[Code. 1943. § 326.01]
For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Includes any place for the purchase, reception or keeping
of stolen goods.
Includes old iron, chain, brass, copper, tin, lead or other
base metals, old rope, old bags, rags, waste-paper, paper clippings,
scraps of woolens, clips, bagging, rubber and glass, and empty bottles
of different kinds and sizes when the number of each kind or size
is less than one gross, and all articles and things discarded or no
longer used as a manufactured article composed of or consisting of
any one or more of the materials or articles herein mentioned.
As used in this chapter, shall be held to mean and include
every person, firm or corporation that shall engage in the business
of buying, selling, bartering or exchanging or that shall collect,
receive, store or hold in possession for sale, barter or exchange,
any of the things in and by this section defined as junk, whether
dealing at wholesale or retail, or as a junk peddler.
Includes any store, shop, warehouse or building where junk
is bought, sold, bartered or exchanged, or where resale, barter, or
exchange, either at wholesale or retail.
Includes every truck, automobile, pushcart or other vehicle
used by a junk dealer in the collection, disposition, or transportation
of junk from one place to another.
Includes any yard, place or enclosure other than a junk store
as herein defined, where junk is bought, sold or bartered or exchanged,
either at wholesale or retail, or where junk is collected, received,
stored or held in possession for resale, barter or exchange, either
at wholesale or retail.
Includes every person that shall engage in the business of
buying, selling, bartering or exchanging, or that shall collect, receive,
store or hold in possession for sale, barter or exchange any of the
things in any by this section defined as junk where the usual and
customary purchases consist of quantities of less than the amounts
customarily, purchased by wholesale junk dealers as herein defined,
or purchases from junk dealers; provided, that a junk peddler as herein
defined who does not occupy premises leased or purchased especially
for the purpose of such business shall not be deemed a "retail junk
dealer" under the terms of this chapter.
Includes every person engaged in the business of buying,
selling, bartering or exchanging in large quantities, or that shall
collect, receive, store or hold in possession for sale, barter or
exchange in large quantities, any of the things by this section defined
as junk; provided, that dealing in large quantities shall be understood
to mean that the customary and usual separate transactions both of
purchases and sales shall consist of the purchase of sale of carload
lots, or lots of two tons or more of metals, or lots of 10 bales or
more of rags, and correspondingly large lots of 10 bales or more of
any other junk dealt in; and, provided further that purchasers of
old or waste metals in large quantities shall be regarded as wholesale
junk dealers unless they actually operate within the Village a plant
for the melting or refining of such metals.
[Code 1943, § 326.02]
No person shall operate as a junk dealer; nor exercise, carry
on or engage in the business of keeping a junk store or junk yard
for the purchase, sale, barter, exchange or other dealings in or storage
of junk; nor draw, or drive, or cause to be drawn or driven through
the streets of the Village, any junk wagon, as herein defined, for
the purpose of collecting, transporting, or disposing of junk; nor
be entitled to use a junk wagon for the purpose of collecting, transporting
or disposing of junk, unless such person shall have obtained the license
and given the bond required by this chapter.
[Code 1943. § 326.03]
Every person who shall apply for a license as a retail junk dealer or as a wholesale junk dealer, as the case may be, under this chapter, shall make application, in writing, which shall conform to the general provisions of Chapter 29 relating to application for licenses and shall set forth that the purpose of his business is to conduct or engage in the retail junk business or the wholesale junk business, as the case may be, as in this chapter defined, and that such person will observe and comply with all the provisions of this chapter.
Every person applying for a license as a junk dealer shall state
in his written application that he has not kept, maintained or conducted,
and that he has not been convicted of keeping, maintaining or conducting,
a "fence." Every corporation making application for a license as a
junk dealer shall state in its written application that it has not,
nor has any of its officers, stockholders or employees, kept, maintained
or conducted or been convicted of keeping, maintaining or conducting
a "fence."
[Code 1943, § 326.04]
The President of the Village shall grant licenses as wholesale
junk dealers or retail junk dealers to such persons and firms as shall
conform with the general provisions relating to applications for licenses
and shall produce to him satisfactory evidence of good character,
and to such corporations as shall conform to such general provisions
and shall produce to him satisfactory evidence of reputable standing;
he may also grant licenses to such persons as shall produce satisfactory
evidence of good character or reputable standing to run or operate
junk wagons.
The President may also grant licenses as junk peddlers to such
persons as do not operate junk stores or junk yards who shall produce
satisfactory evidence of good character, but such a junk peddler's
license shall not authorize a junk peddler to operate as either a
retail or wholesale junk dealer; provided, that a retail junk dealer
may employ such number of junk peddlers as he may obtain junk vehicle
licenses for, but in such case it will he necessary for the junk peddler
to have a license as such junk peddler in addition to the license
for the vehicle.
