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HomeMy WebLinkAboutOrdinance 1739 n ORDINANCE NO AN ORDINANCE REGULATING THE PURCHASE AMID SALE OF JUMP, PRO- VIDING RULES AND REGULATIONS FOR JUNK DEALERS, DEFINING TEE MW "JUNK" AMID -MM DEALERS", CIASSIFYING SAME, PROHIBIT- ING THE ASSIGNING OR LOANING OF LICENSE, PROHIBITING ANY ONE FROM USING THE LICENSE OF A JUNK IE:A.M, EXCEPT HIS OWN, IN THE DISPOSING OF JUNK, FIXING PENALTIES FOR VIOLATION OF THIS ORDINANCE, PROVIDING A SAVING CLAUSE, AMID REPEALING ALL OR- DINANCES IN CONFLICT 1MM7ITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION.'I. (a) The term "junk" as used in this ordinance is defined to mean and shall include scrap iron or scrap tin or scrap brass or scrap copper or scrap lead or scrap zinc and all other scrap metals and their alloys, and bones, rage, cloth, rubber, rope, tin foil, used bottles, old cotton, secondhand mechanical and garden tools and utensils, used or secondhand plumbing fixtures, appl,lances, 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 nater heaters, fixtures, fittings, pipes and supplies, and used or secondhand lain hose or harness, used or secondhand doors, window sash or glass, mantels or parts thereof, used or secondhand automobiles purchased for the purpose of being dismanteled, and all automobile parts and acces- sories, and used or secondhand automobile tires and tubes. (b) The term "junk dealers" is herein used in its ordinary and usual trade acceptance meaning, and shall also mean and include any person or persons, firm, partnership or corporation engaged in any of the following: collecting handling, buying, selling of any of the articles mentioned in subdivision (a) of this section, and all persons engaged in the buying and selling of goods, wares and merchandise of which junk, as herein defined, is a part, except any person, firm or corporation purchasing junk exclusively for the purpose of manufacture, shall be held to be junk dealers within the meaning of this ordinance. (c) The term "junk dealers", "junk dealer" and "dealers in junk" are herein used synonymously, and unless otherwise expressly stated, shall in- clude both Class "A" and Class "B" junk dealers, as the same are classified in the next succeeding section of this ordinance. I SSCTION II. Jynk dealers, as hereinbefore defined, are hereby divided into two classes, to be designated as Class "A" and Class "B". Class "A" shall mean and include all junk dealers within the City of Fort Worth who are not includ- ed 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, the dispos- Ing of junk by going from #ouse to house or from point to point or from store to store within the limits of the City of Fort Worth. SECTION III. That any and all Class "A" junk dealers, as hereinabove defined, doing business or offering to do business in the City of Fort Worth, shall at all times keep on hand books of report blanks to be furnished by the City of Fort Worth 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 is purchased by or deposited for any purpose with each dealer, an accurate description in the English language of the articles purchased or deposited; the amount of money paid for same or loaned thereon; and the time of purchase or deposit thereof; the name, age, sea, signature, residence, and race of the person selling or depositing such junk; the source and place from which said junk came or was obtained by the depositor, as reported by the depositor, together with the name of the state is- suing the license and the number of the license of the automobile in which such junk shall be delivered to said dealer; the city license number of the depositor, if he be a Class "B" junk dealer; and any person selling or depositing any article of junk with such dealer, and who is not well and personally known to said dealer shall be identified so that the dealer,is reasonably certain the person selling or depositing is the one he represents himself to be, the said report blanks to be in book form and printed, numbered and executed and signed by such dealer and by the party selling or depositing such article; said report shall at all times r be open to the inspection of the Chief of Pplice or any member of the police force of the City of Fort Worth, SECTION IR. That each lot, sack, barrel, box or other container of junk purchased by or deposited with such dealer 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 Seo- tion III above, which number shall at all times be kept plain and legible; and each lot of junk, except scrap metal, tin foil, bones, rags and bottles, pur- chased by or deposited with such dealer shall be retained by him in its original form, shape and condition for a period of six (6) days after such purchase or de- posit, during which time no part of such dunk shall be sold or permitted to be redeemed or removed from the place of business of such dealer, and such dealer shall not purchase or receive for deposit, nor have in his possession, any article of junk, except small metal articles bought in bulk with other scrap metal, from which the manufacturer's serial number or brand has been removed or obliterated; and each article purchased by or deposited with such dealer shall at all reason- able times be open to inspection by the Chief of Police or any member of the police force of the City of Fort Worth; no such 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 