Sonoma County Municipal Code § 16-1 Definitions

Footnotes:

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For state law as to junk dealers, see B. & P. C. § 21600 et seq.

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

Itinerant junk peddler. Any person buying or selling or collecting junk outside the corporate limits of any incorporated city within this county who does not have an established place of business within this county or within the corporate limits of an incorporated city thereof, and who does not maintain or operate a junk shop or junk yard within this county or within the corporate limits of an incorporated city thereof.

Junk shop or junkyard. The use of more than one hundred square feet of the area of any land or lot, or the use of any portion of that half of any land or lot which half adjoins any public or private street or road, for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for gale or storage.

(Ord. No. 511 §§ 9, 10.)

It is intended by this chapter to provide for three classes of persons dealing in junk, namely, "junk dealers" as defined in section 16-6, "itinerant junk peddlers" as defined in section 16-1 and other persons dealing in junk who are not defined either as a "junk dealer" or as an "itinerant junk peddler." The latter class of persons shall not be required to obtain any license except vehicle licenses as provided in section l6-13.

(Ord. No. 511 § 3.)

Before any person shall engage, in the county outside of the corporate limits of any incorporated city thereof, in the business of buying or selling old iron, brass, copper, tin, lead, rags or other junk, whether at a fixed place of business or as an itinerant peddler, he shall make an application to and obtain from the treasurer-tax collector of the county a license to engage in such business.

(Ord. No. 511 § 4.)

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As to finance and taxation generally, see ch. 12 of this code.

The application for a license as provided for by section 16-3 shall be referred to the sheriff of the county, who shall make an investigation concerning the character of the applicant and shall report thereon to the treasurer-tax collector. The sheriff, to make such investigation, shall obtain from the department of criminal investigation and identification of the state a report of criminal convictions of the applicant. Such application shall also be referred to the planning director of the county, who shall make an investigation concerning the applicant's compliance with the provisions of chapter 26, as amended, as regards the establishment, maintenance or operation of any junk yard or shop in connection with the application, and shall report thereon to the treasurer-tax collector.

Upon receiving such reports, the treasurer-tax collector shall grant or deny the applicant a license to engage in such business; and such license shall be granted unless it shall appear from such report of the sheriff that the applicant has been convicted of a felony or of any crime involving moral turpitude, or unless it shall appear from such report of the planning director that the establishment, maintenance or operation of a junk shop or junk yard in connection with the approval of such application and the granting of such license would violate the applicable provisions of chapter 26, as amended.

Nothing in this chapter shall be construed as authority for any license to engage in any unlawful business or act or to fail to comply with other provisions of this Code and applicable ordinances of the county.

(Ord. No. 511 § 4.)

Any person whose application for a license as required by this chapter has been refused by the treasurer-tax collector shall have the right within thirty days after such application has been refused to appeal from the action of the treasurer-tax collector to the Board of Supervisors by written notice of appeal filed with the clerk of such Board, and it shall be the duty of the Board of Supervisors at a regular meeting within thirty days after such written notice of appeal has been received to hear such appeal and evidence upon the same and to sustain or to overrule the actions of the treasurer-tax collector. The decision of the Board of Supervisors shall be final. In the event the action of the treasurer-tax collector shall be overruled by the Board of Supervisors, it shall be the duty of the treasurer-tax collector forthwith to issue the license applied for.

(Ord. No. 511 § 4.)

Every person buying or selling or collecting junk and maintaining or operating a junk shop or junk yard or an established business in this county outside of the corporate limits of any incorporated city thereof shall hereby be classified as a junk dealer and shall pay a license fee to the county in the sum of twenty-five dollars per annum, payable per annum in advance; provided, however, that nothing in this chapter shall excuse any person, whether or not licensed as a junk dealer or itinerant junk peddler by this county or by any incorporated city thereof, from the requirements of section 16-13.

(Ord. No. 511 § 9.)

Every person engaged in the business of buying or soliciting junk as an itinerant junk peddler shall hereby be classified as itinerant junk peddler and shall pay a fee to the county in the sum of twenty-five dollars per annum, payable per annum in advance.

(Ord. No. 511 § 10.)

The Board of Supervisors may revoke or suspend the license of any person who violates any of the provisions of this chapter.

