Loading...
3802 Junk DealersORDINANCE NO. 3802 (Published in the Salina Journal 1929) AN ORDINANCE relating to and regulating the business of buying, selling, storing and collecting and otherwise dealing in junk as herein defined, classifying junk dealers, providing for and requiring licenses therefor, providing penalties for the violation of this ordinance and repealing ordinance Number 2071 relating to junk dealers. r i - BE IT ORDAINED by the Board of Oommissioners of the City of Salina, Kansas: Section 1. Junk is hereby defined to be o;d iron, lead, brass, steel, copper or other metals, wires, cables, rags or bagging, rope, rubber, bones, paper, bottles and other and similar old materials, and old machinery and old automobiles or parts thereof. Section 2. It shall be unlawful for any person, firm or corporation to carry on a business of buying, selling, collecting, trading, exchanging or otherwise dealing in junk as herein defined without first having obtained a license so to do and having paid a license fee therefor as hereinafter provided. Section 3. Any person, firm or corporation desiring any such license shall make application in writing to the City Clerk which application shall set forth the full name of the applicant together with his residence address and if a dealer, the location at which such junk is to be kept or stored and the applicant shall not keep or store junk in any other location in said city. Any such applica- tion shall be submitted to the Board of Commissioners and if the Board of Commissioners approve such application and location, may order the issuance of a license upon payment of license fee as herein required. Section 4. Those governed by this ordinance, and of whom licenses shall be required as provided for herein, shall be classified as follows: (a) Junk Dealers , who are defined as any person, firm or corporation buying, selling, collecting, trading in, exchanging, or otherwise dealing in junk as herein defined, except old automobiles or parts thereof ,,and who shall conduct business at and from any yard or place in the City of Salina where any such junk is kept or stored. (b) Junk Collectors, who are defined as any person, firm or corporation buying or collecting junk as herein defined, except old automobiles or parts thereof, at any place in the City of Salina other than at the yard or place of business of some regularly licensed junk dealer. (c) Automobile Junk Dealers, who are defined as any person, firm or corporation engaged in the business of buying, selling, storing, exchanging, trading or otherwise dealing in old automobiles or parts thereof for the purpose of wrecking or junking automobile', 1 4 or for any purpose other than for use as vehicles; and whose busi- ness is conducted at or from any yard or other place in the City of Salina where any such automobiles or parts thereof are kept or stored; Provided that this section shall not apply to regular dealers in the new or second hand automobiles, who may as an in- cident to their regular business engage in or selling or dealing in old automobiles. Section 5. The fees for such license shall be as follows: (a) For Junk Dealers, $100.00 per annum. (b) For Junk Collectors, $1.00 per annum. (c) For Automobile Junk Dealers, $250.00 per annum; provided that an Automobile Junk Dealer may engage in business as a Junk Dealer without an additional license. All such license fees shall be payable in advance and all licenses issued hereunder shall expire on the last day of December next after the same are issued and no licenses shall be issued for less than a whole year, provided that any license issued after this ordinance takes effect and before January 1st, 1930, shall be issued for one-half of the annual license fee, and thereafter the regular annual license fee shall be paid for any year or part thereof for which any license shall be issued; provided further that any person, firm or corporation governed by the provision oft his ordinance who shall have an existing license under the ordinance now in effect shall not be required to secure a new license except to carry on a business not specifically covered by such existing license, until after the expiration of such existing license, if such existing license shall have been issued and the license fee therefor paid before the first introduction of this ordinance. Section 6. A Funk Collectors license as provided for herein shall be required for each wagon or vehicle used for the collection of junk. Section 7. No Junk Dealer or Automobile Junk Dealer shall operate more than one yard or place of business under one license, but shall secure additional license for each year or glace of busi- ness operated by him; provided that no license shall be required of any such dealer for the operation of a separate store or place of business where individual parts taken from any junk automobile are sold as parts and not as junk. Section 8. All places where any junk as herein defined is kept or stored together with all junk therein, shall at all times be kept Ertl in a sanitary condition and open to the inspection of any police or sanitary officer of the City of Salina, and no junk dealer or automo- bile junk dealer shall expose or permit to be exposed to public view any junk kept or stored by him but shall cause all such junk kept or stored by him to be kept either in a permanent building, or behind a board fence not less than five (5) feet in height, which fence shall at all times be well painted and in good repair; provided that in any yard or place in which junk is kept or stored and which was located at the time of the adoption of Ordinance No. 3188, being the zoning ordinance of the City of Salina, in any district defined by said ordinance as a commercial or residentail district, or which may be located on property taken into the city limits of said city after the establishment of any junk yard thereon and which upon its in- clusion within the city limits become a part of any commercial or residential district as defined by said zoning ordinance, no junk shall be kept or stored and no such fence shall be erected nearer than 