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HomeMy WebLinkAboutO-1978-1125 . . ORDINANCE NO. 1125 . AN ORDINANCE REGULATING JUNK DEALERS, SCRAP METAL PROCESSORS: EXCEPTING LICENSED AUTOMOBILE DEALERS AND LICENSED PAWN SHOPS: SETTING LICENSE REQUIREMENTS: SETTING LICENSE FEES: SETTING RECORD KEEPING REQUIREMENTS: PROVIDING FOR A PROCEDURE FOR REVOCATION OF LICENSE: REQUIRING REPORTS OF PROPERTY SUSPECTED STOLEN: PROVIDING FOR EXEMPTIONS FROM LICENSE FEES: REGULATING THE OPERATION OF AUTOMOBILE ~ffiECKING AND SALVAGE YARDS: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUN- DRED DOLLARS ($200.00): PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE. e e "e . . Ordinance No. 1125 , Page 2. e Section 1. Definitions (a) The term "junk dealer" as used in this Ordinance shall mean anyone who engages in the business of buying, selling, trading, or otherwise dealing in new or used scrap materials, including ferrous and nonferrous metal, brass, waste material, etc. (b) The term "scrap metal processor" as used in this Ordinance shall mean anyone who engages in the business of processing iron and steel or nonferrous scrap for remelting purposes. (c) A "show" as used in this Ordinance shall mean any display and offering of use items for .sale or trade by more than one dealer at a single location. (d) The term "minor" as used in this Ordinance shall mean any person under the age of eighteen (18) years. This Ordinance shall not apply to businesses licensed by the State of Texas and defined by State statutes to be automotive dealers or pawnshops. Section 2. ..License required. No person, firm, or corporation shall own or operate a junk dealership or scrap metal processing plant without a license as herein provided. Each business as defined above and each location of each business must have separate licenses. The provisions of Ordinance No. requiring that certain records be kept, apply to all businesses carries on at a single location. Section 3. Application for and issuance or refusal of of license. (a) Any person desiring a license required by this Ordinance shall make application therefor in writing to the city clerk on an application form provided for that purpose, stating where the business is to be located and the residen- tial address of the owner or manager. Such application form shall be accompanied by an affidavit, sworn to by the applicant e -- . . e Ordinance No. 1125 , Page 3. . that neither he nor any business partner, nor, in the case of a corporation, any corporate officer, has been convicted of a crime involving theft within the past ten (10) years nor has he nor any parties mentioned above had a license revoked under this or any preceding City Of La Porte Ordinance governing the business described herein. (b) Upon receipt of such application, the city clerk or his designated agents shall investigate the items sworn to by affidavit. If nei~heri,: the applicant, his business partners, nor any corporate officers have been convicted of any offense involving theft, nor had a license revoked as described above, the city clerk shall issue a license to the applicant upon payment of the license fee. (c) If the city clerk rejects the application for one or both of the two (2) reasons above, he shall give written notice by certified mail to the applicant at the address stated in the application. The written notice shall specifi- cally set forth the reasons for the rejection. (d) The applicant shall have thirty (30) days from the date of the mailing of the notice of rejection to appeal the rejection of his application to the City Commission by filing written notice of such appeal with the City Clerk. Upon receipt of such notice, the City Commission shall notify the applicant of the date and time of the hearing, to be held at the earliest time practical. At the hearing City Commission shall hear evidence on the grounds for the rejec- tion of the application. Based on a preponderance of the evidence, City Commission shall sustain or overrule such rejection in writing within ten (10) days. The applicant shall be notified of City Commission!s written decision by certified mail, return receipt requested. This shall conclude the applicant's administrative remedies and City Commission action shall be final. e e e . . Ordinance No. :1125 , page 4. e e Section 4. License Fees. The license fees for junk dealers and/or scrap metal processor plants with permanent places of business within the city shall be fifty dollars ($50.00) yearly, payable on or before the first day of January of each year. Such license, unless revoked as provided herein, shall be valid from January 1 through December 31 of the same year. Each licensee with a permanent business location in the city may use thel1icense for that business when attending shows at other locations in the city. Any dealer described herein who desires to sell items at shows in the city, but who does not maintain a permanent place of business in the city must apply for and secure a license for each location. License fees for shows shall be two dollars ($2.00) per day. Section 5. Record's requir'ed 't'o' he kept. (a) Every person licensed as a junk dealer or scrap metal processor shall keep at his place of business a record book, provided by the tax department for his purchase at a reasonable price, in which he shall enter daily a full des- cription of all personal property purchased or otherwise received at his licensed place of business. Such descrip- tion shall include the date of receipt, the name and address of the person or place of business fr0m whom such item was received, and the driver's license number, or other identi- fication accepted by the Chief of Police, of the person selling or otherwise giving the items. All entries in the record book shall be made legibly. Every junk dealer or scrap metal processor, shall upon request, submit and exhibit such bus- iness records for inspection and copying to any police officer of the city of La Porte or authorized inspector of the city clerk's office at any time during ordinary business hours. e e . e Ordinance No. 1125 , page 5. e The records book shall be available for inspection and copying for a period of three (3) years from the date of purchase of the item. Failure to present such business records as described herein for inspection and copying by a city police officer or authorized inspector of the city