Ordinance No. 531- ►q nG NC 531
® AN Cr(DIHAi \CE DEFINING JUNK ADD JUNK DEALE,R'S; PXVIDINZ
FOR THE ,EGULATInN AND OPE'u,ATION OF JUNK YARDS; :t£PEAL-
ING 0,:)INANCES. IKCCIJSISTENT HEF:&IITH; COi\ffAINI1\I; A SAV-
IN3S CLAUSE; Pi:OVIDIAG A PENALTY FO-ii THE VIOLATION OF
THIS O' DINANCE; INCLUDING A FINE OF NOT LESS THAN TEN
($10.00) DOLLARS, MR MO;iE THAN TWO HUM,-,ED ($200.00)
DOLLA_iS; AM PROVIDING FOt: THE PUBLICATION AID EFFECTIVE
DATE HEI- EOF.
BE IT ORDAINED BY THE CITY COUXCIL OF THE CITY OF BAYTOWN:
Section 1: Definitions: Unless it appears from the context that a different
meaning is intended, the words defined in t',-,is ordinance shall have the meaning as-
cribed to them as follows:
Junk shall mean and include scrap iron, tin, brass, copper, lead, zinc and all
• metalic substances, except precious metals, handled, purchased, received or offered
for sale by dealers in junk, and shall mean and include secondhand plumbing and
electric fixtures, wires, globes, brass pipe, lead pipe and pipe of other metals,
melted metals of any kind, such parts of machinery or machines that may be identi-
fied as such, any fixture pertaining to a residence, business house or other house
of any kind, automobile accessories, including horns, prestolite tanks,.tires and
all detached and detachable parts of any automobiles bicycle, motorcycle or motor
vehicle of any kind, or of any vehicle of any kind, hydrants, faucets, lawn hose,
lawn sprinklers, gas fixtures, fittings and appliances, garden tools, mechanical
tools of every description, harness, rags, rubber, rope, bottles and utensils of
• every description. The enumeration of the above articles shall not be held to ex-
clude other articles that may be reasonably included under the general definition
of junk, when given its usual trade meaning.
Junk Dealer: The term "junk dealer" shall mean and include any person en-
gaged in collecting, handling or selling any of the articles defined as junk) and
all persons engaged in the buying and selling of such goods, wares and merchandise.
Section 2: Records - Generally: Each junk dealer, dealer in secondhand mate;
ial or persons who shall purchase any kind of junk or secondhand material, shall
keep in a well -bound book, an accurate daily record of each article purchased, when
purchased and the amount paid by the dealer for each of such articles, and also an
accurate description of the person selling the article, giving his name, sex, age,
residence and of his operator's license number, if any, or the license plate number
of the vehicle, if any, in which junk was delivered or was obtained. The book or
record, shall be accessible at all reasonable times to the police of the City or any
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peace officer, and all such policemen and peace officers shall have the right at
• all reasonable times to examine such record when searching or looking for lost or
stolen articles or in determining whether or not the provisions of this ordinance
are being faithfully kept and observed.
Section 3: Minors: Dealers shall not accept articles from minors except un-
der certain conditions. No such dealer or operator of a junk business shall pur-
chase or receive in pledge or on deposit for any purpose any article from any minor
or which may be owned or claimed by or in the possession or control of any minor un-
less the parents or guardian of such minor shall state in writing that such transac-
tion tool place with said parents' or guardians' full knowledge and consent, which-
written statement shall be signed by such parents or guardians and have thereon the
• address and telephone number, if any, of such parents or guardians.
Section 4: Any person selling or depositing any amount of junk with a dealer
who is not well and personally known to said dealer shall be identified by some
reputable citizen known to said dealer, whose signature and address shall be placed
on the report required by this ordinance.
Section 5: Penalty: Any person, firm or corporation violating any provisions
of this ordinance or failing to observe any provisions hereof shall be deemed guilty
of a misdemeanor and upon conviction shall be fined in any sum not less than Ten
($10.00) Dollars and not more than Two Hundred ($200.00) Dollars, and each and every
day or fraction thereof during which this ordinance, or any part thereof, shall be
violated, shall be deemed a separate offense and punishable as such.
• Section 6: Repealing Clause: All ordinances or parts of ordinances inconsis-
tent with the terms of this ordinance are hereby repealed; provided, however, that
such repeal shall be only to the extent of such inconsistency, and in all other re-
spects this ordinance shall be cumulative of other ordinances regulating and govern-
ing the subject matter covered by this ordinance.
Section 7: Savings Clause: If any provision, exception, section, sub - section
paragraph, sentence, clause or phrase of this ordinance or the application of same
to any person or set of circumstances, shall for any reason be held unconstitutional,
void, or invalid, such invalidity shall not affect the validity of the remaining pro-
visions of this ordinance or their application to other persons or sets of ci.rcum-
• stances and to this end all provisions of this ordinance are declared to be sever-
abl e.
Section 8: Effective Date: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City Clerk is hereby di-
rected to give notice hereof by causing the caption of this ordinance to be purlishec
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in the official newspaper of the City of Eaytown at least twice within ten (10)
days after the passage of this ordinance.
iif-;ODUCED, rZAD and PASSED by the affirmative vote of a majority of the
Is—
City Council of the City of Baytown, on this the 26th day of -��) 1959.
ATTEST:
Edna Oliver) City Clerk
I•
lie
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.�_ - -- -- I;. f{. Pruett, Mayor----- __.m...__