Chapter 19
SECOND-HAND AND JUNK DEALERS

Sections:

5-19.01    Definition.

5-19.02    Register required.

5-19.03    Right of entry for inspections.

5-19.04    Reports required.

5-19.05    Purchase and receipts from minors.

5-19.06    Articles to be retained for certain period.

5-19.07    Hours and days of operation.

5-19.01 Definition.

For the purposes of this chapter, “person” shall mean any individual, corporation, firm, co-partnership, or association of persons and all employees, attorneys, and agents of any such person, firm, corporation, co-partnership, or association.

(§ 1, Ord. 440 N.C.S.)

5-19.02 Register required.

Every person who engages in or carries on the business of secondhand dealer or junk dealer in the City shall keep a register in which he shall enter in the English language:

(a)    Every transaction in which any second-hand goods or junk is purchased, which entry shall include the name and address of the person selling the same, the date thereof, an accurate description of the property purchased, and the amount paid therefor;

(b)    An account of all sales made by him of second-hand goods or junk, giving an accurate description of the same, the date thereof, and the person to whom sold; and

(c)    Every transaction in which he accepts or takes secondhand goods or junk to sell upon commission or acts as agent for the sale thereof. Such entry shall give the date of the receipt of such goods, the name and address of the person from whom received, and an accurate description of the property received.

Every such person carrying on the business of secondhand dealer or junk dealer shall cause every person from whom such dealer receives any second-hand goods or junk to write his name and address in such register in the handwriting of the person from whom such second-hand goods or junk is received.

(§ 2, Ord. 440 N.C.S.)

5-19.03 Right of entry for inspections.

Such register shall be open for inspection by the Police Department at any time during business hours, and the Police Department shall also have the right to thoroughly inspect the premises, store, or place where the business so recorded is being conducted at any time in search of any lost or stolen property or to compare the entries kept in such records with the articles located on such premises or place of business. All persons in charge of such business, and the agents and employees thereof, shall render to the Police Department such assistance as may be necessary to aid it in such inspection or search.

(§ 3, Ord. 440 N.C.S.)

5-19.04 Reports required.

The person in charge of such business shall, on each day such place of business is open for business, furnish, or cause to be furnished, to any police officer of the City at 9:00 a.m. of any such day a legible and complete copy of such record. The Chief of Police, upon receipt of such reports, shall cause the same to be permanently filed in the office of the Police Department, and the same shall be open for inspection only to the Police Department of the City or upon an order of the court duly made for that purpose. Such reports shall be made upon forms to be furnished by the Chief of Police.

(§ 3, Ord. 440 N.C.S.)

5-19.05 Purchase and receipts from minors.

It shall be unlawful for any person engaged in the business of second-hand dealer of second-hand articles or goods, or any junk, to purchase or receive the same from any person under the age of eighteen (18) years.

(§ 4, Ord. 440 N.C.S.)

5-19.06 Articles to be retained for certain period.

All articles purchased, received in exchange, pledged, pawned, or otherwise taken into possession by any dealer in second-hand goods or any junk dealer shall be held for a period of fifteen (15) days before being placed on exhibit, sold, exchanged, removed from the place of business where they were received, delivered to any person, or otherwise disposed of; provided, however, any such article may be delivered or returned at any time to the true owner thereof or his authorizes agent.

(§ 5, Ord. 440 N.C.S.)

5-19.07 Hours and days of operation.

It shall be unlawful for any person conducting or maintaining the business of second-hand dealer or junk dealer to do any business or to keep, or cause to be kept, open a place of business in the City except between the hours of 7:00 a.m. and 7:00 p.m. of any day; provided, however, on Saturdays and days preceding holidays such business may be kept open until 11:00 p.m. of any such day. Such places of business shall be kept closed the entire day on Sunday and on each of the following holidays: January first, May thirtieth, July fourth, and December twenty-fifth of each year.

(§ 5, Ord. 440 N.C.S.)