Article 3. Junk and Secondhand Dealers

 

§10-301             JUNK AND SECONDHAND DEALERS; DEFINITIONS.

(1)        “Junk dealer” is hereby defined as meaning, and shall include any person engaged in the business of buying, selling, receiving, collecting or dealing in metal scraps, scrap iron, metals of any kind and in any form, bottles, rags and used tires; the dismantling or taking apart of automobiles, other than for repair, or the wrecking of automobiles; the storage of automobiles unfit for operation; the storage of automobile bodies and parts thereof; the storage of automobiles or parts thereof kept for salvage; the storage of scraps from automobiles; and/or the storage or iron, metals or junk.

(2)        “Junk collector” shall be construed to mean any person going from place to place, or house to house, collecting or buying iron, copper, brass and zinc scraps, rags. bottles, or old paper, and selling the same to a junk dealer.

(3)        “Junk yard” is hereby defined as meaning and shall include any place in the Municipality where or from which any person shall conduct, engage in and/or carry on the business of junk dealer as herein defined.

(4)        “Secondhand dealer” is hereby defined as meaning, and shall include any person engaged in the business of buying, selling, receiving or dealing in secondhand jewelry, and secondhand goods, wares or merchandise; provided, however, that this definition shall not apply to any person who conducts a business primarily for the sale of new and unused goods, wares and merchandise -- that is, where that is the main feature or object of said business -- and accepts used merchandise for trade allowance only, and only as a mere incident of the said business of selling new and unused goods, wares and merchandise. (Ref 17-505 RS Neb.)


§10-302             JUNK YARDS AND DEALERS; LICENSE REQUIRED. It shall be unlawful for any person to engage in or carry on the business of junk dealer and/or conduct, operate or maintain a junk yard within the Municipality without first having obtained a written license from the City Council for the same. (Ref 17-505 RS Neb.)


§10-303             JUNK YARDS AND DEALERS; LICENSE APPLICATION, CONTENTS. Application for such license shall be in writing, and filed with the Municipal Clerk, and shall set forth the name and address of the applicant; the exact location of the existing establishment, or of the proposed establishment, as the case may be; the exact nature of the business conducted, or to be conducted, as the case may be; whether the business is conducted, and if not yet established shall be conducted, inside of a building or outside of a building, or partly within and partly without a building; the dimensions and character of the building used or to be used, if such be the case; the plan of operation; and such other information as may be required by the City Council. (Ref 17-505 RS Neb.)


§10-304             JUNK YARDS AND DEALERS; LICENSE; AUTHORITY OF CITY COUNCIL. Such license for a proposed establishment shall be granted or denied by the City Council after such investigation as it may deem necessary, having in mind the location of the proposed establishment and the public welfare affected by the operation of said proposed establishment. Such license for an existing establishment shall be granted or denied by the City Council, after such investigation as it may deem necessary and having in mind whether or not applicant for the same has complied with all the requirements herein provided respecting the operation of junk yards and the conduct and business of carrying on the business of junk dealer. (Ref 17-505 RS Neb.)


§ 10-305            JUNK YARDS AND DEALERS; LICENSE, CONDITIONS. No license for any establishment not in existence at the time this Article becomes effective shall be granted by the City Council unless it shall be found that the proposed location of said proposed junk yard or place where the business of junk dealer is to be conducted or carried on is such that it shall not be detrimental to the public health, safety, or welfare and shall comply with all the ordinances of the Municipality. (Ref. 17-505 RS Neb.)


§10-306              JUNK YARDS AND DEALERS; OCCUPATION TAX. If the City Council grants such license to any such applicant, it shall thereupon direct the Municipal Clerk to issue such license upon the prepayment of the required occupation tax to the Municipal Treasurer. (Ref 17-525 RS Neb.)


§10-307             JUNK YARDS AND DEALERS; LICENSE, EXPIRATION. All licenses granted hereunder shall expire on the thirtieth (30th) day of April following the date of issuance of same. (Ref 17-505 RS Neb.)


§10-308             JUNK YARDS AND DEALERS; LICENSE, REVOCATION; NOT TRANSFERABLE. It shall be a condition of any of such licenses granted that they may be revoked at any time by the City Council for violation of any of the provisions of this Article, or any other ordinance of the Municipality, and such license shall not be assignable or transferable. (Ref 17-505 RS Neb.)


§10-309             JUNK YARDS AND DEALERS; BUSINESS CONDUCTED WITHIN ENCLOSURE. Unless the business of a junk dealer or the operation of a junk yard is wholly conducted inside a building, the premises on which the same is conducted or operated shall be entirely enclosed with a tight, closed fence of wood, or some other suitable material approved by the Building Inspector, at least eight feet (8̓) in height, and gates or doors in said fence shall be closed at all times, except when open for actual admittance of persons or material. Such fence shall be kept painted at all times. The provisions of this section shall apply to all junk yards within the corporate limits, save and except such junk yards as are now in existence. (Ref 17-505 RS Neb.)


§10-310             JUNK YARDS AND DEALERS; ADVERTISING. No signs, posters, or advertising material of any nature whatsoever shall be placed, painted or maintained on any such fence at any time; except, that the name of the business carried on the premises enclosed by said fence may be painted thereon. (Ref 17-505 RS Neb.)


