Junk. Junk is defined as being any old iron, wire, brass, copper, tin, lead, rags, paper, bags, and lumber, and also empty bottles and bones, and any parts of bicycles, tricycles, baby carriages, automobiles or other vehicles dismantled, in whole or in part, and kept for sale as junk, and other similar personal property ordinarily classified as junk.

Junk collector. A junk collector is defined to be a person going from house to house or from place to place gathering, collecting, buying, selling or otherwise dealing in junk, as defined in this section.

Junk dealer. A junk dealer is defined to be any person engaged in the business of buying and selling any of the items mentioned in the subsection of this section defining “junk.”

Junk yard. A junk yard is hereby defined to be any premises upon which junk, as defined by this section, is kept in the open.

Secondhand dealer. A secondhand dealer is defined to be a person whose business is conducting, managing or carrying on the business of buying, selling or otherwise dealing in miscellaneous secondhand goods, wares and merchandise. (Ord. No. 258, § 3.)

15-2 Storing junk generally.

It shall be unlawful in the county to store junk upon any premises unless the same is entirely enclosed by a fence, the height of which shall be determined by the board of supervisors upon recommendation by the county planning commission and shall be endorsed upon the permit issued by the board of supervisors to store junk in the open pursuant to this chapter. (Ord. No. 258, § 3.)

15-3 Conducting junk yard, etc., generally.

It shall be unlawful for any person engaged in storing junk in the open, or in the business of conducting a junk shop or yard to store the same in any but an orderly and neat manner.

It shall be unlawful for any person to conduct a junk yard, unless the yard in which such junk is stored is entirely surrounded by a wood or metal fence, including gates, which entirely obscures the vision of the yard within, and such fence shall be at least six feet in height, including gates, and all gates to such premises shall be kept closed at all times except when in actual use. (Ord. No. 258, § 7.)

15-4 Daily report of licensees.

Every person licensed under this chapter shall, at the close of each business day, make out and mail to the sheriff of the county, a full, true and complete report of all goods, wares, merchandise or things purchased, or otherwise received during such day. Such report shall show the hour of the day that such article was purchased or received, and the true name and address as nearly as the same is known to or can be ascertained by the licensed person, and the license number, make and description of the vehicle driven by such person if such be the case. Such licensee shall give all information required by the sheriff on the blank form provided for such report. (Ord. No. 258, § 9.)

15-5 Record to be kept by licensee; inspection of record and articles purchased.

Every person licensed under this chapter shall keep a complete record of everything purchased or received by him, which record shall contain all of the matters required to be shown upon the report to the sheriff pursuant to section 15-4. Every such record and all articles purchased by such licensed person shall be produced for inspection by the sheriff or by any of his deputies or by the chief of the police department or his officers of any city. (Ord. No. 258, § 10.)

15-6 When articles acquired by licensees may be sold, etc.

No person licensed under this chapter shall sell or dispose of any article or thing purchased or encumbered by him within seven days after making the report to the sheriff as required by section 15-4. All usable items and copper wire shall not be sold sooner than twenty-one days from the date of the report to the sheriff; provided, however, that the sheriff may release such usable items; provided, that they have been cleared through his office. (Ord. No. 258, § 11.)

15-7 Junk dealer, etc., not to engage in pawnbroking, etc.

No owner or keeper of a junk shop or a junk yard shall receive any personal property by way of pledge or pawn, nor shall any owner of or keeper of a junk shop or junk yard engage in a business of pawnbroking on the same premises wherein a junk shop or a junk yard is located. (Ord. No. 258, § 12.)

15-8 Sale of junk by persons under eighteen years of age.

No person under the age of eighteen years shall sell any of the articles defined by section 15-1 as junk, except rags and bottles, not to exceed fifty papers, unless accompanied by one parent. (Ord. No. 258, § 13.)

15-9. Applicability of chapter to articles traded in.

The provisions of this chapter shall not apply to articles traded in to an authorized representative or agent of a manufacturer of a new article sold. (Ord. No. 258, § 14.)

15-10 Duties of county treasurer.

It shall be the duty of the county treasurer to collect the license fees under this chapter and to perform such other duties as are prescribed by this chapter. It shall be his duty, in the name of the county as plaintiff, to bring suit for the recovery of any license fee imposed against any person required by this chapter to first procure a license before engaging in any business as defined by this chapter who carries on or attempts to carry on such business without such license. (Ord. No. 258, § 2.)

As to county treasurer-tax collector generally, see §§ 2-2, 2-8 to 2-12 of this Code.

15-11 Duties of district attorney.