[Code 1943. § 326.07]
Every license granted to a retail or wholesale junk dealer,
shall designate the house, store, place, building, warehouse, yard
or enclosure in which the person receiving such license shall be authorized
to carry on such business.
[Code 1943, § 326.02]
No person licensed as a wholesale junk dealer or as a retail
junk dealer shall exercise, engage in or carry on any such business
at any other house, place, store, shop, warehouse, building, yard
or enclosure than that designated in the license issued therefor.
[Code 1943, § 326.04]
Every person who shall keep, maintain or conduct both a retail
junk business and a wholesale junk business shall procure a separate
license for each, and if more than one retail junk business, for each
such retail business. A separate license shall be procured by every
junk dealer for each separate junk store or junk yard located on separate
premises and for each junk wagon used in the business. Where a junk
store and a junk yard located upon the same or contiguous or adjoining
premises are kept, maintained or conducted by the same person such
business shall be considered as one business and only one license
shall be required therefor, except where such person shall be engaged
both in wholesale and retail junk business.
[Code 1943, § 326.21]
The President and Board of Trustees may revoke the license of
an owner of any junk shop or yard or wagon at any time for failure
to keep his wagon or premises in a sanitary condition, or for failure
to abide by the ordinances of the Village or the laws of the state.
[1943 Code § 326.09]
Every person licensed under the provisions of this chapter as
a junk dealer, shall, at the time of receiving such license, enter
with sufficient surety into a joint and several bond to the Village
in the penal sum of $500, conditioned for the faithful observance
of this chapter regulating junk dealers. Before any person shall receive
a license to operate a junk wagon, he shall execute a bond in the
sum of $100 with sufficient surety, conditioned for the faithful observance
of this chapter now in force, or which may hereafter be passed regulating
drivers of junk wagons.
[1943 Code § 326.08]
Every person licensed as a retail or wholesale junk dealer,
before using any junk vehicle, or causing the same to be used, for
the collection, transportation or disposal of any of the articles
or things mentioned or defined as "junk" in this chapter, shall obtain
from the Village Clerk, for each such junk vehicle, a painted metal
plate of a different color or design for each year, on which shall
be stamped a number corresponding to the license number of such junk
dealer and also the words "Village Junk," together with the year for
which the license is issued, which plate shall be securely fastened
on the outer side of the right side of such vehicle used in such junk
business. In lieu of such plate the clerk may issue a decalcomania
to be posted on or in the vehicle in the manner prescribed by the
Village Manager. Such junk vehicle shall also be permanently marked
with the name of such licensed junk dealer, together with the street
and number of his place of business.
Such person shall also, at the same time the plate or decalcomania
for a junk vehicle is secured, obtain from the Village Clerk a metal
badge for the driver of each licensed junk vehicle, having a number
thereon corresponding to the number on the plate or decalcomania.
Such badge shall be provided with a pin or other fastening and shall
be worn in a conspicuous place on the outside of the coat, and it
shall be of a different design for each year.
Every person licensed as a junk peddler under the provisions
of this chapter, who does not operate a junk store or junkyard and
who is not employed by a wholesale or retail junk dealer, shall be
subject to all the requirements of this section in respect to license
plates, decalcomanias and badges.
[1943 Code § 326.02]
No person licensed under the terms of this chapter as a retail
junk dealer shall be permitted under his license so to purchase "junk,"
as defined in this chapter, from another retail junk dealer, or to
purchase junk in carload lots or in large quantities as defined herein;
provided, that any retail junk dealer that desires to purchase junk
in such manner or such quantities may secure a separate license as
a wholesale junk dealer if the wholesale business is carried on entirely
distinct from the retail business, as hereinafter provided.
[1943 Code § 326.18; Ord. 2015-33, 7-20-2015]
(a)
No one licensed as a junk dealer shall be licensed as a pawnbroker
or dealer in secondhand articles in the Village.
(b)
It shall be unlawful for anyone licensed as a junk dealer to engage
in the business of buying, selling, bartering or exchanging, or to
collect, receive, store or hold for sale, any catalytic converter
that is not attached to a motor vehicle, or any portion of a dismantled
catalytic converter that is reasonably identifiable as such.
[1943 Code § 326.16]
It shall be unlawful for any person to conduct or maintain any
place of business described in this chapter in such a manner that
the premises and sidewalks in front thereof are kept and permitted
to remain in an unsanitary condition.
[Ord. 11-17-1947, § 1; Ord. 2001-2, 2-5-2001, § 1]
No license shall be issued to any person to locate, establish,
conduct or maintain any junk store or yard, unless such businesses
are conducted wholly within an improved building and enclosure, be
of "fireproof construction," and such building conforms with the general
requirements of this Code relating to buildings and the building code
of the Village. All such places shall be free from the effluvia of
a sewer, drain, privy or other nuisance, also free as far as practicable
from all gases, vapors, dust or other impurities, generated by the
operation and maintenance of junk stores and yards, or otherwise,
which are injurious to health; and sufficient and separate water closets
shall be supplied for male and female employees, and such water closet
compartments shall be properly ventilated. The department of health
and human services shall inspect all such places as often as it shall
deem necessary to see that the provisions of this chapter are complied
with, and that all "junk" as defined in this chapter shall be kept
within the confines of the enclosed building aforesaid, and no junk
or any part thereof shall be exposed to the elements and shall be
kept outside of or beyond an enclosed building of "fireproof construction"
as aforesaid.