§10-311             JUNK YARDS AND DEALERS; STORAGE OF JUNK. On any premises where the business of junk dealer or the operations of a junk yard is carried on outside of a building, the junk and material shall not be stored or piled higher than the fence surrounding the same. (Ref 17-505 RS Neb.)


§10-312             JUNK YARDS AND DEALERS; UNUSABLE JUNK. The licensee shall remove from the premises used by him, at least once each week, all scraps and parts of dismantled automobiles not usable or salable. Such licensee shall also store all inflammable materials so as to reduce the fire hazard as much as possible, and in conformity with the orders of the Fire Department. (Ref 17-505 RS Neb.)


§10-313             JUNK YARDS AND DEALERS; OIL AND GREASE, DISPOSITION. In dismantling motor vehicles on premises used by him, the licensee shall drain all oil and grease from the same into a receptacle capable of holding the same and shall remove the accumulations of such grease and oil at least once each week. (Ref 17-505 RS Neb.)


§10-314             JUNK YARDS AND DEALERS; WEEDS. The licensee shall keep all weeds and vegetation on the premises used by him, cut down to a height not to exceed twelve inches (12”) at all times, and after cutting such weeds or vegetation, he shall remove the trash from such cutting from such premises forthwith.


§10-315             JUNK YARDS AND DEALERS; FIRE HAZARDS. The licensee shall keep the premises used and occupied by him, free of paper and similar trash at all times, so as to reduce the fire hazard. Such licensee shall strictly comply with all orders of the Fire Department respecting accumulating of trash and other inflammable materials. (Ref 17-505 RS Neb.)


§10-316             JUNK COLLECTORS OR SECONDHAND DEALERS; APPLICABILITY OF ARTICLE. Sections 10-310 through 10-315 of this Article shall not apply to any person licensed as a junk collector or secondhand dealer. (Ref 17-505 RS Neb.)


§10-317              JUNK COLLECTORS OR SECONDHAND DEALERS; LICENSE REQUIRED. Any person desiring to engage in the business of junk collector or secondhand dealer shall procure a license in the same manner as is provided for in sections 10-302 to 10-308 inclusive, and furnish bond as hereinafter provided. (Ref 17-505 RS Neb.)


§10-318              JUNK COLLECTORS OR SECONDHAND DEALERS; LICENSE REQUIRED. Every person desiring to be licensed as a junk collector or secondhand dealer, under the provisions of this Article, shall first file with the Municipal Clerk a bond with a corporate surety authorized to do business in the State of Nebraska, running to the Municipality, approved by the City council, in the sum of five hundred dollars ($500.00), conditioned upon the faithful observance of the ordinances of the Municipality, and the proper conduct of said business in accordance with the provisions of this Article, and further conditioned for the payment to the person of any damages such person may suffer by reason of the improper conduct of such business. (Ref 17-505 RS Neb.)


§10-319              JUNK DEALERS; BOND. Every person desiring to be licensed as a junk dealer under the provisions of this Article, shall first file with the Municipal Clerk a bond with a corporate surety, duly authorized to do business in the State of Nebraska, running to the Municipality, in the sum of one thousand dollars ($1,000.00) conditioned upon the faithful performance of the ordinances of the Municipality, and the proper conduct of said business in accordance with the provisions of this Article, and further conditioned for the payment to any person of any damages such person may suffer by reason of the said improper conduct of such business, which surety and bond shall first be approved by the City Council. (Ref. 17-505 RS Neb.)


§10-320             JUNK AND SECONDHAND DEALERS; RECORD OF PURCHASE. All licensees, under the provisions of this Article shall keep a written record containing an accurate account or description of goods, articles, and things purchased by them, the amount of money paid therefor, the time the same is received, the name, residence and description of the person selling the same, which written record, as well as the article purchased, shall be at all reasonable times open to the inspection of the Police Department. (Ref. 69-204 RS Neb.)


§10-321             JUNK AND SECONDHAND DEALERS; REPORTS REQUIRED; WHEN DUE; CONTENTS. It shall be the duty of every licensee hereunder to make out and deliver to the Chief of Police a written report once each week of all personal property purchased or received by him, since filing his last report, including a statement of the time it was received or purchased, the name and address of the person or persons who delivered the same, or from whom the same was purchased; provided, that said licensee shall not be required to furnish such description of any property purchased from a manufacturer or wholesale dealer having an establishment or place of business, or any goods purchased at open sale from any bankrupt stock or purchased at the store or place of business of any person. (Ref 69-205 RS Neb.)


§10-322             JUNK AND SECONDHAND DEALERS; PURCHASED GOODS TO BE HELD; DURATION. No personal property received or purchased at his place of business by any junk dealer or secondhand dealer, shall be sold from the place of business of such person for a space of twenty-four (24) hours after the copy and statement required by section 10-320 of this Article shall be have been delivered as therein required. (Ref 17-505 RS Neb.)


§10-323             JUNK AND SECONDHAND DEALERS; PURCHASES RESTRICTED; WHEN. No person licensed under this Article shall take or purchase any personal property of any kind, or thing of value, from any minor, and no person licensed under this Article shall knowingly receive or purchase any personal property of any kind from any person not being the owner thereof, or from any intoxicated person. (Ref 17-505 RS Neb.)