It shall be the duty of the district attorney to prosecute all violations of this chapter on sworn complaint thereto, and it shall be the duty of the district attorney to act as attorney for the county treasurer for the collection of any unpaid license fees imposed by this chapter. (Ord. No. 258, § 3.)

15-12 Violations of chapter.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. No. 258, § 17.)

As to general penalty, see § 4-12 of this Code.

Article II. Licenses and Permits Generally

As to licenses generally, see ch. 10 of this Code.

15-13 Licenses required.

It shall be unlawful for any person to engage in, conduct, manage or carry on the business of pawnbroker, secondhand dealer, junk dealer or junk collector or storage of the same without first having procured a license to do so and having paid the fee for such license as provided by this chapter. (Ord. No. 258, § 1.)

15-14 Permit to store junk in the open required.

It shall be unlawful for any person to store junk in the open upon any premises in the county unless a permit to do so has been issued to such person by the board of supervisors. (Ord. No. 258, § 3.)

15-15 Application for license or permit generally.

Any person desiring to obtain a license or permit to carry on any business mentioned in this chapter shall file with the license collector of the county a written application for a license or permit therefor, giving his name, address and the proposed place of storage or business. (Ord. No. 258, § 4.)

15-16 Applicant to be fingerprinted and photographed; sheriff’s investigation and report.

Upon the filing of an application pursuant to section 15-15 and the collection of the license fee pursuant to section 15-23, the license collector shall refer the applicant to the sheriff of the county who shall fingerprint and photograph the applicant and make an investigation of the applicant and the proposed place of storage or business, and report to the board of supervisors within fourteen days of his findings as to the moral character of the applicant and the desirability of permitting junk to be stored upon the proposed location. (Ord. No. 258, § 4.)

15-17 Action by board of supervisors upon application.

The board of supervisors, upon receiving the report of the sheriff, pursuant to section 15-16, that the report is adverse as to the character of the applicant or to the proposed location, shall deny the application. If the report is favorable, it shall either allow or reject the application in its discretion, and in the event that the application is for a license or permit to store junk in the open the board of supervisors in granting the application may prescribe such restrictions and regulations as it may deem expedient, and it is unlawful to violate any of the restrictions or regulations so imposed. (Ord. No. 258, § 5.)

15-18 Licenses to be issued quarterly in advance.

All licenses provided for by this chapter shall be issued quarterly in advance, except where it is otherwise expressly provided by this chapter. (Ord. No. 258, § 2.)

15-19 Contents, etc., of license.

Each license provided for by this chapter shall state the person to whom and the kind of business and the location for which the same is issued, the date of issuance, the license period for which it is issued, and the amount received therefor, and shall refer to this chapter and be signed by the county treasurer. (Ord. No. 258, § 2.)

15-20 Separate license required for each branch, etc.

A separate license pursuant to this chapter shall be obtained for each branch, establishment or separate house or place of business located in this county. (Ord. No. 258, § 1.)

15-21 Posting and possession of licenses; identification cards to be carried by junk yard employees, etc.

All licenses issued under this chapter shall be posted in clear view in the place of business for which they were issued, and all junk collectors shall carry such licenses with them at all times, and any employee of a licensed junk collector, or operator of a junk yard, shall carry an identification card signed and endorsed by such licensee showing the authority of such employee, otherwise such person shall be required to obtain a license as a junk collector. (Ord. No. 258, § 8.)

15-22 Revocation of licenses and permits.

Any license or permit granted by the board of supervisors under the provisions of this chapter may be revoked at any time by the board of supervisors, and any permit to store junk shall be revoked by such board at any time the board finds that such junk is stored in a manner that is unsightly or that will increase a fire hazard or constitute a detriment to health in the locality. (Ord. No. 258, § 6.)

15-23 License fees – When and by whom collected.

Upon the filing of the application required by section 15-15, the license collector shall collect the appropriate license fee imposed by this chapter. (Ord. No. 258, § 4.)

As to license fees generally, see § 10-16 of this Code.

15-24 Same – Due in advance; where payable.

All license fees provided by this chapter are due and payable in advance at the office of the county treasurer. (Ord. No. 258, § 2.)

15-25 Same – Junk dealer.

Every junk dealer, except as otherwise provided in this chapter, shall pay a license fee of twenty dollars per year. Such fee shall be prorated on the basis of a charge of five dollars per quarter in the event application is made after the end of the last quarter of the year; provided, however, that payment of such five dollars per quarter shall be made at the time of application for all quarters of the remainder of the license year, commencing with the quarter in which application is made. (Ord. No. 258, § 3.)