50 feet to the line of any street or avenue upon which such yard or place abutts. Section 9. Any license issued hereunder may be revoked by the Board of Commissioners upon conviction of the licenses of any agent, employee or officer of any licensee of the violation of a ny provision of this ordinance, or of any ordinance or law relating to the purchase or Possession of stolen property, and may be suspended pending the hearing of any such charge prior to conviction. Section 10. Every Junk Dealer or Automobile Junk Dealer shall make a list of every article or group of articles purchased by him'; which list shall contain a description of the articles purchased, sufficient to identify the same, and the name of the person from whom the same were purchased and date and hour of purchase and shall furnish a true and correct copy of such list, signed by such purchaser, with the Chief of Police of the City of Salina, Kansas, before noon of each day covering the articles purchased during the preceding day. In case of any automobile or piece of machinery bearing on which is by law required to bear a motor or serial number, such motor or serial number or both if such automobile or piece of machinery has or is re- quired to have both, shall be shown, and if any such motor or serial number shall be defaced or erased, such fact shall be shown on such report and it shall be unlawful for any person, firm or corporation purchasing any such article to sell the same or to remove the same from the location at which it may be stored or kept, or to tear down or remove parts therefrom, until the same has been in his possession for at least 48 hours. Section 11. Any person, firm or corporation, or any employee, agent, officer or member thereof, who shall violate any of the provisions of this ordinance, or who shall permit or direct the violation thereof by any employee or agent, or who shall conduct any business defined herein without securing a license and paying the license fee therefor, or who shall conduct or carry on such business after any such license shall be revoked or suspended, shall be deemed guilty of misdemeanor or and upon conviction shall be punished by a fine in any sum not less than $25.00 nor more than $100.00 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment, for each off6nse, and each days continued violation of any provision of this ordinance shall be deemed to be a separate offense. Section 12. That Ordinance No. 2071, being Article 8 Revised Ordinances 1925, be and the same is hereby repealed; Provided that such repeal shall not affect any existing license issued thereunder and such ordinance shall remain in effect as to any such license until the expiration of such existing license. Section 13. This ordinance shall take effect and be in full force from and after its publication in the official city paper. Introduced, October 14th, 1929 Passed, October 21st, 1929 Guy T. Helvering 'Mayor Attest: Chas. E. Banker liCity Urerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of urdinanee No. 3802 passed and approved by the Board of Commissioners of the City of Salina October 21st, 1929; and a record of the vote on its final adoption is found on page 1 1 3 Journal No. 12 City Clerk 14 ( rublished in the Salina Journal 1929 ) Ordinance No. 3802 An Ordinance relating to and regulating the business of buying, selling, storing and collecting and otherwise dealing in junk as herein defined, classifying junk dealers, providing for and requiring licenses therefor, providing penalties for the violation of this ordinance and repealing Ordinance Number 2071 relating to junk dealers. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. Junk is hereby defined to be old iron, lead, brass, steel, copper or other metals, wires, cables, rags or bag- ging, rope, rubber, bones, paper, bottles and other and similar old materials, and old machinery and old automobiles or parts there- of. Section 2. It shall be unlawful for any person, firm or corporation to carry on a business of buying, selling, collecting, trading, exchanging or otherwise dealing in junk as herein defined without first having obtained a license so to do and having paid a license fee therefor as hereinafter provided. Section 3. Any person, firm or corporation desiring any such license shall make application in writing to the City Clerk which application shall set forth the full name of the applicant together with his residence address and if a dealer, the location at which such junk is to be kept or stored and the applicant shall not keep or store junk in any other location in said city. Any such applica- tion shall be submitted to the Board of Commissioners and if the Board of Commissioners approve such application and location, may order the issuance of a license upon payment of license fee as herein required. Section 4. Those governed by this ordinance, and of whom licenses shall be required as provided for herein, shall be classified as follows: (a) Junk Dealers, who are defined as any person, firm or corporation buying, selling, collecting, trading in, exchanging, or otherwise dealing in junk as herein defined, except old automobiles or parts thereof, and who shall conduct business at and from any yard or place in the City of Salina where any such junk is kept or stored. (b) Junk Collectors who are defined as any person, firm or corporation buying or collecting junk as herein defined, except old automobiles or parts thereof, at any place in the City of Salina other than at the yard or place of business of some regularly licensed junk dealer. (c) Automobile Junk Dealers, who are defined as any person, firm or corporation engaged in the business of buying, selling, storing, exchanging, trading or otherwise dealing in old automobiles or parts thereof for the purpose of wrecking or junking automobile4 or for any purpose other than for use as vehicles, and whose business is conducted at or from any yard or other place in the City of Salina where any such automobiles or parts thereof are kept or stored; Provided that this section shall not apply to regular dealers in the new or second hand