Yuba County Municipal Code Ch. 6.36 Junk Dealers and Scrap Metal Recyclers

This Chapter is adopted in supplementation of Business and Professions Code Div. 8, Ch. 9, Art. 3 (Business and Professions Code § 21600 et seq.). This Chapter is not intended to supersede the provisions of these statutes. Any conflict that may exist between this Chapter and State laws shall be resolved in favor of the latter. Nothing contained herein shall relieve any person or legal entity of obligations contained in the Business and Professions Code or other provisions of State or local law.

(Prior Code, § 6.36.010; Ord. No. 1424)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) 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.

(2) 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.

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

(4) Recycler means any processor, recycling center, or noncertified recycler, as those terms are defined in Public Resources Code Div. 12.1, Ch. 2 (Public Resources Codes Div. 12.1, Ch. 2 (Public Resources Code § 14502 et seq.), who buys or sells scrap metal that constitutes junk, as defined in Business and Professions Code § 21600.

(5) 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 Public Resources Code Div. 12.1, Ch. 2 (Public Resources Code § 14502 et seq.).

(Prior Code, § 6.36.020; Ord. No. 1424)

State Law reference— Similar provisions, Business and Professions Code § 21600 et seq.

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.

(6) Secondhand clothing merchants and rag pickers.

(Prior Code, § 6.36.030; Ord. No. 1424)

State Law reference— Similar provisions, Business and Professions Code § 21604.

(a) Every junk dealer and every recycler in this State is hereby required to keep a written record of all sales and purchases made in the course of his or her business. Every junk dealer and every recycler shall set out in the written record required by this Section all of the following:

(1) 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.

(2) The 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 dealer's or recycler's place of business.

(3) The name and address of each person to whom junk is sold or disposed of, and the license number of any motor vehicle used in transporting the junk from the junk dealer's or recycler's place of business.

(4) A description of the item or items of junk purchased or sold, including the item type and quantity, and identification number, if visible.

(5) A statement indicating either that the seller of the junk is the owner of it, or the name of the person he or she obtained the junk from, as shown on a signed transfer document.

(b) Any person who makes, or causes to be made, any false or fictitious statement regarding any information required by this Section, is guilty of a misdemeanor.

(c) Every junk dealer and every recycler shall report the information required in Subsection (a) to the Sheriff in the same manner as described in Business and Professions Code § 21628.

(Prior Code, § 6.36.040; Ord. No. 1424)

State Law reference— Similar provisions, Business and Professions Code §§ 21605, 21606.

Every junk dealer or recycler shall, during normal business hours, allow periodic inspection of any premises maintained and any junk thereon for the purpose of determining compliance with the recordkeeping requirements of this Chapter, and shall during those hours produce his or her records of sales and purchases, except as provided in Section 6.36.081(a)(3)a, and all property purchased incident to those transactions which is in the possession of the junk dealer or recycler for inspection by any of the following persons:

(1) An officer holding a warrant authorizing him or her to search for personal property.

(2) A person appointed by the Sheriff of a County or appointed by the head of the police department of a city.

(3) An officer holding a court order directing him or her to examine the records or property.

State Law reference— Similar provisions, Business and Professions Code § 21606.5.

Every junk dealer and recycler shall preserve the written record required by this Chapter for at least two years after making the final entry of any purchase or sale of junk or scrap metals and alloys as defined in Section 6.36.020.

State Law reference— Similar provisions, Business and Professions Code § 21607.

(a) A junk dealer or recycler who fails in any respect to keep the written record required by this Chapter, or to set out in that written record any matter required by this Chapter to be set out therein, is guilty of a misdemeanor. Every junk dealer or recycler who refuses, upon demand pursuant to Section 6.36.041, to exhibit the written record required by this Chapter, or who destroys that record within two years after making the final entry of a purchase or sale of junk therein, is guilty of a misdemeanor.

(b) Any knowing and willful violation of Subsection (a) shall be punishable as follows:

(1) For a first offense, by a fine of not less than $1,000.00, or by imprisonment in the County Jail for not less than 30 days, or by both such fine and imprisonment.

(2) For a second offense, by a fine of not less than $2,000.00, or by imprisonment in the County Jail for not less than 30 days, or by both such fine and imprisonment. In addition to any other sentence imposed pursuant to this Subsection, the court may order the defendant to stop engaging in business as a junk dealer or recycler for a period not to exceed 30 days.

(3) For a third or any subsequent offense, by a fine of not less than $4,000.00, or by imprisonment in the County Jail for not less than six months, or by both such fine and imprisonment. In addition to any other sentence imposed pursuant to this Subsection, the court shall order the defendant to stop engaging in business as a junk dealer or recycler for not less than one year.

State Law reference— Similar provisions, Business and Professions Code § 21608.

