Trinity County Municipal Code Ch. 5.12 Junk Dealers

A. "Itinerant junk dealer" means any person who goes about from house to house, or place to place, gathering, receiving, collecting, buying or otherwise acquiring, selling, or otherwise disposing of, or otherwise dealing in secondhand articles, goods, wares or merchandise of any type or description.

B. "Junk dealer" means any person who carries on, conducts, maintains or engages in the business of buying or otherwise acquiring, or selling, or otherwise disposing of, otherwise dealing in, secondhand articles, goods, wares or merchandise of any type or description.

C. "Person" means and includes both the singular and plural, and means any person, copartnership, association, form, club, society or corporation.

(Ord. 217 §1, 1956)

It shall be unlawful for any person to act as a junk dealer, within the county without first making an application for and receiving from the board of supervisors of the county a license to act as a junk dealer. It shall be unlawful for any person to act as an itinerant junk dealer within the county without first making an application for and receiving from the board of supervisors of the county, a license to act as an itinerant junk dealer.

(Ord. 217 §2, 1956)

Any person desiring any of the licenses referred to in Section 5.12.020 shall make application to the board of supervisors upon blanks furnished therefor. If the application is made by an individual he shall make oath that the contents of the application are true, and the contents of the application shall include the name and age of applicant, his present address or addresses, and the name under which the applicant has conducted a similar business within twelve months immediately preceding the date of the application. If the application for a license shall be made by the general manager 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 address of its officers, or, in the case of a copartnership, the names and addresses of all the partners.

(Ord. 217 §3(part), 1956)

Any person making application for any of the licenses referred to in Section 5.12.020 shall accompany the application with a license fee in the sum of thirty dollars, which sum includes the sum of ten dollars representing an investigation fee. The license fee shall be paid to the county clerk. Should the application for a license be refused, the sum of twenty dollars only shall be refunded to the applicant.

(Ord. 217-1 §1, 1973: Ord. 217 §3(part), 1956)

The applicant, at the request of the sheriff, shall accompany such application with photographs and fingerprints of all the individuals who are to be actually engaged in the buying or otherwise acquiring of secondhand goods, wares and merchandise for the business for which the license is requested. In the event any other person, after the license has been granted, shall be engaged in the management, buying or otherwise acquiring of such goods, wares and merchandise the licensee shall furnish to the sheriff 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 which shall have been issued shall be suspended or revoked if the licenses does not, within a reasonable time, comply with the provisions of this section.

(Ord. 217 §4, 1956)

The license applied for shall not be issued to the applicant until the sheriff, after investigation, shall file a report upon such application designating whether or not the applicant is a proper person to be granted the license applied for. The sheriff shall be allowed sixty days from the date of the application, if he desires, within which to file such report.

(Ord. 217 §5, 1956)

No license issued under the provisions of this chapter shall be transferable, and it shall be unlawful for any person to operate or conduct any business before obtaining a license as provided in Section 5.12.020.

(Ord. 217 §6, 1956)

The board of supervisors may suspend for a limited period, or it may revoke, a license issued pursuant to the terms and provisions of this chapter upon receiving legal evidence that the person holding the license has been convicted of any violation of this chapter, or of any other ordinance or law of the county relating to any business for which a license is required by this chapter or has conducted his business in an unlawful manner.

(Ord. 217 §7, 1956)

Whenever a license is suspended under the terms and provisions of this action, an application may be made for reinstatement of the license after, but not before the expiration of a period of thirty days from the date of the suspension. Whenever a license is revoked under the provisions of this section an application may be made for a license provided for by this chapter after, but not before, the expiration of a period of ninety days from and after the date of the revocation.

(Ord. 217 §8, 1956)

Every person acting as a junk dealer shall mail or deliver daily to the sheriff of the county, on the original of blank forms that will be obtainable from the sheriff 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 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, work 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 as 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. 217 §9, 1956)

Each person required to make the foregoing report shall retain the duplicate copy thereof as a permanent record at the place of business of the person, if the person has a place of business, otherwise at the residence of the person. The triplicate copies shall be open for inspection at all times during business to any enforcement officer, his agent, deputy or investigator.

(Ord. 217 §10, 1956)

Each of the 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; and

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. 217 §11, 1956)

It shall be unlawful for any person to transport through or out of the county any property covered by this chapter without first having the same inspected and released by the sheriff of the county.

(Ord. 217 §12, 1956)

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

(Ord. 217 §13, 1956)

It shall be unlawful for a person to use a fictitious name or incorrect address in any report made pursuant to the provisions thereof.

(Ord. 217 §14, 1956)

It shall be 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 sheriff pursuant to the provisions of Section 5.12.100; provided, however, that if the 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 sheriff, pursuant to the provisions of Section 5.12.100. The sheriff is authorized to release any property covered by this chapter which he 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 licenses under this chapter, such waiting period shall not apply to property heretofore released in accordance with this section.

(Ord. 217 15, 1956)

It shall be 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 public view at all times during business hours.

(Ord. 217 16, 1956)

It shall be unlawful for any person acting as a junk dealer or itinerant junk dealer to purchase or otherwise acquire any secondhand articles, good, wares and merchandise of any type or description offered said person by any minor under the age of eighteen years.

(Ord. 217 17, 1956)

The provisions of Section 5.12.180 shall not be deemed to apply to the purchase, or acquirement by other means, by persons acting as junk dealers or itinerant junk dealers of the following secondhand articles, goods, wares and merchandise: rags, bottles, sacks in lots of fifty or less, barrels, cans and newspapers.

(Ord. 217 §18, 1956)

It shall be unlawful for any person acting as a junk dealer to purchase or otherwise acquire secondhand articles, goods, wares or merchandise within the county 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. 217 §19, 1956)

It shall be unlawful for any person acting as a junk dealer to also act as an itinerant junk dealer without obtaining a license to act as an itinerant junk dealer; provided, however, that a person acting as a junk dealer may use motor or other vehicles if incidental to his business as a junk dealer, without having to obtain a license to act as an itinerant junk dealer.

(Ord. 217 §20, 1956)

Upon the expiration of any license issued under the provisions of this chapter the holder thereof shall be entitled to a new license for the ensuing year without making an application for a new license, provided the sheriff has endorsed upon the old license his approval of this issuance of a new one for the ensuing year.

(Ord. 217 §21, 1956)

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. 217 §22, 1956)