Upon its own motion or upon the filing of a verified complaint in writing charging any licensee under this chapter with the commission within one year prior to the date of filing such complaint of any act or omission which is cause for suspension or revocation of a license, the Board of Supervisors shall forthwith issue a citation directing the licensee within ten days after service of the citation upon him to appear by filing with the Board of Supervisors his verified answer to the complaint showing cause, if any he has, why his license should not be suspended or revoked. Service of the citation upon the licensee shall be fully effected by mailing a true copy thereof together with a true copy of the complaint by United States registered mail in a sealed envelope with postage fully prepaid thereon addressed to the licensee at his latest address of record in the office of the treasurer-tax collector.

At the time fixed for appearance or at the date to which the appearance may be continued by the Board of Supervisors, such Board may hear the holder of the license and shall hear statements from other persons who may attend the hearing and present reasons why the license should or should not be revoked or suspended, and may, if it so desires, place under oath and question any person before it; provided, that the Board of Supervisors may close the hearing when it is convinced that no public good will result from its continuance.

At the close of the hearing, or at any time within thirty days thereafter, the Board of Supervisors shall determine from the facts produced from the hearing and from any other facts in its possession whether or not the license should be suspended or revoked, and shall make its order accordingly and may make such order conditional upon the doing or not doing of any act by the holder of the license or his agents or servants, which the Board of Supervisors deems for the public good.

Failure of the licensee to answer shall be deemed an admission by him of the commission of the act or acts charged in the complaint and thereupon, without further hearing, the Board of Supervisors shall have the power to forthwith suspend or revoke the license.

Upon revocation of this license no part of the money in the hands of the treasurer-tax collector shall be returned or refunded, but such license fee shall be forfeited to the county.

Written notice of such revocation or suspension shall be given to the treasurer-tax collector by the clerk of the Board of Supervisors within five days after such action by the Board of Supervisors.

(Ord. No. 511 § 4.)

All junk purchased by junk dealers licensed or regulated under the provisions of this chapter shall be held for a period of at least seven days before the same shall be sold; provided, however, that property classed by this chapter as junk may be sold in and for use within the county within seven days after purchase; provided, that a complete record of such sale is kept for inspection by the officers named in section 16-12 and some lasting identification mark is placed upon each article so sold.

(Ord. No. 511 § 6.)

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

(Ord. No. 511 § 7.)

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

(Ord. No. 511 § 8.)

Every person collecting, buying or selling junk shall keep at his place of business a substantial, well-bound book and shall promptly enter therein an exact description of all personal property purchased by him, the date of purchase, name and address or place of business of the person from whom purchased, and all particular or prominent marks of identification that may be found upon such property. Such book shall be kept neat and clean, and all entries made therein shall be neatly and legibly written in ink. Such book shall at all times during the ordinary hours of business be open to the inspection of the sheriff of the county or any peace officer of the county or the state.

(Ord. No. 511 § 5.)

Every person engaged in business within this county outside the corporate limits of any incorporated city thereof, either as a junk dealer or itinerant junk peddler as defined in this chapter, or who engages in a business within this county outside the corporate limits or any incorporated city thereof of buying, selling, collecting or otherwise dealing in junk shall pay a license fee to the county in the sum of twelve dollars per annum, payable per annum in advance, for every vehicle used in such business.

(Ord. No. 511 § 11.)

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As to motor vehicles generally, see ch. 18 of this code.

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As to finance and taxation generally, see ch. 12 of this code.

All vehicles used in connection with the business of junk dealing or junk peddling shall be provided with a windshield license decal containing a number by the treasurer-tax collector of the county upon payment of the license fee prescribed by this chapter, and such decal shall be attached to the lower right-hand corner of the windshield of the vehicle. Such windshield license decal shall not be transferable.

The treasurer-tax collector is authorized to procure such decals for the purpose above set forth.

Junk dealers or itinerant junk peddlers shall receive from the treasurer-tax collector, upon payment of the license fee provided for by this chapter an identification card containing a number, which identification card shall be carried upon the person of the junk dealer or itinerant junk peddler. Such identification card shall not be transferable.

The treasurer-tax collector of the county is hereby authorized to procure such suitable identification cards, as above set forth, as shall be necessary to comply with the terms of this chapter.

(Ord. No. 511 § 12.)

All persons heretofore licensed as a junk dealer or itinerant junk peddler by the county under former Ord. Nos. 106 and 361 shall be entitled to continue as such licensees upon complying with the provisions of this chapter; provided, however, that no original investigations shall be required as to such persons as provided for in section 16-4.

(Ord. No. 511 § 2.)