Any unauthorized disclosure of personal identification information collected from a seller by a junk dealer or recycler is prohibited, and any such disclosure shall render the violator liable for a civil fine of up to $5,000.00.

State Law reference— Similar provisions, Business and Professions Code § 21608.3.

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

(Prior Code, § 6.36.050; Ord. No. 1424)

It is unlawful for any junk dealer or recycler to conduct his or her business as a junk dealer within this County between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day.

(Prior Code, § 6.36.060; Ord. No. 1424)

It is unlawful for any junk dealer or recycler to make payment for the purchase of junk to any person except by paper draft or check after a minimum period of five business days from the date of purchase.

(Prior Code, § 6.36.070; Ord. No. 1424)

(a) 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 following transactions: The sale or purchase of any junk which reasonably appear to be used only by governments, utilities, railroads, or for specific purposes, such as guardrails, manhole covers, aluminum irrigation pipe, high voltage transmission lines, historical markers, cemetery plaques, light poles, and bleachers.

(b) Every junk dealer or recycler shall hold all scrap metals described in this Section in its custody in the same condition in which they were received for a minimum of five days before the scrap metals and alloys may be released or disposed of.

(Prior Code, § 6.36.080; Ord. No. 1424)

(a) A junk dealer or recycler in this State shall not provide payment for nonferrous material unless, in addition to meeting the written record requirements of Section 6.36.040 all of the following requirements are met:

(1) The payment for the material is made by cash or check. The check may be mailed to the seller at the address provided pursuant to Subsection (a)(3) or the cash or check may be collected by the seller from the junk dealer or recycler on the third business day after the date of sale.

(2) At the time of sale, the junk dealer or recycler obtains a clear photograph or video of the seller.

(3) a.

Except as provided in Subsection (a)(3)b, the junk dealer or recycler obtains 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.

b. If the seller prefers to have the check for the material mailed to an alternative address, other than a post office box, the junk dealer or recycler shall obtain a copy of a driver's license or identification card described in Subsection (a)(3)a, and a gas or electric utility bill addressed to the seller at that alternative address with a payment due date no more than two months prior to the date of sale. For purposes of this Subsection, "alternative address" means an address that is different from the address appearing on the seller's driver's license or identification card.

(4) The junk dealer or recycler obtains a clear photograph or video of the nonferrous material being purchased.

(5) The junk dealer or recycler shall preserve the information obtained pursuant to this Subsection for a period of two years after the date of sale.

(6) a.

The junk dealer or recycler obtains a thumbprint of the seller, as prescribed by the Department of Justice. The junk dealer or recycler shall keep this thumbprint with the information obtained under this Subsection and shall preserve the thumbprint in either hardcopy or electronic format for a period of two years after the date of sale.

b. Inspection or seizure of the thumbprint shall only be performed by a peace officer acting within the scope of his or her authority in response to a criminal search warrant signed by a magistrate and served on the junk dealer or recycler by the peace officer. Probable cause for the issuance of that warrant must be based upon a theft specifically involving the transaction for which the thumbprint was given.

(b) Subsection (a)(1) shall not apply if, during any three-month period commencing on or after the effective date of this Section, the junk dealer or recycler completes five or more separate transactions per month, on five or more separate days per month, with the seller and, in order for Subsection (a)(1) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler.

(c) This Section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:

(1) The name, physical business address, and business telephone number of the seller's business.

(2) The business license number or tax identification number of the seller's business.

(3) A copy of the valid driver's license of the person delivering the nonferrous material on behalf of the seller to the junk dealer or the recycler.

(d) This Section shall not apply to the redemption of nonferrous material having a value of not more than $20.00 in a single transaction, when the primary purpose of the transaction is the redemption of beverage containers under the California Beverage Container Recycling and Litter Reduction Act (Public Resources Code § 14500 et seq.).

(e) This Section shall not apply to coin dealers or to automobile dismantlers, as defined in Vehicle Code § 220.

(f) For the purposes of this Section, "nonferrous material" means copper, copper alloys, stainless steel, or aluminum, but does not include beverage containers, as defined in Public Resources Code § 14505, that are subject to a redemption payment pursuant to Public Resources Code § 14560.

State Law reference— Similar provisions Business and Professions Code § 21608.5.

• Payments for newspaper and California Redemption Value containers; requirements; exceptions; penalty for disclosure of personal identification information.

(a) A junk dealer or recycler, as defined in Subsection (f), shall not provide payment for newspaper, as defined in Section 538c of the Penal Code, or for California Redemption Value (CRV) containers unless, in addition to meeting the written record requirements of Section 6.36.040, all of the following requirements are met:

(1) The payment for the newspaper or for the CRV containers is made by check or by other electronic transfer from the junk dealer or recycler to the seller. A recycler, if authorized by regulations adopted pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code Div. 12.1 (Public Resources Code § 14500 et seq.), may provide payment for CRV containers through a voucher that is immediately redeemable for cash.

