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HomeMy WebLinkAboutOrdinance 3162 ORDINANCE NO. J �V AN ORDINANCE PROVIDING FOR THE REGULATION OF JUNK DEALERS AND SECONDHAND DEALERS, DEFINING THE TERMS JUNK, JUNK DEALER, SECOND- HAND DEALER, AND SECONDHAND ARTICLES; DEFINING THE SYNONYMOUS USE OF THE TERMS JUNK DEALER, DEALERS IN JUNK AND SECONDHAND DEALERS; PRESCRIBING HOURS OF OPERATION FOR PERSONS ENGAGED IN BUSINESS OF A SECONDHAND DEALER OR A JUNK DEALER; PROHIBITING SECONDHAND DEALERS AND JUNK DEALERS FROM DOING BUSINESS ON SUNDAYS; REQUIRING SUCH JUNK DEALERS AND SECONDHAND DEALERS TO OBTAIN AN ANNUAL LICENSE; REQUIRING THE APPLICANT FOR SUCH LICENSE TO MAKE WRITTEN APPLICATION FOR SAME TO THE CITY ASSES- SOR AND COLLECTOR OF TAXES; PRESCRIBING AN ANNUAL LICENSE FEE IN ADVANCE FOR CLASS "A" JUNK DEALERS OF $25.00, CLASS "B" JUNK DEALERS OF $3.00 AND SECONDHAND DEALERS OF $25.00; PRESCRIBING THAT THE APPLICATION FOR A LICENSE BE SIGNED AND SWORN TO; PROVIDING FOR THE ISSUANCE OF LICENSES BY THE ASSESSOR AND COLLECTOR OF TAXES UPON COMPLIANCE WITH THE TERMS OF THIS ORDINANCE, PROVIDING FOR THE FURNISHING OF FREE APPLICATION BLANKS BY CITY; REQUIRING CLASS "A" JUNK DEALERS AND SECONDHAND DEALERS TO FURNISH BOND IN THE AMOUNT OF $1,000.00 PAYABLE TO THE CITY OF FORT WORTH AND APPROVED BY THE CITY COUNCIL OR ITS AUTHORIZED REPRESENTATIVE; PROVIDING THAT SUCH BOND BE CONDITIONED ON STRICT OBSERVANCE OF THIS ORDINANCE REGULATING THE TRADE OF JUNK DEALERS AND SECOND- HAND DEALERS; REQUIRING THAT LICENSE BE AVAILABLE FOR INSPECTION; FORBIDDING HOLDER TO ASSIGN OR PERMIT USE OF HIS LICENSE; PRO- VIDING THAT CONVICTION OF VIOLATION OF ANY OF THE TERMS OF THIS ORDINANCE SHALL BE CAUSE FOR CANCELLATION OF SAME WITHIN THE DIS- CRETION OF THE CITY COUNCIL; DEFINING CLASS "A" AND CLASS "B" JUNK DEALERS AND INCLUDING AMONG CLASS "A" JUNK DEALERS SECONDHAND DEALERS; REQUIRING DEALERS OF ALL CLASSES TO KEEP RECORD OF TRANSACTIONS ON REPORT BLANKS FURNISHED BY THE CITY, SUCH INFORMATION TO BE LEGIBLY WRITTEN BY CLASS "A" JUNK DEALERS AND SECONDHAND DEALERS IN DUPLICATE AT THE TIME ANY JUNK OR SECONDHAND ARTICLE IS PURCHASED, THE DESCRIPTION OF SUCH ARTICLES TO BE IN ENGLISH, INCLUDING THE AMOUNT OF MONEY PAID FOR SAME, TIME OF PURCHASE, NAME, AGE, SEX, SIGNATURE, RESIDENCE AND RACE OF PERSON SELLING, AUTOMOBILE LICENSE OF SELLER OR DEPOSITOR; PROVIDING FOR IDENTIFICATION OF SELLER OR DEPOSITOR; REQUIRING REPORT BLANKS TO BE IN PRINTED AND NUMBERED FORM, SIGNED BY DEALER AND PERSON SELLING, SUCH REPORT OPEN AT ALL TIMES TO INSPECTION BY POLICE OFFICERS; REQUIRING ALL CONTAINERS OF JUNK TO HAVE WRITTEN OR STAMPED THEREON THE REPORT NUMBER AND REQUIRING THAT ALL SECONDHAND ARTICLES BEAR TAGS REFLECTING SERIAL NUMBERS OF REPORT BLANKS; REQUIRING EACH LOT OF JUNK AND EACH SECONDHAND ARTICLE TO BE KEPT FOR TEN DAYS AFTER PURCHASE; PRO- HIBITING PURCHASE OF ARTICLES FROM WHICH MANUFACTURER'S SERIAL NUMBER OR BRAND HAS BEEN REMOVED; PROVIDING FOR INSPECTION BY POLICE OF EACH PURCHASED ARTICLE; FORBIDDING PURCHASES FROM MINORS EXCEPT WITH WRITTEN CONSENT OF PARENT OR GUARDIAN; REQUIRING CLASS "B" JUNK DEALERS TO EXHIBIT LICENSE 1dHEN SELLING TO CLASS "A" OR SECONDHAND DEALERS; PROVIDING THAT IT SHALL NOT BE NECESSARY TO NEGATIVE EXCEPTIONS IN PROSECUTIONS OF THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE AND FOR PUBLICA- TION AS REQUIRED BY LAW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1 The following terms, when used in this ordinance, shall have the meanings respectively ascribed to them in this section: V IL , x� (a) Junk. The term "Junk" is defined to mean and shall include scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, cloth, rubber, rope, tin foil, used bottles, old cotton, secondhand mechanical and garden tools and utensils, used or secondhand plumbing fixtures, appliances, fittings, pipes and supplies, used or secondhand electrical fixtures, fittings, appliances, and supplies, used or secondhand gas fixtures fittings, pipes, appliances and supplies, used or secondhand water heaters, fixtures, fittings, pipes and supplies, and used or secondhand lawn hose or harness, used or second- hand doors, window sash or glass, mantels or parts thereof, used or secondhand automobile parts and accessories, and used or secondhand automobile tires and tubes. (b) Junk dealer. The term "junk dealer" is used in its ordinary and usual accepted