Chapter 5.40
JUNK DEALERS
Sections:
5.40.040 Application for license.
5.40.060 Personal property tax return.
5.40.100 Records and articles to be available for inspection.
5.40.110 Seller to give true name.
5.40.120 Certain transactions prohibited.
5.40.130 No sale within 10 days.
5.40.140 Police officers to be admitted.
5.40.150 Violation a misdemeanor.
5.40.170 Additional enforcement.
5.40.010 License required.
A. It is unlawful for any person, firm, or corporation to operate or maintain a junk shop without first obtaining a junk shop license pursuant to the provisions of this chapter.
B. It is unlawful for any person, firm, or corporation to operate or maintain a junk wagon without first obtaining and displaying a valid junk wagon license pursuant to the provisions of this chapter. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.010).]
5.40.020 Definitions.
A. “Junk,” as used in this chapter, shall be deemed to include and mean old rope, old iron, brass, copper, tin, lead, rags, empty bottles, paper, bagging, scrap metals of all kinds, and other worn out or discarded material.
B. “Junk shop,” as used in this chapter, means any storeroom, building, yard, enclosure, or other place where junk is sold, bought, received or stored; provided, however, that such definition shall not apply where junk is:
1. Purchased from a source other than a junk wagon and is in prepared form by baling, pressing, or otherwise, or in carload lots, or cut to specifications; or
2. Purchased from a licensed junk shop; or
3. Purchased directly from the industrial producer of scrap metals, by the consumer there; or
4. Purchased by automobile wreckers where automobiles are purchased and a certificate of title furnished.
C. “Junk wagon,” as used in this chapter, means any vehicle used for the purpose of going from house to house, place to place, buying or offering to buy, picking up or collecting junk and transporting such junk, wholly or in part, within the City, regardless of where the junk has been bought or collected, other than a vehicle used by a regularly licensed junk shop in disposition of its own junk. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.020).]
5.40.030 License fee.
Repealed by Ord. 15-0402. [Ord. 02-0139 § 1; Ord. 98-0017 §§ 1, 2 (KCC 6.36.030).]
5.40.040 Application for license.
All applications for issuance or renewal of a junk shop license or a junk wagon license shall be made to and be filed with the city manager on forms furnished for such purpose. This application shall state the true name of the applicant, who shall not be less than 18 years of age, the names of all persons having a financial, proprietary, or other interest in such junk shop together with such other information as the city manager deems appropriate. The application shall then be referred to the city police department for investigation, report and recommendation. If, from the reports and other information available, the city manager deems the applicant to be a fit and proper person, the city manager shall issue or renew the license. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.040).]
5.40.050 Renewal of license, registration or permit – Late penalty.
Repealed by Ord. 15-0402. [Ord. 98-0017 §§ 1, 2 (KCC 6.36.050).]
5.40.060 Personal property tax return.
No renewal license shall issue to any junk shop owner or to any junk wagon owner until the applicant shall show that he has made a return to the King County assessor of the property in his possession or ownership and the value thereof for tax assessment purposes and has paid the tax due. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.060).]
5.40.070 Vehicle markings.
Every licensee operating a junk wagon shall obtain from the city manager two junk wagon vehicle licenses for each vehicle to be so used. On each license there shall be stamped or painted the word “junk” and the license number of the licensee. Each license shall be securely fastened to each outer side of the vehicle. In addition, such vehicle shall also be prominently and plainly marked with the name of the licensee and the street address of his place of business. The vehicle marking license shall remain the property of the City, and it is unlawful for any person other than the licensee to whom the plates were issued to possess or use any such plate. Plates possessed or used in violation of the provisions of this section, or used after the junk wagon license has expired or been suspended, or if by a dealer after his junk shop license has expired or been suspended, shall be taken up by any police officer or the city manager. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.070).]
5.40.080 Records required.
Every person who maintains or operates a junk shop and/or a junk wagon shall provide and keep a book in which shall be plainly written in ink, in the English language, at the time of every purchase, a description of the article purchased, the printed name, signature, age, street and house number, the general description of the dress, complexion, color and appearance of the person from whom such purchase is made, and the day and hour of such purchase. All such records shall be present at the junk shop or junk wagon, and shall be at all times available for inspection by officers of the city police department. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.080).]
5.40.090 Compliance required.
It is unlawful for any junk shop or junk wagon owner, or any clerk, agent, or employee of such junk shop or junk wagon, to fail, neglect, or refuse to make any material entry in the records required herein, or to make any false entry therein, or to obliterate, destroy, or remove from his place of business such record within five years from the date of transaction. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.090).]
5.40.100 Records and articles to be available for inspection.
All books and other records of any junk shop operator or any junk wagon operator relating to the purchase or receipt of any goods, wares, merchandise, junk, or other articles or things of value shall be at all times open for inspection by the city police department; and all junk wagon operators shall at any time allow inspection of their license and junk or other articles contained in the junk wagon. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.100).]
5.40.110 Seller to give true name.
Anyone who sells or otherwise gives any property to a junk shop operator or junk wagon operator shall sign the records required to be kept by such operator with his true name and shall include his correct residence address. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.110).]
5.40.120 Certain transactions prohibited.
A. It is unlawful for any person to purchase any junk from any person under the age of 18 years without receiving from such person a written authority from the person owning such junk authorizing him to sell the same. Such written authority shall be placed on file by the person receiving such junk. It is unlawful for any junk shop operator or junk wagon operator to receive any article or thing known by him to be stolen, any article or thing from any person who is under 18 years of age, intoxicated, an habitual drunkard, addicted to the use of drugs, or from any person who is known to be a thief or a receiver of stolen property, or from any person who he has reason to suspect or believe to be such.
B. It is unlawful for any keeper of a junk shop, or person operating a junk wagon, to purchase any junk between the hours of 7:00 p.m. and 7:00 a.m. of the following day. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.120).]
5.40.130 No sale within 10 days.
No junk shop operator or junk wagon operator shall sell or otherwise dispose of any article received or purchased by him, or remove or permit the same to be removed from his place of business, within 10 days after receipt of the articles have been reported to the city police department as herein provided, except when the articles have been inspected by a regular member of the police department, and he has been authorized to dispose of such goods within a lesser period of time. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.130).]
5.40.140 Police officers to be admitted.
It is unlawful for any keeper of a junk shop or a junk wagon to refuse to allow any police officer to inspect his place of business or junk wagon, and all articles of junk kept therein, or to conceal or hide away any article or thing bought or received by him. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.140).]
5.40.150 Violation a misdemeanor.
Any violation of the provisions of this chapter shall constitute a misdemeanor. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.150).]
5.40.160 Civil penalty.
In addition to or as an alternative to any other penalty provided herein or by law, any person who violates any provision of this chapter shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the city manager. The city manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator, the gravity of the violation, the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this title. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.160).]
5.40.170 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the city manager may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.36.170).]