(2) The junk dealer or recycler obtains and records a valid, documented address for the seller by obtaining 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, or other valid identification containing the seller's address, such as utility bills in the seller's name. The junk dealer or recycler shall preserve the photograph and the address or the copies obtained pursuant to this Subsection for a period of two years after the date of sale.

(b) The requirements of Subsection (a)(1) shall not apply if, during any three-month period commencing on or after the effective date of this Section, the junk dealer or recycler completes five or more separate transactions per month with the seller, and in order for the requirements of Subsection (a)(1) to continue to be inapplicable, the seller must continue to complete five or more separate transactions per month with the junk dealer or recycler.

(c) This Section shall not apply if, on the date of sale, the junk dealer or recycler has on file or receives all of the following information:

(1) The name, physical business address, and business telephone number of the seller's business.

(2) The business license number or tax identification number of the seller's business.

(3) A copy of the valid driver's license or a copy of a State or Federal Government-issued identification card containing a photograph and an address of the person delivering newspaper or CRV containers on behalf of the seller to the junk dealer or the recycler.

(d) Any unauthorized disclosure of personal identification information collected from a seller by a junk dealer or recycler is prohibited, and any violation of this prohibition is subject to a civil fine not to exceed $5,000.00.

(e) This Section shall not apply to the payment for newspaper having a value of $50.00 or less in a single transaction or CRV containers having a value of $100.00 or less in a single transaction.

(f) This Section shall only apply in jurisdictions that offer curbside pickup of materials that include newspaper and CRV containers.

(g) For purposes of this Section, "recycler" means any processor, recycling center, or noncertified recycler, as those terms are defined in Public Resources Code Div. 12.1, Ch. 2 (Public Resources Code § 14502 et seq.).

State Law reference— Similar provisions, Business and Professions Code § 21608.6.

• Property suspected of being stolen; peace officer placement of hold on property; rights, duties and liabilities of junk dealer or recycler; costs.

(a) Whenever a peace officer has probable cause to believe that property in the possession of a junk dealer or recycler is stolen, in lieu of seizing the property, the peace officer as defined in Subsection (b) of Section 21606.5, at his or her option, may place a hold on the property for a period not to exceed 90 days. When a peace officer places a hold on the property, the peace officer shall give the junk dealer or recycler a written notice at the time the hold is placed, describing the item or items to be held plus the case number. During that period the junk dealer or recycler shall not release or dispose of the property, except pursuant to a court order or upon receipt of a written authorization signed by a peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member. Except as specifically set forth in this Section, a junk dealer or recycler shall not be subject to civil liability for compliance with this Section.

(b) Whenever property that is in the possession of a junk dealer or recycler is subject to a hold and the property is required by a peace officer in a criminal investigation, the junk dealer or recycler, upon reasonable notice, shall produce the property at reasonable times and places or may deliver the property to any peace officer upon the request of any peace officer who is a member of the law enforcement agency of which the peace officer placing the hold on the property is a member.

(c) Whenever property that is in the possession of a junk dealer or recycler is subject to a hold and the property is no longer required for the purpose of criminal investigation, the law enforcement agency that placed the hold on the property shall undertake the following:

(1) With respect to the property being held, if the law enforcement agency has no knowledge of the property on hold being reported as stolen, the property shall be released upon written notice to the junk dealer or recycler. The notice shall be provided in a timely fashion.

(2) a.

If the law enforcement agency has knowledge that the property has been reported stolen, the law enforcement agency shall notify the person who reported the stolen property of the name and address of the junk dealer or recycler holding the property and authorize the release of the property to that person.

b. The law enforcement agency that placed the property on hold shall release the hold after 60 days has elapsed following the delivery of the notice to the person who reported the property stolen.

(3) If a victim seeks to recover property that is subject to a hold, the junk dealer or recycler shall advise the victim of the name and badge number of the peace officer who placed the hold on the property and the name of the law enforcement agency of which the officer is a member. If the property is not required to be held pursuant to a criminal prosecution the hold shall be released.

(d) Upon conviction of a person for the theft of property placed on hold pursuant to this Section, the court shall order the defendant to do both of the following:

(1) Pay the junk dealer or recycler reasonable costs for the storage of the property.

(2) Pay the victim for both the value of the property stolen and any reasonable collateral damage caused in the commission of the theft.

State Law reference— Similar provisions, Business and Professions Code § 21609.