clerk's office shall be a misdemeanor. (b) (1) In addition to the requirements set i:out in subsection (a) hereof, the property shall be fully described including, where customary in the business, the size, the weight, material, length, number of items, capacity, and any other designations or descriptions customarily employed in the sale and purchase of such item or items. (2) The licensee, his agents or employees shall obtain a receipt from the seller or transferor of the property. Such receipt shall be dated on the actual date of the transaction and such receipts shall be retained for a period of not less than three (3) years and shall be avail- able for inspection upon request during business hours by any police officer of the city or authorized inspector of the city clerk's office. Failure to present such business records for inspection and copying by a city police officer or authorized inspector of the city clerk's office shall be a misdemeanor. Section 6. Stock to be open for examination The stock or inventory of any'junk dealer or scrap metal processor that is openly displayed and available to the public shall at any time during ordinary business hours be accessible for examinati:o,n by any police officer or authorized inspector of the city clerk's office. Failure to permit an examination when requested shall be a misdemeanor. Section 7. Articles to be retained at least seventy- two hour s . No junk dealer or scrap metal processor shall sell, dismantle, deface, or in any manner alter or dispose of any item purchased or otherwise received by him at this licensed e - e . e Ordinance No. 1125 , Page 6. e place of business for seventy-two (72) hour period, all items of property shall be stored or displayed at the dealer's business location, in the exact form received, and in a manner so as to be identifiable from the description entered in the record book. Such property shall not be kept so as to prevent or impede its examination by any police officer or authorized inspector of the city clerk's office. Section 8. Purcha'sing or r'ece'iVing' 'go'ods of minors. No junk dealer or scrap metal processor shall purchase or otherwise receive in the course of his business, any item, ownership of which is claimed by any minor, or which may be in the possession of or under control of a minor, unless the minor's parent or guardian shall state in writing, that such transaction is taking place with such parent's or guardian's full knowledge and consent. It shall be the duty of such junk dealer or scrap metal processor to preserve and keep on file, and available for inspection, such written statements of consent. Section 9. Falsifying records of statement; failure, refusal to maintain books, records. (a) Any person who willfully falsifies any records or statements required by this Ordinance shall be deemed guilty of a misdemeanor. Each falsification shall be a separate offense. (b) Any licensee, agent, or employee of such licensee, who fails or refuses to keep and maintain accurately the books and records herein required shall be guilty of a misdemeanor. Sec tion 10. Chan'ge' in b'u'slhe:s:s' 'a'd'dr'e:s'-s' Should any person licensed under this Ordinance move his place of business from the place designated in such license to a new address, he shall immediately give written notice to the city clerk and have the change noted on his license. Section 11. Revoc'atlon 'of l'i'c'en'se. (a) Upon written verified complaint filed by any person e -- e e e Ordinance No. 1125 , Page 7. e with the city clerk setting out facts alleging that any licensee under this Ordinance has violated the provisions of Section 1-15, or any state or federal statute involving the criminal offense of theft, or that the licensee falsified his original application for a license, the city clerk shall investigate the allegations. (b) Based on his investigation, the city clerk shall determine whether just cause exists for a hearing on revocation. (c) If just cause exists for a hearing on revocation of a license herein, the city clerk shall notify the licensee in writing by certified mail, return receipt requested, that a revocation hearing will be conducted at a specified time and place within reference to such complaint. A copy of the verified complaint shall be included, notifying the licensee of the allegations against him. (d) At the hearing conducted by the city clerk or his authorized agents all parties may present evidence and may be represented by licensed attorneys. All parties may question opposing witnesses. (e) Based on a preponderance of the evidence, the city clerk or his authorized agent shall determine whether the license should be revoked. A written copy of the decision shall be sent to all parties by certified mail, return receipt requested, as soon after the conclusion of the hearing as practical, but in no event more than thirty (30) days. (f) In the event that the licensee's license is revoked, such licensee may appeal the revocation to the City COIIllIlission by notifying the city clerk in writing within fourteen (14) days after the revocation. A hearing before the City Com- mission shall be set as soon as practical. Failure to appeal within fourteen (14) days shall render the city c1erk!s decision final. (g) At the hearing conducted by the City Commission, all parties shall have the right to be represented by a licensed attorney and shall have the right to cross-examine e e e e e Ordinance NQ. 1125 , page 8. e opposing witnesses. After hearing the evidence presented by both sides, City Commission shall, based on a preponderance of the evidence, render its decision. A copy of the decision. shall be sent to all parties by certified mail, return receipt requested, as soon after the conclusion of the hearing as practical, but in no event more than thirty (30) days. This shall conclude the licensee's administrative remedies and the City Commission action shall be final. Section 12. Reports of property suspected stolen. (a) It shall be the duty of the licensee, his agents or employees, to report immediately to the police department any offer to sell to the licensee, his agents, or employees any property that is stolen, or by reasonable diligence by the licensee, his agents, or employees, should know is stolen, together with the identity, when known, and description of the person or persons making such offer. Such licensee, his agents, or