meaning, and shall also mean and include any person engaged in any of the following; collecting, hand- ling, buying and selling of scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rags, cloth, rubber, rope, tin foil, used bottles, old cotton, secondhand mechanical and garden tools and utensils, used or secondhand plumbing fixtures, appliances, fittings, pipes and supplies, used or secondhand electrical fixtures, fittings, appliances and supplies, used or secondhand gas fixtures, fittings, appliances and supplies, used or secondhand water heaters, fixtures, fittings, pipes and supplies, and used or secondhand lawn hose or harness, used or secondhand doors, window sash or glass, mantlls or parts thereof, used or secondhand automobiles pur- chased for the purpose of being dismantled, and all automobile parts and accessories, and used or secondhand tires and tubes. (c) Secondhand dealer. A "secondhand dealer" is used in its ordinary and usual trade acceptance meaning, and shall also mean and include any person engaged in any of the following: Collecting, handling, buying, trading, selling or engaging in the sale or traffic of any of the following: Used or secondhand wearing apparel consisting of hats, shoes, overcoats, raincoats and any and all kinds of clothing; used or secondhand watches, jewelry, diamonds, luggage, musical instruments, shotgunsp rifles, revolvers and all other kinds of firearms; and any and all kinds of used goods, wares and merchandise which are handled by pawnbrokers and secondhand dealers in the usual course of trade. (d) Junk dealers, junk dealer and dealers in Junk used synonymously. The term Junk dealers", "Junk dealer",,"dealers in�junk and "secondhand dealers", are hereby used synonymously, and unless otherwise expressly stated, shall include both class "A", Second- hand dealers and class "B" junk dealers, as the same are classi- fied in Section 6 of this ordinance. SECTION 2 It shall be unlawful for any person to engage in the business of a secondhand dealer or Junk dealer between the hours of 7:30 P.M. and 7:30 a.m., except during the month of December of each year. On Saturdays such person may engage in such business between the hours of 7:30 a.m. and 10:00 p.m. No business shall be engaged in or transactions made on Sunday. + . M• J�• .'' a '. • , . ' .. SECTION 3 No junk dealer or secondhand dealer shall transact or engage in business within the corporate limits of the City unless and until he shall have obtained an annual license therefor, which license may be procured by complying with the following provisions: (a) Application generally, information to be shown. An appli- cant for a license shall make request therefor in writing addressed to the City Assessor and Collector of Taxes, which application shall contain the name, residence and street number and such other reasonable information as will identify such applicant, together with the classifi- cation of such applicant in case of a firm or corporation, and in such event the application shall show the individual members of the partnership and the officers of the corporation. (b) Application to contain provision relative to compliance with ordinances. Such application shall contain the fol owing words: "The license hereby applied for shall be subject to all the provisions and regulations of the ordinances of the City of Fort Worth relating to junk and junk dealers and secondhand dealers." (c) License fees. Class "A: junk dealers shall pay an annual license fee in advance to the City Assessor and Collector of Taxes of twenty—five dollars, and class "B" junk dealers shall pay an annual license fee in advance of three dollars. Secondhand dealers shall pay an annual license fee in advance of $25.00. (d) Application to be signed and sworn to. Such application shall be signed and sworn to by the party applying therefor before some officer authorized by law to administer oaths. (e) Issuance of license. Such application, when made out, shall be presented to the Assessor and Collector of Taxes, who shall issue a license to the applicant upon compliance by applicant with the terms of this ordinance. (f) Blanks. Application blanks suitable for making the statements Fe—rein required shall be furnished free to all applicants by the City Assessor and Collector of Taxes. (g) Requirements as to bond in case of class "A" dealers. If the application for a license shall be for a junk dealer of class "A" or a secondhand dealer, such license shall not issue unless and until the applicant shall execute a bond in accordance with the terms of Section 4 of this ordinance. SECTION 4 No class "A' junk dealer and no secondhand dealer shall engage in business within the corporate limits of the city or be granted a license therefor unless and until such junk dealer and such secondhand dealer shall have made and executbd a bond in the sum of One Thousand r 1 • a.