Tehachapi Municipal Code Ch. 5.32 Junk Dealers

The following words as used in this chapter shall have the following meanings:

A. "Itinerant junk dealer" means any person other than a secondhand oil well supply dealer, or an automobile sales agency, a secondhand dealer as defined in this section, an itinerant peddler as defined in this section, or a street vendor as defined in this section, not having a fixed place of business in the city, who continuously goes about from house to house, or place to place, without establishing or setting up a stand or other apparatus which fixes a location from which the business is conducted for more than one hour, gathering receiving, collecting, buying, selling, disposing of or otherwise dealing in any scrap or salvaged articles, goods, wares or merchandise of any type or description.

B. "Itinerant peddler" means any person other than a secondhand oil well supply dealer, an automobile sales agency, a secondhand dealer as defined in this section, a street vendor as defined in this section, or an itinerant junk dealer as defined in this section, not having a fixed place of business in the city, who continuously goes about from house to house or place to place without establishing or setting up a stand or other apparatus which fixes a place from which the business is conducted for more than one hour, and who gathers, receives, collects, buys, sells, disposes of or otherwise deals in new or used articles, goods, wares or merchandise of any type or description.

C. "Junk dealer" means any person other than a secondhand oil well supply dealer, or an automobile sales agency, or a secondhand dealer, as defined in this section, having a fixed place of business in the city, who carries on, conducts, maintains or engages in the business of buying or otherwise disposing of, or otherwise dealing in secondhand or salvaged articles, goods, wares or merchandise of any type or description, including the purchase of wrecked cars.

D. "Person" means and includes those firms, individuals and corporations defined in Section 5.04.020 of this title.

E. "Secondhand dealer" as defined insofar as required by Article 4 of Chapter 9 of Division 8 (comprising Sections 21625 through 21647) of the Business and Professions Code of the state as it now reads or as it may be amended.

F. "Street vendor" means any person other than a secondhand oil well supply dealer, an automobile sales agency, a secondhand dealer as defined in this section, an itinerant peddler as defined in this section, or an itinerant junk dealer as defined in this section, not having a fixed place of business in the city, who continuously goes about from place to place without establishing or setting up a stand or other apparatus which fixes a place from which the business is conducted for more than an hour, and who gathers, receives, collects, buys, sells, disposes of, or otherwise deals in new or used articles, goods, wares or merchandise of any type of description.

(Ord. 89-06-561 § 1(part), 1989)

A. Each person obtaining a license to act as an itinerant junk dealer shall receive from the city upon the payment of his fee for the license, an identification card containing the name, address, license number, description of license, the period for which the license is issued, and the words "itinerant junk dealer."

B. This card shall be carried by such person at all times while acting as an itinerant junk dealer, and it shall be unlawful for any person to act as an itinerant junk dealer unless he carries such card.

(Ord. 89-06-561 § 1(part), 1989)

In the event a licensee shall employ buyers for his business, then each of such buyers shall carry a like identification card setting forth the name, address and license number of the licensee, and the name, address and description of such buyer.

(Ord. 89-06-561 § 1(part), 1989)

Each person obtaining a license to act as an itinerant junk dealer shall also receive from the city, upon the payment of his fee for such license, a circular metal license tag for each vehicle used by him in his business, containing the same number as the identification card issued to him and the period for which the license was issued, and the words "itinerant junk dealer." One of such tags shall be attached in a conspicuous place to the body of each vehicle used in such business, and it shall be unlawful for any person acting as an itinerant junk dealer to use any vehicle in his business unless he has such a tag attached thereto.

(Ord. 89-06-561 § 1(part), 1989)

The identification cards and tags referred to in this chapter are not transferable, and it shall be unlawful for any person to transfer to another his identification card or any of his tags, and it shall be unlawful for any person to use an identification card or tag that has not been issued to him.

(Ord. 89-06-561 § 1(part), 1989)

It is unlawful for any person to use a fictitious name or incorrect address in any report made pursuant to the provisions of this chapter.