[1943 Code § 326.10]
The places of business, junk wagons and junk, of all junk dealers and peddlers, shall, at all reasonable times, be open to the inspection of any member of the police department. Any person using or occupying such place of business, or junk wagon, that shall refuse access thereto or shall conceal or attempt to conceal any junk subject to such inspection shall be punished as provided in Section 13-3 of this Code.
[1943 Code § 326.03]
It shall be unlawful for any person to locate, establish, conduct
or maintain any junk store or yard within 400 feet of a church, hospital,
public or parochial school, such distance to be measured by the shortest
straight line between the junk shop or junkyard sought to be located,
established, conducted or maintained, and any such building used for
the purpose of a church, hospital, public or parochial school.
[1943 Code § 326.11]
In case any person licensed as a retail or wholesale junk dealer
shall remove his place of business from the place of location designated
in such license, such licensed junk dealer shall immediately give
notice to the Village Clerk, and have the change noted upon such license,
and the street and number of such place of business shall thereupon
be changed in the sides of any and all junk wagons or other vehicles,
used by such licensed dealer and made to correspond with such new
place of business.
[1943 Code § 326.14]
Every junk dealer who maintains a junkyard within the Village
shall render a report in writing to the Chief of Police, on blank
forms to be furnished by the police department, an accurate description
of all goods, articles or things purchased or received in the course
of business of the junk dealer during the preceding week, stating
the price paid and the name, residence and general description of
the person from whom such goods, articles or things were received.
Such report shall be submitted and filed with the Chief of Police
on Tuesday of each week for all businesses transacted for the period
from Monday to Saturday, inclusive, of the week preceding.
[1943 Code § 326.15]
No junk dealer or operator of a junk wagon shall purchase, or
receive any goods, article or thing whatsoever, except old rags, and
wastepaper, from any minor under the age of 18 years, unless such
minor's parents or guardian shall state in writing that such
transaction took place with such parent's or guardian's
full knowledge and consent, and it shall be the duty of such dealer
or operator of a junk wagon or owner of a junk shop or yard to preserve
and keep on file such written statement or consent of parents or guardian
for the purpose of subsequent reference thereto.
[1943 Code § 326.13]
Every person licensed as a junk dealer or junk peddler, shall
keep at his place of business a substantial well bound book, in which
shall be legibly written, in English, at the time of every purchase
or sale, a description of every article so purchased or sold, the
name, residence and general description of every person or persons
from whom such purchase was made or to whom such sale was made, the
day and hour of such purchase of sale, and shall record any prominent
or descriptive marks that may be visible on such person or property;
and all the entries made in such book shall be made in ink, and the
book shall be kept clean and neat.
Every person so licensed shall, during the ordinary hours of
business, when required by the Chief of Police, or any police officer
or licensed inspector of the Village submit and exhibit such book
to the inspection of the above named officers, and shall also exhibit
such goods or personal property to any of the aforesaid officers when
requested so to do; and shall keep and preserve all written statements,
and shall submit and exhibit the same for inspection when requested
to do so by the President and Board of Trustees, or any member of
the Board of Trustees, and any member of the police force, or any
public officer.
[Code 1943, § 326.16]
It shall be unlawful for any person conducting and maintaining
a junk shop or junk yard, to break up old boilers, iron and other
junk by means of hammers, sledges or other mechanical devices, in
such a manner as to disturb the peace and quietude of the residents
of the immediate vicinity of any junk shop or junk yard, or to do
any other act which will disturb the peace and quietude of any of
such residents.
[Ord. 1943, § 326.17]
It shall be unlawful for any junk dealer to keep open his store
or place of business for the transaction of business pertaining to
such occupation between the hours of 7:00 p.m. and 7:00 a.m.
[Ord. 1943, § 326.18]
No licensed junk dealer shall purchase or sell any new goods.
[Ord. 1943, § 326.19]
No junk dealer shall expose for sale, or sell or dispose of
any articles within 48 hours of the time of purchasing, collecting
or storing any junk, nor until the same shall have been at least 48
hours on the premises wherein the same are offered, exposed or sold
and during such period of 48 hours, such articles shall be open to
the inspection of any member of the police department.
[Ord. 1943, § 326.-19]
No article, thing or substance included therein, of such junk
purchased, received or collected, shall be melted, vulcanized or otherwise
changed or its identity destroyed within 48 hours after the same was
purchased, received or collected.