µ r)� J� , • • , Dollars ($1,000.00), with two or more sufficient sureties, or with a surety company authorized to do business in the state; such bond shall be approved by the city council or their authorized representative and shall be made payable to the City of Fort Worth. Such bond shall be conditioned that such dealer will strictly and faithfully keep and observe the provisions of this ordinance and other like ordinances regulating the trade of junk dealers and secondhand dealers that may be passed by the city council. Such bond may be used by the city or any person aggrieved in any court of competent jurisdiction; provided, however, that where such action is maintained by some person other than the city, the city shall not be responsible for the court cost or any other matter therein involved. At any time the bond herein required may be deemed insufficient by the city council, written notice thereof shall be given the principal therein, and if a new bond be not furnished within five days after such notice, the license shall be cancelled. SECTION 5 Every junk dealer and secondhand dealer, while engaged in the prose- cution of his business, shall have available for inspection at all times his license to engage in such business. SECTION 6 No junk dealer or secondhand dealer shall assign or knowingly permit his license to be used by another, and no person shall use the license of any junk dealer, except his own, in disposing of junk, as enumerated in this article. SECTION 7 Conviction for violating any of the provisions of this article shall be sufficient cause for the cancellation of the license within the discretion of the City Council. SECTION 8 Junk dealers are hereby divided into two classes to be designated as class "A" and class "B". Class "A' shall mean and include all junk dealers and secondhand dealers within the city who are not included in class "B", as hereinafter defined. Class "B" shall include and mean all junk dealers having no fixed place of business and who are engaged in any of the following: The gathering of, the purchase of, the sale of or the dis- posing of junk by going from house to house, from point to point or from store to store within the corporate limits of the city. SECTION 9 Any and all class "A" junk dealers and any and all secondhand dealers as defined in the preceding section, doing business or offering to do busi- ness in the City of Fort Worth shall at all times keep on hand books of report blanks to be furnished by the City free of charge upon application to the City Secretary, in which shall be legibly written by the dealer, in duplicate, at the time any junk or secondhand article is purchased or de- posited for any purpose with such dealer, an accurate description in the English language of the articles purchased or deposited; the amount of money paid for same or loaned thereon; the time of purchase or deposit thereof, the name, age, sex, signature, residence and race of the person selling or depositing such junk; the source and place from which such junk came or was obtained by the depositor, as reported by the depositor, together with the name of the state issuing the license and the number of the license of the automobile in which such junk shall be delivered to such dealer; the city license number of the depositor, if he be a class "B" junk dealer or a secondhand dealer. Any person selling or depositing any article of junk with such dealer, and who is not well and personally known to such dealer shall be identified so that the dealer is reasonably certain the person selling or depositing is the one he represents himself to be. Such identification shall be made either with driver's license or other positive means of identification. Report blanks shall be in book form and printed, numbered, executed, and signed by;such dealer and.