automobiles, who may as an incident to them► regular business engage in W selling or dealing in old automobiles. Section 5. The fees for such license shall be as follows: (a) For Junk Dealers, $100.00 per annum. (b) For Junk Collectors, 01.00 per annum. (c) For Automobile Junk Dealers, $250.00 per annum; provided that an Automobile Junk Dealer may engage in business as a Junk Dealer without an additional license. All such license fees shall be payable in advance and all licenses issued hereunder shall expire on the last day of December next after the same are issued: and no licenses shall be issued for less than a whole year, provided that any license issued after this ordinance ordinance takes effect and before January lst, 1930, shall be issued for one-half of the annual license fee, and thereafter the regular annual license fee shall be paid for any year or part thereof for which any license shall be issued; provided further that any person, firm or corporation governed by the provisions of this ordi- nance who shall have an existing license under the ordinance now in effect shall not be required to secure a new license except to carry on a business not specifically covered by such existing license, until after the expiration of such existing license, if such existing license shall have been issued and the license fee therefor paid before the first introduction of this ordinance. Section 6, A Junk Collectors license as provided for herein shall be required for each wagon or vehicle used for the collection of junk. Section 7. No Junk Dealer or Automobile Junk Dealer shall operate more than one yard or place of business under one license, but shall secure additional license for each yard or place of business operated by him; provided that no license shall be required of any such dealer for the operation of a separate store.or place of business where individual parts taken from any junk automobile are sold as parts and not as junk. Section 8. All places where any junk as herein defined is kept or stored together with all junk therein, shall at all times be kept in a sanitary condition and open to the inspection of any police or sanitary officer of the City of Salina, and no junk dealer or automobile junk dealer shall expose or permit to be exposed to public view any junk kept or stored by him, but shall cause all such junk kept or stored by him to be kept either in a permament building, or behind a board fence not less than five (5) feet in height, which fence shall at all times be well painted and in good repair; provided that in any yard or place in which junk is kept or stored and which was located at the time of the adoption of Ordinance Number 3188 , being the zoning ordinance cf the City of Salina, in any district defined by said ordinance as a commercial or residential district, or which may be located on property taken into the city limits of said city after the establishment of any junk yard thereon and which upon its inclusion within the city limits 3802 -- 4 become a part of any commercial or residential district as defined by said zoning ordinance, no junk shall be kept or stored and no such fence shall be erected nearer than 50 feet to the line of any street or avenue upon which such yard or place abutts. Section 9. Any license issued hereunder may be revoked by o.� the Board of Commissioners upon conviction of the licensee of any agent, employee or officer of any licensee of the violation of any provision of this ordinance, or of any ordinance or law relating to the purchase or possession of stolen property, and may be suspended pending the hearing of any such charge prior to conviction. Section 10. Every Junk Dealer or Automobile Junk Dealer shall make a list of every article or group of articles purchased by him, wheih list shall contain a description of the articles purchased, sufficient to identify the same, and the name of the person from whom the same were purchased and date and hour of purchase and shall furnish a true and correct copy of such list, signed by such purchaser, with the Uhief of r'olice of the Uity of Salina, Kansas, before noon of each day covering the articles purchased during the preceding day. In case of any automobile or piece of machinery bearing on which is by law required to bear a motor or serial number, such motor or serial number or both if such automobile or piece of machinery has or is re- quired to have both, shall be shown, and if any such motor or serial number shall be defaced or erased, such fact shall be shown on such report and it shall be unlawful for any person, firm or corporation purchasing any such article to sell the same or to remove the same from the location at which it may be stored or kept, or to tear down or remove parts therefrom' as been in his until the same hpossession for at least 48 hours. Section 11. Any person, firm or corporation, or any employee agent, officer or member thereof' y of the who shall violate an ' pro- visions of this ordinance, or who shall permit or direct the violation thereof by any'employee or agent, or who shall conduct any business defined herein without securing a license and paying the license fees therefor, or who shall conduct or carry on such business after any such license shall be revoked or suspended, shall be deemed guilty of misdemean- or and upon conviction shall be punished by a fine in any sum not less than $25.00 nor more than $100.00 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment, for each offense, and each days continued violation of any provision of this ordinance shall be deemed to be a separate offense. Section 12, That Ordinance No. 2071, being Article 8 Revised Ordinances 1925, be and the same is hereby repealed; Provided that such repeal shall not affect any existing license issued thereunder and such ordinance shall remain in effect as to any such license until the expiration of such existing license. Section 13. This ordinance shall take effect and be in full force from and after its publication in the official city paper. Attest: Introduced, October 14th, 1929. Passed, -----October 21st, 1929. City Clerk. G�fiiy.�c ayor