6-19. JUNK DEALERS

CHAPTER 19. JUNK DEALERS

ARTICLE 1. GENERAL PROVISIONS

6-19-1000 APPLICATION OF GENERAL PROVISIONS:

Unless the provisions of this Chapter provide otherwise, all of the provisions of Chapter 1 of this Part are applicable to the licenses referred to in this Chapter.

(Added by Ord. No. 3390, effective 8-20-09)

6-19-1005 INTENT:

The intent of this Chapter is to adopt license requirements for junk dealers and itinerant junk dealers. This Chapter is not intended to conflict with any requirements of state law, in particular Business and Professions Code section 21600 et seq. If any conflict is determined to exist between this Chapter and state law, state law shall prevail.

(Added by Ord. No. 3490, effective 2-25-16)

6-19-1010 DEFINITIONS:

The following words and phrases, as used in this Chapter, shall have the following meanings:

(a) "Business" and "junk business" mean the buying, selling, trading, dealing in, or collecting of junk for profit.

(b) "Itinerant junk business" means the operation of a junk business without a fixed place of business and by soliciting such business or collecting junk by traveling from place to place. The phrase "itinerant junk business" shall not include pick up or delivery of junk in connection with transactions which are solicited or consummated only at or from a fixed place of business.

(d) "Junk dealer" shall be defined as provided by Business and Professions Code section 21600 et seq.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-1020 LICENSE REQUIRED:

Any person engaging in the junk business or in the itinerant junk business within the County shall have a valid license under Chapter 1 of this Part to engage in such business.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-1030 FIXED PLACE OF BUSINESS LOCATED IN ANOTHER COUNTY OR WITHIN CITY:

This Chapter is also applicable to persons who have their fixed place of business in another county or within a city located in the County if they engage in the junk business in the unincorporated territory of the County. Such a junk business shall not be deemed to be an itinerant junk business under the provisions of this Chapter.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-1040 DISPLAY OF NAME OF LICENSEE:

In addition to the requirements of Chapter 1 of this Part, it shall be unlawful for any licensee to use, or allow to be used, any vehicle in the itinerant junk business, unless such vehicle shall bear, on both sides thereof, the name and telephone number of the licensee in contrasting lettering not less than two (2) inches in height.

(Added by Ord. No. 3390, effective 8-20-09)

6-19-1050 EXCEPTIONS TO LICENSE REQUIREMENT:

This Chapter shall not apply to any of the following persons:

(a) Any person who is not subject to Business and Professions Code section 21600 et seq.

(b) Any bona fide charitable, patriotic, educational, benevolent or fraternal organization that engages in the junk business, where the proceeds from such business, above normal expenses, are to be used exclusively in carrying out the purposes of such organization. Such organization shall furnish to each driver of every vehicle used to collect junk for such organization, and to every individual employed to assist such driver, an identification card containing the name of the organization, and the name and complete description of the driver or individual employed to assist a driver, including age, sex, race, height, weight, complexion, and color of eyes and hair.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-1060 REFUSE COLLECTION:

A license issued pursuant to this Chapter does not constitute a license to collect refuse as required by Chapter 3 (commencing with section 4-03-1000) of Part IV of this Ordinance Code, and any person who is engaged in the collection of refuse shall obtain a license under said Chapter 3 of Part IV of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 2. APPLICATION; FEE

6-19-2000 APPLICATION: FORM:

In addition to the information required by Chapter 1 of this Part, the application for a license shall include a description of all motor vehicles that will be used in the junk business for the conveyance of junk.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-2010 LICENSE FEES:

(a) The annual fee for a license to operate a junk business shall be set from time to time by resolution of the Board of Supervisors. A separate license shall be obtained for each noncontiguous location upon which the business is conducted, including, but not limited to, each junk storage yard.

(b) The annual fee for a license to operate an itinerant junk business shall be set from time to time by resolution of the Board of Supervisors. A separate license shall be obtained for each vehicle, including, but not limited to, devices moved by human or animal power, used for the conveyance of junk.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-2020 EXCEPTION TO FEE FOR INSPECTION OF PREMISES:

When the fixed place of business is located in another county or within a city located in the County, the applicant is exempt from paying the application fee for inspection of the business premises, as required by Chapter 1 of this Part, and no investigation of the business premises shall be conducted pursuant to Chapter 1 of this Part.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-2030 ITINERANT JUNK BUSINESS: VEHICLE LICENSE: FORM:

The license collector shall issue a separate license for each vehicle for which a license fee has been paid pursuant to this chapter. The license shall be in the form prescribed in Chapter 1 of this Part; provided, however, that a description of the vehicle licensed shall be substituted for the address of the business premises. Only a vehicle with the required license may be used to collect, transport, or sell junk.

(Added by Ord. No. 3390, effective 8-20-09)

ARTICLE 3. TRANSACTIONS AND RECORDS

6-19-3000 RECORD OF TRANSACTIONS:

Every junk dealer shall keep written records as required by Business and Professions Code section 21600 et seq.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-3010 REPORT OF TRANSACTIONS:

Every junk dealer shall report the information contained in the written records as required by Business and Professions Code section 21600 et seq.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-3020 RETENTION AND DISPLAY OF JUNK:

Every junk dealer shall retain items as required by Business and Professions Code section 21600 et seq.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-19-3030 HOURS OF BUSINESS:

It shall be unlawful for any junk dealer to purchase or receive any junk between the hours of 6:00 p.m. of any day and 6:00 a.m. of the following day.

(Added by Ord. No. 3390, effective 8-20-09)