(Ord. 89-06-561 § 1(part), 1989)

Every person acting as a junk dealer, an itinerant junk dealer or a secondhand oil well supply dealer, or operating or maintaining a foundry, shall mail or deliver daily to the city police department on the original and duplicate of the triplicate blank forms that will be obtainable from the police department for such purpose, a full, true and complete report, written or printed in the English language in a clear and legible manner, of all secondhand articles, goods, wares and merchandise purchased or otherwise acquired, upon any terms or conditions or for any purpose or purposes whatever, during the day preceding the mailing or delivering of such report; such report shall show with respect to each item the following particulars:

A. A complete description of the same, including the manufacturer's trade name or brand, if any, its size and color, and, if the item has engraved thereon any number, word or initial, or contains any settings of any kind, the description shall include such number, word or initial and the kind of settings, if any, and the number thereof;

B. The cost of each item, or if the item is acquired on an exchange, a brief description of the item exchanged for it;

C. The true name and address, as nearly as the same is known to or can be ascertained by such licensee and, if possible, the personal signature of the person or persons from whom such article was received or purchased or otherwise acquired, together with a full and complete description of such person or persons, such as height, weight, color of eyes, color of hair, dress and occupation;

D. If the item is delivered or received from a vehicle, its license number, if any, and its type and color; provided, however, that such report shall not be required in transactions between licensees under this chapter as to property therefor released, in accordance with this chapter.

(Ord. 89-06-561 § 1(part), 1989)

Each person required to make the report described in Section 5.32.070 shall retain the triplicate copy thereof as a permanent record at the place of business of such person if such person has a place of business, otherwise at the residence of such person; the triplicate copies shall be open for inspection at all times during business hours to any law enforcement officer, his agent, deputy or investigator.

(Ord. 89-06-561 § 1(part), 1989)

Each of such persons shall also keep a permanent record showing the following particulars relative to the disposition of all secondhand articles, goods, wares and merchandise disposed of by the person:

A. Date of disposition;

B. Place of disposition;

C. Name and address of the person buying or otherwise acquiring it, which record shall be open for inspection at all times during business hours to any law enforcement officer or his regularly paid deputies.

(Ord. 89-06-561 § 1(part), 1989)

The police department shall file all reports delivered to it pursuant to the provisions of this chapter in a secure place in its office, and they shall be open for inspection to any law enforcement officer, his agent, deputy or investigator.

(Ord. 89-06-561 § 1(part), 1989)

It is unlawful for any licensee under this chapter to sell or otherwise dispose of any secondhand articles, goods, wares or merchandise of any type or description within seven days after report of the same is made to the police department pursuant to the provisions of Section 5.32.070 of this chapter, provided, however, that if such articles, goods, wares or merchandise are fit for the use for which they were originally intended or made, it shall be unlawful to sell or otherwise dispose of the same within twenty-one days after the report of the same is made to the police department, pursuant to the provisions of Section 5.32.070. The police department is authorized to release any property covered by this chapter which it inspects and is satisfied that the same is in the lawful possession of such person, regardless of whether any waiting period, as provided by this chapter, has expired; and provided further, that as between licensees under this chapter, such waiting period shall not apply to property heretofore released in accordance with this section.

(Ord. 89-06-561 § 1(part), 1989)

It is unlawful, prior to the time that any articles, goods, wares or merchandise may be lawfully disposed of, to clean, alter, repair, paint or otherwise change the appearance of the same, or to fail to expose the same to the public view at all times during business hours.

(Ord. 89-06-561 § 1(part), 1989)

It is unlawful for any person to transport out of the city any property covered by this chapter without first having the same inspected and released by the police department of the city.

(Ord. 89-06-561 § 1(part), 1989)

A. It is unlawful for any person acting as a junk dealer, itinerant junk dealer or secondhand oil well supply dealer, or operating or maintaining a foundry, to purchase or otherwise acquire any secondhand articles, goods, wares, or merchandise of any type or description offered the person by any minor under the age of eighteen years.

B. The provisions of subsection A of this section shall not be deemed to apply to the purchase or acquirement by other means, by persons acting as junk dealers or itinerant junk dealers, or operating or maintaining a foundry, of the following secondhand articles, goods, wares and merchandise: rags, bottles, sacks in lots of fifty or less, barrels, cans and newspapers.

(Ord. 89-06-561 § 1(part), 1989)

It is unlawful for any person acting as a junk dealer, itinerant junk dealer, or operating or maintaining a foundry to purchase or otherwise acquire secondhand articles, goods, wares, or merchandise within the city between the hours of six p.m. of one day, and seven a.m. of the next succeeding day, or on Sunday or on a legal holiday.

(Ord. 89-06-561 § 1(part), 1989)

Every person violating or failing or neglecting or refusing to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person.

(Ord. 89-06-561 § 1(part), 1989)