-Tax Collector shall issue such renewal.

(Ord. 4336 § 1 (part), 2007)

(a) Junk dealers or recyclers shall report to the Sheriff of San Joaquin County every Monday before 12:00 noon on a form approved by the Sheriff, a record of all junk sales and purchases of the previous seven (7) days. If Monday is a holiday, then the report shall be submitted by 12:00 noon on the next regular business day. The report shall contain the information required by this chapter and any additional information required by the Sheriff 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 of the junk dealer or recycler;

(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 seller's 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 dealers or recycler's place of business;

(4) The name and address of each person to whom the junk dealer sold or disposed of, the junk 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 signed statement declaring under penalty of perjury 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 of the seller of the junk, 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. 4336 § 1 (part), 2007)

All junk purchased by owners or keepers of junk shops or junk yards shall be held for a period of at least fourteen (l4) days before the same shall be sold.

(Ord. 4336 § 1 (part), 2007)

A junk dealer or recycler in this State shall not provide payment for junk unless, in addition to meeting the written record requirements of Section 7-1157(b) and the Business and Professions Code Sections 21605 and 21606, all of the following requirements are met:

(a) The payment for the material is made by check or paper draft.

(b) The junk dealer or recycler provides the check or paper draft no earlier than ten (10) business days after the date of sale. The check or paper draft may be mailed to the seller or may be collected by the seller from the junk dealer or recycler.

(c) The junk dealer or recycler obtains a photograph and an address of the seller, or a copy of the valid driver's license of the seller containing a photograph and an address of the seller, or a copy of a state or federal government-issued identification card containing a photograph and an address of the seller. The junk dealer or recycler shall preserve the photograph and the address or the copies obtained pursuant to this paragraph for a period of two (2) years after the date of sale.

(Ord. 4336 § 1 (part), 2007)

Every junk dealer or recycler shall immediately notify the Sheriff's Department by telephone, or other means likely to reach the Sheriff's Department without delay, of the sale or purchase, or attempted sale or purchase, of any junk which reasonably appears to be stolen or used only by governments, utilities, railroads, agriculture, or for specific purposes, such as radiators, aluminum irrigation pipes, irrigation devices, catalytic converters, guardrails, manhole covers, high voltage transmission lines, historical markers, cemetery plagues, light poles, and bleachers.

(Ord. 4336 § 1 (part), 2007)

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

(Ord. 4336 § 1 (part), 2007)

No junk peddler shall purchase or collect any junk in the County between the hours of 6:00 p.m. and 6:00 a.m.

(Ord. 4336 § 1 (part), 2007)

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

(Ord. 4336 § 1 (part), 2007)

Business licenses and badges will be issued in the manner established under the provisions of Chapter 1, Sections 7-1000 through 7-1012 or Chapter 1(b), Sections 7-1025 through 7-1036 of this division and as modified by this chapter, in Chapters 1 and 1(b).

(Ord. 4336 § 1 (part), 2007)

Any person violating any of the terms of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the County Jail not to exceed six (6) months, or by both.

(Ord. 4336 § 1 (part), 2007)