(a) Except as provided in Subsection (b), no junk dealer or recycler may purchase or receive refillable stainless steel or aluminum alloy beer kegs marked with an indicia of ownership from any person or entity other than the indicated owner. For purposes of this Section, "indicia of ownership" means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the beer keg that reasonably identifies the owner.

(b) If the seller is not the indicated owner, a junk dealer or recycler may purchase or receive refillable stainless steel or aluminum alloy beer kegs only if the seller or transferor provides a receipt from the indicated owner verifying the seller's current ownership or a document indicating that the seller or transferor is authorized by the indicated owner to sell or transfer the beer kegs. Copies of these documents shall be maintained by the junk dealer or recycler as part of the written record of the transaction.

State Law reference— Similar provisions, Business and Professions Code § 21609.5.

(a) License—Required. It is unlawful for any person to act as a junk dealer or recycler without first making an application for and receiving from the Treasurer-Tax Collector a license to act as such junk dealer or recycler in the unincorporated areas of the County. The nonrefundable initial filing fee must be paid prior to issuance of a junk dealer or recycler license. Thereafter, an annual fee must be paid. Fees are pursuant to the County's Consolidated Fee Schedule.

(b) License—Application—Contents.

(1) Any person desiring a license, or to renew a license, hereunder shall make application to the Treasurer-Tax Collector upon blanks furnished therefor. If the application is made by an individual, he shall affirm under penalty of perjury 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, and the place where, the applicant has conducted a similar business within 12 months immediately preceding the date of the application. If the business is to be engaged in by a partnership, association or corporation, 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 addresses of its officers, or, in the case of a co-partnership, the names and addresses of all the partners.

(2) If applicable, in accordance with Business and Professions Code §§ 12703 and 12733, the applicant shall attach to the application documentation to the satisfaction of the Tax Collector that the applicant holds a current and active California Weighmaster License. A copy of the applicant's current Weighmaster License shall be displayed in a prominent location at each location where the applicant conducts business.

(3) The applicant shall acknowledge having read Penal Code § 496a, which shall be prominently set forth on the application in bold type.

(c) License—Application—Investigation.

(1) Upon submission of a complete application for license under this Chapter, the application shall be immediately referred to the Department of Planning and Community Development, the Department of Environmental Resources, and to the Sheriff for investigation concerning the applicant's business and character of the applicant. These departments shall, after investigation, file a report upon the application designating whether or not the applicant is a proper person to be granted the license applied for. No applicant shall be reported as a proper person to be granted a license under this Chapter unless and until it appears that the applicant's conduct or proposed conduct of the business does and will comply with all applicable laws and ordinances, including but not limited to those relating to the public health and to zoning. The departments shall be allowed 60 days from the date of receiving a completed application within which to file the report.

(d) License—Denial appeal. In the event of the denial of an application for license under this Chapter, the applicant may, within ten days after the date written notice of such adverse report is mailed, file with the Board of Supervisors a notice of intention to appear before the Board to appeal the denial of the application. Upon failure to file such notice within the ten-day period, the denial of the application shall be final and conclusive.

(e) License—Suspension, revocation or conditioning of license. The Board of Supervisors may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may, after ten days' written notice to the licensee and after a hearing before the Board, suspend, revoke, or condition the license of any licensee who commits any one or more of the acts or omissions constituting grounds for disciplinary action under this Section. The grounds for such action shall be summarized in the notice. The notice provided for herein shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions. Pending the Board's final decision regarding the license, a licensee may continue to engage in the business for the period of his license.

(f) License—Disciplinary action grounds. It shall be a ground for disciplinary action if any licensee, his agent or employee or any person connected or associated with the licensee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the licensee has:

(1) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed; or

(2) Violated any provision or this Chapter or of any statute relating to his licensed activity; or

(3) Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude; or

(4) Committed any act constituting dishonesty or fraud; or

(5) A bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; or

(6) Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting a licensed business; or

(7) Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a licensed business; or

(8) Violated any rule or regulation adopted by the Board relating to the licensee's business; or

(9) Conducted the licensed business in a manner contrary to the peace, health, safety, and general welfare or the public; or

(10) Demonstrated that he is unfit to be trusted with the privileges granted by such license; or

(11) Failed to comply with the regulations of Yuba County.

(g) License—Revocation without hearing upon conviction. If any person holding a license under this Chapter is convicted in any court of the violation of any law relative to his operation of a licensed business, the Board may revoke the license forthwith without any further action thereon other than giving notice of revocation to the licensee.

(Prior Code, § 6.36.090; Ord. No. 1424)

Any person violating any provision of this Chapter shall be guilty of a misdemeanor and subject to a fine of not more than $1,000.00 or imprisonment in the County Jail for not more than six months, or both such fine and imprisonment.

(Prior Code, § 6.36.100; Ord. No. 1424)

State Law reference— Penalty for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.