employees, shall also report any property acquired by the licensee which the licensee, his agents or employees, subse- quently determine or reasonably suspect to be stolen property and the licensee, his agents or employees, shall furnish such other information as might be helpful to the police in investigating the matter. (b) It shall be unlawful for any licensee, his agents or employees to purchase an item of property on which are written or affixed the words "Property of the City of La Porte" or other words demonstrating ownership by the City of La Porte except in the following circumstances: (1) Where the person offering such property for sale is an employee of the City of La Porte authorized by the City Administrator to make such a sale and provides the licensee, his agents or employees with a written author- ization from the City Administrator for the sale of such property; or (2) Where the person offering such property for sale presents at the time of such offer a valid receipt from e e . e e Ordinance No. 1125 , Page 9. e the City Administrator evidencing the purchase of such property by the person offering such property. Section 13. Exemptions from license fee'. An organization engaged in a business described herein, but which has qualified as nonprofit and which is exempt from taxation under the prov.isions of Section 501 (c) (3) of Title 26 (Internal Revenue Code) of the United States Code, must obtain a license as required herein; provided, however, that such orgainzation shall be exempt from paying the license fee required herein. All other provisions of this Ordinance apply to such organizations. Section 14. Operation of Automotive Wrecking and Salvage Yards/Junk Dea1ers/ Scrap Metal Processors. (a) Definitions (1) The term "automotive wrecking and salvage yards" as used herein shall mean any lot or tract of land whereon three or more discarded, abandoned, junked, wrecked or worn- out automotive vehicles, including but not limited to autos, trucks, tractor-trailers, and buses, are kept or stored for the purpose of disassembling, dismantling, cutting up, stripping, or otherwise, wrecking such automotive vehicles to extract therefrom parts, components or accessories for sale or for use in automotive repair or rebuilding business. (2) The term "solid" as used herein shall mean constructed and maintained so that the outer surface thereof is continuous and without interstices, gaps, spaces or holes. This shall not be construed to prohibit any spaces or gaps left by a properly constructed and maintained chain link fence with strips or slats as hereinafter provided. (b) Removal of flammable liquids from vehicles. All oil, gasoline and otaer flammable liquids shall be completely drained and removed from any junked, wrecked or abandoned automotive vehicle before said vehicle is placed in any automotive wrecking and salvage yard in the City of La Porte. (c) Fencing, wall requirements. Every automotive wrecking e - e . . Ordinance No. 1125 , Page 10. e - and salvage yard/junk dealer/ scrap metal processor yard within the City of La Porte shall be completely surrounded and enclosed by a solid fence or wall which is at least eight (8) feet in height. (d) Construction, maintenance of fence or wall. Every fence or wall herein required shall be constructed and main- tained as follows: (1) All fences shall be constructed of wood, masonry, .QQrr.ugated sheet metal, chain link, or any combina- tion thereof; provided, however, that anyone side of an automotive wrecking and salvage yard/ junk yard/ scrap metal processing yard shall be bounded by a fence or wall constructed of only one of the above materials. (2) Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. (3) All fences or walls shall extend downward to within three (3) inches of the ground and shall test plumb and square at all times. (4) All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the City of La Porte. (e) Use of wall, door or building as part of fence or wall. Any part of a fence or wall required by subsection (c) hereof may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on said premises, if such wall or door meets all construction requirements hereinabove set forth. (f) Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards/junk yards/ scrap metal processing yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall hereinabove e e e e Ordinance No. 1125 , Page 11. . . set forth. Such gates shall be closed and securely locked at all times except during normal daytime business hours. (g) Use of premises outside enclosure. (1) It shall be unlawful for owner, operator, his agents, or employees, to display, store or work on any junked or wrecked automotive vehicle, or the parts, accessories or junk therefrom or scrap metal outside of the herein required fence or wall. (2) No vehicle, or the parts, accessories or junk therefrom or scrap metal shall be stacked or piled or other- wise visible above the required fence or wall. (h) Arrangement of vehicles, parts and materials. All automtovie vehicles, parts and other materials located in or on the premises of any automotive wrecking and salvage yard/junk dealer/scrap metal processor in the City of La Porte shall be so arranged to allow reasonable access to, and inspection of, the premises by authorized fire, health, police and building officials of the City of La Porte. (i) Violation and penalties. Failure to comply with any provisions of this Ordinance shall be g~ounds for the revocation of, or the refusal to issue or renew any license required by the owner or operator of any automotive wrecking and salvage yard/junk dea1er/ scrap metal processor. , S'e'c:t'-i'o"n" '15. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provisions of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day that the violation continues shall constitute a separate offense. , 'S'e"c'ti'on '16. If any section, sentence, phrase, clause, or any part of any section,' sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity e e . . Ordinance No. 1125 , Page 12. .' shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the -intention of this City Commission to have passed each section, sentence, phrase, clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. PASSED AND APPROVED, this the A.D. 19 78 . l"5'th' day of . May' . . . . c~_ --------- . J.J. Meza, Mayor ATTEST: ~o . C~ C~ty er ~-I APPROVED: City Attorney e .