parents or guardian of such minor shall state in writing that such transaction took place with said parents' or gaardian's full knowledge and consent, which written statement shall be signed by such parents or guardian and have there- on the address and telephone number, if any, of such parents or guardian* SECTION Y. No Class "A" junk dealer shall buy or receive for deposit any junk 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 of Fort North, authorizing him to engage in the business of Class "B" junk dealers. SECTION Vie No junk dealer shall transact or engage in business within the corporate limits of the City of Fort Worth, unless and until he shall have obtained an annual license therefor, which license may be procured by complying with the following pro- visions: (a) An applicant for license shall make request therefor in writing addressed to the City Assessor and Collector, which application shall contain the name, residence and street number and such other reasonable information as will a identify said applicant, together with the classification of said 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) Said application shall contain the following words: "The license hereby applied for shall be subject to all the provisions and regulations of the ordinance of the City of Fort Worth relating to junk and junk dealers." (o) Class "ATM junk dealers shall pay an annual license fee in advance to the City Assessor and Collector of 425.00, and Class "B" junk dealers sball pay an annual license fee in advance of$3„00. (d) Said application shall be signed and sworn to by the party apply- ing therefor, before some officer authorized by law to administer oaths. (e) Said application, when made out, shall be presented to the Asses- sor and Collector of Texas, who will issue a license to applicant. (f) Blanks suitable for making the statements herein required shall be furnished free to all applicants by the City Assessor and Collector of the City of Fort Worth. (g) If the application for license shall be for a junk dealer of Class "A" such license shall not issue unless and until the applicant shall exe- cute a bond in accordance with the terms of the neat succeeding section hereof. SECTION VII. No Class "A" junk dealer within the corporate limits of the City of Fort Worth shall engage in business or be granted license therefor, unless and until such junk dealer shall have made and executed a bond in the sum of $1,000.00 with two or more sufficient sureties, or with a surety company authorized to do business in this state, such bond to be approved by the City Council of the City of Fort Worth, and shall be made payable to the Mayor of. said City of Fort Worth, and his successors in office, conditioned that such dealer will strictly and faith- fully keep and observe the provisions of this and other like ordinances regulat- ing such trade that may be passed by the City Council of the City of Fort Worth, which bond may be sued on by the City of Fort Worth or any person aggrieved in any court of competent jurisdiction; provided, however, that where such is maintained by some person other than the City of Fort Worth, the said City of Fort Worth shall not be responsible for the court costs or any other matter therein involved; provided that at any time the bond herein required may by the City Council be deem- 7 ed insufficient, written notice thereof shall be given the principal therein, and if a new bond be not furnished within five days after such notice, the li- cense shall be canceled. &&TION VIII. Ivory junk dealer, while engaged in the prosecution of his business, shall have available at all times his licence to engage in such business. SECTION IX. No junk dealer shall assign or knowingly permit his license to be used by another, and no one shall use the license of any 'junk dealer, except his own, in disposing of junk, as enumerated in this ordinance. SECTION X. Conviction for violating any of the provisions of this ordinance shall be sufficient cause for the cancellation of the license within the discretion of the City Council. SECTION 114 Any person violating any of the provisions of this ordinance, or any person failing or refusing to comply with any of the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than $200.00, and each day's failure to comply with any provisions hereof shall be deemed a separate offense. SECTION XII. The holding or adjudication of any section or subdivision of any sec- tion, or any part of any subdivision of a section of this ordinance to be invalid, shall not affect the validity of any other section, subdivision of a section, or a part of a subdivision of a section thereof, but all other sections, subdivisions of sections and parts of subdivisions of sections, shall be and remain in full force and effect. SECTION XIII. That all ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. SECTION XIP. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as required by law. APPROM AS TO FOEM: CITY ATTOMW - I, I• L. Van Zandt, Sr., City Secretary-Treasurer of the City of Fort Worth, Texas, do hereby certify that the above and foregoing ordinance was duly presented and unanimously passed and adopted by the City Council of the City of Fort Worth at a regular session of the City Council on the day of June, L. D. 1932. City Secretary-Treasurer of the City of Fort Worth, Texas.