-by the party selling or depositing such article. Such report shall at all times be open to the inspection of the chief of police or any member of the police force of the city. SECTION 10 Each lot, sack, barrel, box or other container of junk purchased by or deposited with class "A" dealers shall be kept intact and have written or stamped in a conspicuous place either on the container thereof, or, if no container, on one of the articles, the serial number of the report made as set out in Section 9 of this ordinance which number shall at all times be kept plain and legible. Each article purchased by or deposited with a secondhand dealer shall be kept intact and have attached thereto on the container thereof, or, if no container, on the individual article, the serial number of the report made as set out in Section 9 of this ordinance, which number shall at all times be kept plain and legible. Such number shall be affixed to every secondhand article by means of a tag on which is legibly printed the corresponding serial number of the report of sale and purchase required by Section 9 of this ordinance. SECTION 11 Each lot of junk and each secondhand article, except scrap metal, tin foil, bones, rags and bottles purchased by or deposited with class "A" dealers and secondhand dealers shall be retained by them in its original form, shape and condition for a period of ten days after such purchase or deposit, during which time no part of such junk shall be sold or permitted to be redeemed or removed from the place of business of such dealer. SECTION 12 No junk dealer or secondhand dealer shall purchase or receive for deposit or have in his possession any article of junk or secondhand article except smalllmetal articles bought in bulk with other scrap metal, from which the manufacturer's serial number or brand has been removed or obliterated. SECTION 13 Each article purchased by or deposited with any junk dealer or secondhand dealer shall at all reasonable times be open to inspection by the chief of police or any member of the police force of the city. SECTION 14 No junk dealer or secondhand dealer or operator of a junk wagon shall purchase or receive in pledge or on deposit for any purpose any article from any minor or which may be owned or claimed by or in the possession or control of any minor unless the parent or guardian of such minor shall state in writing that such transaction took place with such parent's or guardian's full knowledge and consent, which written statement o• ; t •9 r . , • ,. a +� � • .� ,' . , . Na -+ ehayt be signed by such.-parent or guardian and have thereon the address and telephone number, if any, of such parent or guardian. SECTION 15 No class "A" junk dealer or secondhand dealer shall buy or re- ceive for deposit any Sunk from any class "B" junk dealer unless the latter shall at the time exhibit to the class "A" dealer his license for the current year issued by the city, authorizing him to engage in the business of class "B" gunk dealer. SECTION 16 In any prosecution for any violation of this ordinance, it shall not be necessary for the prosecution to negative any provisions of exception, but the same may be raised by the defendant by way of defense. SECTION 17 All ordinances of the City of Fort Worth governing junk dealers and secondhand dealers are hereby expressly repealed, but the repeal of all such ordinances shall not abate any pending prosecution for the violation of any such ordinances nor shall the same prevent a prosecution from being commenced for any violation of such ordinances which viola- tion occurred prior to the repeal of the ordinance. SECTION 18 If any provision, section, sub-section, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, v+,dtd or Invalid, or for any reason unenforceable, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Fort Worth in adopting this ordinance, that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unoonstituti,034.ity or invalidity of any other portion, provision, or regulation, and to this end, all provisions of this ordinance are declared to be severable. SECTION 19 Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions r ~c of this ordinance shall be fined not to exceed Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 20 This ordinance shall take effect and be in full force and effect from and after its passage and pu4i.cation as provided by law. APPROVED AS TO FORM: Assistant City At orney i ORDINANCE d °n�, f TWA a t Filed Day d� - w3, City Secretary i ]h1' �G P.d.NO. 0718-V