15-26 Same – Junk collector.

Every junk collector, except as otherwise provided by this chapter, shall pay a license fee of twenty dollars per year for the operation of each wagon, vehicle, cart, truck or other conveyance used by him in his business as such junk collector, which fee may be prorated as set out in section 15-25. (Ord. No. 258, § 3.)

15-27 Applicability of licensing provisions to certain charitable, etc., organizations.

The provisions of this article relating to the obtaining of licenses shall not apply to any charitable or nonprofit organization engaged in the collection of junk for the purpose of raising funds. (Ord. No. 258, § 3.)

Article III. Variances

15-28 Generally.

Variances from the provisions and requirements of this chapter may be granted in cases of unnecessary hardship in accordance with the procedure and under the conditions set forth in this article. (Ord. No. 258, § 20.)

15-29 Application – Where filed; contents.

Each applicant for a variance pursuant to this article shall file a written request therefor with the county planning commission, which request shall describe the property in connection with which the variance is sought and shall state the nature and extent of the desired variance and the particular reasons and grounds for the request. (Ord. No. 258, § 20.)

15-30 Same – Fee.

Upon the filing of an application for a variance as provided for by this article, the applicant for such variance shall pay a fee of twenty-five dollars to the county to defray the expenses of such application. Such fee shall become the property of the county when such application for variance is made. (Ord. No. 258, § 20.)

15-31 Public hearing – Generally.

Upon the filing of a written request in compliance with section 15-29, and if such request shows upon its face that good cause does or may exist for the granting of a variance, the county planning commission shall hold a public hearing on the request at a regular or special meeting. (Ord. No. 258, § 20.)

15-32 Same – Notice of hearing.

Notice of the hearing pursuant to section 15-31 shall be given not less than ten days prior thereto by postal card or letter to the state division of highways, the department of public works (when affected), the road commissioner of the county, each owner of real property within a radius of five hundred feet of the site of the proposed variance, as shown on the latest records of the county assessor, and the applicant. Such notice shall state the time and place of the meeting, the name and address of the applicant, the general location of his property and a brief statement of the variance sought. (Ord. No. 258, § 20.)

15-33 Same – May be adjourned.

The hearing upon the request for a variance pursuant to this article may be adjourned from time to time without further notice other than oral announcement. (Ord. No. 258, § 20.)

15-34 Grounds for variance enumerated.

No variance pursuant to this article shall be recommended by the county planning commission or granted by the board of supervisors unless each of the following facts is found to exist by the planning commission:

(a) Hardship – Substantial and unnecessary. That a substantial and unnecessary hardship would be imposed upon the applicant for a variance if a strict and literal interpretation of this chapter with regard to his property were made, and the desired variance not granted.

(b) Same – Peculiar to applicant. That such hardship is peculiar to the applicant, and not common to other owners of real property in the locality of the desired variance.

(d) Variance not to impair, etc., chapter. That a granting of the requested variance upon such conditions as may appear necessary in the public interest would not impair or adversely affect the general plan and purpose of this chapter. (Ord. No. 258, § 20.)

15-35 Report and recommendations of county planning commission – Generally.

Within forty days of the final hearing upon the request for a variance pursuant to this article the county planning commission shall render its written report to the board of supervisors, which report shall contain the findings and recommendation of the planning commission. A copy of the report shall be mailed to the applicant. The recommendation shall be an approval, a disapproval or a qualified or conditional approval of the request, and may, in case of disapproval, contain alternative recommendations. The planning commission may, as a condition of approval, recommend that the applicant execute a covenant running with the land or such other instrument or agreement as will protect and subserve the public interest for the future. (Ord. No. 258, § 20.)

As to county planning commission generally, see §§ 2-33, 2-34 of this Code.

15-36 Same – Acceptance or rejection by board of supervisors generally; supplemental report.

The board of supervisors shall accept or reject the recommendation of the county planning commission made pursuant to this article or shall return the same for further consideration and in the latter case a supplemental report of the planning commission shall be submitted to the board of supervisors within ten days after the next regular meeting of the planning commission. (Ord. No. 258, § 20.)

15-37 Same – Acceptance constitutes the granting of variance, etc.

An acceptance by the board of supervisors of a recommendation for approval contained in an original or supplemental report of the county planning commission shall constitute the granting of the variance requested pursuant to this article upon such condition, if any, as may be specified in such report. (Ord. No. 258, § 20.)

Chapter 15PAWNBROKERS, JUNK DEALERS AND SECONDHAND DEALERS

Article I. In General

15-1 Definitions.