Vernon Municipal Code Ch. 5.48 Junk and Secondhand Metal Dealers

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

"Buy form"

is the name of, and means the form furnished by the Police Department to any secondhand metal dealer or junk dealer for the purpose of recording and furnishing by such dealers to the Police Department of the required information relative to purchases, pledges or consignments of secondhand metal or junk.

"Junk dealer"

means any person having a fixed place of business in the City and engaged in conducting, managing or carrying on the business of buying, selling or otherwise dealing in, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk.

"Secondhand metal dealer"

means any person having a fixed place of business in the City and engaged in conducting, managing or carrying on the business of selling and buying, at wholesale or retail, any secondhand metal.

(Prior code § 14.1)

Within 48 hours after the receipt of any secondhand metal or junk by purchase, consignment or pledge, the recipient shall cause to be mailed or delivered to the Police Department a buy form written in the English language and completed in every respect as indicated on the buy form.

(Prior code § 14.2)

No person shall sell, alter, dispose of or remove any articles required by the terms of this chapter to be reported to the Police Department in the manner described in the preceding section until released by the Police Department.

(Prior code § 14.3)

The provisions of this chapter shall not apply to the purchase of articles from a business licensed under the provisions of this Code when the seller has complied with the provisions of this Code.

(Prior code § 14.4)

There shall be filed with the City Clerk at the time of filing an application for a license as a junk dealer, secondhand metal dealer, secondhand rag or paper dealer, or secondhand steel, pipe and fittings dealer, a bond executed on behalf of the City of Vernon by a surety corporation duly authorized to execute same, said bond being subject to approval by the City Attorney. Said bond shall be joint and several and the penalty shown thereof must be set by resolution, and must be conditioned to be paid to the City of Vernon. Said bond shall insure the City against any loss or damage which may result to a person from any transaction involving the sale of any commodity handled by the licensee and through licensee's failure to deliver a clear title to any person entitled thereto, immediately upon licensee's receipt of a final payment for that commodity. Said bond shall not be void upon first recovery, but may be sued upon and recovered upon from to time to time by any person aggrieved until the whole penalty is exhausted.

(Prior code § 5.67(a)(1))

An affidavit shall be signed by the applicant, showing that said applicant is to conduct his or her business at a fixed place where his or her goods and wares will be displayed for sale. This application for a license must be signed by the applicant. If applicant is a corporation or a partnership, the affidavit must be signed by a duly authorized officer on behalf of the corporation or by all members of a partnership and it must contain the address of all officers of the corporation or of all the partners.

(Prior code § 5.67(a)(2))

Upon receipt of said application, the City Clerk shall investigate, or have investigated, the character and business of applicant as specified in said application. Thereafter, he or she may issue a license to applicant which shall be effective for the remaining portion of the current year.

(Prior code § 5.67(b))

Each licensee licensed under the provisions set forth in Section 5.08.080 of this title, before the hour of 10:00 a.m. of each Monday and Wednesday of the week, shall make out and deliver to the Chief of Police, on a blank form to be furnished by the licensee and approved by the Chief of Police or duly authorized deputy, a full, true and complete report in the English language, of all goods, wares or merchandise purchased since the filing of the last report. Said report shall show the date each chapter was received or purchased, and the true name and address of the person or persons by whom said chapter was sold, together with a description of that person or persons as nearly as may be ascertained by the licensee. The description required to be given of such person or persons shall show the style of dress, height, age, sex, complexion, color of moustache or beard (or both where the same are worn and, if neither is worn, said facts to be noted), together with a complete description of each chapter purchased by the licensee.

(Prior code § 5.67(c))

It is unlawful for any licensee covered by the provisions of this chapter to sell or otherwise dispose of any chapter or thing bought by him or her within one week after such article or things has been purchased.

(Prior code § 5.67(d))

Each person operating under the provisions of this section or of any other section of this chapter shall be held strictly responsible for the conduct of his or her employees insofar as sales and purchases are concerned. Any violation of this subsection or of any other provision in this chapter, or of any law relating to or regulating such business in any unlawful manner by licensee, shall be deemed sufficient grounds to suspend and revoke any such license. No license shall be revoked except in a manner provided for in Section 5.04.320. of this title.

(Prior code § 5.67(e))