HomeMy Public PortalAboutOrdinance No. 452-81 03-02-1981 i '
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ORDINANCE NO. 452
AN ORDINANCE AMENDING THE CODE OF ORDINANCE OF THE CITY OF RICHLAND
HILLS SO AS TO DEFINE, REGULATE AND LIMIT THE HOURS FOR THE TRANSACTIO
OF THE BUSINESS OF PAWNBROKERS, SECOND HAND DEALERS, JUNK DEALERS AN
FLEA MARKETS IN THE CITY OF RICHLAND HILLS, ESTABLISHING A PENALTY, PRO=!-
VIDING A SEVERABILITY CLAUSE AND AUTHORIZING PUBLICATION.
WHEREAS, the Richland Hills City Council finds that the regulation
of junk dealers, second hand dealers, pawnbrokers and
flear•.markets is necessary to pre vent'such establishments
from serving to facilitate the disposition of stolen goods; and,t
v1THEREAS, the City Council of the City of Richland Hills Yeas been made
aware trial pawnshops within the City limits of Richland Hills
are trasacting business during unusual hours which make it
more convenient for persons selling stolen ware to dispose of
the same and making it difficult for the Police Department to
protect the citizens of the City due to such establishments t
diverting attention from their other duties; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL, CITY OF RICHLAND HILLS, THAT: ~
Sec. 1. For the purposes of this ordinance, the following words ~
and pr~rases shall have the manings respectively ascribed
to them by this section:
Junk Dealer. The term 'junk dealer' is used in its ord inar,
and usual excepted meaning and shall also mean and included
and person engaged in any of the following:
Collecting, handling, buying and selling of scrap
iron, scrap lead, or scrap zinc and all other scrap
metals and their alloys, second hand mechanical and
garden tools and utensils, used or second hand f
plumbing fixtures, appliances, fittings, pipes and suppli~s,
used or second hand electrical fixtures, fitting, appliances
and supplies, used or second hand gas fixtures, fittings, f
appliances and supplies, used or second hand water heat rs,
fixtures, fittings, pipes and suppl'ies,,used or second ha d
doors, window sash or glass, mantels or parts : hereof, u ed
or second hand automobiles purchased for the purpose of
~ being dismanteled, and-all automobile parts and accessor es
and used or second hand tires and tubes.
Second Hand Dealer. The term "second hand dealer" is used i
its ordinary and usual trade acceptance meaning, and shall al o
mean and include any person engaged in any of the following:
Collecting, handling, buying, trading, selling or engagin
in the sale or traffiking in of any of the following:
Used or second hand wearing apparel consisting of hats,
shoes, overcoats, raincoats and any and all kinds of
clothing; used or second hand watches, jewelry, diamond ,
luggage, musical instruments, shotguns, rifles, revolver ,
and all other kinds of firearms; and any and all kinds of
used goods, wares and merchandise which are`-handled by
pawnbrokers and second hand dealers in the usual course
of trade.
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Pawnbroker . The term "pawnbroker" is used in its
ordinary and usual trade acceptance meaning, and shall incl de
any person who loans money secured by any personal propert
(as distinguished from real property) which is left as securit
with the person making the loan. f
Sec. 2. Hours of Business Regulated .
It shall be unlawful for any person to engage in any
business of a second hand dealer, junk dealer or pawnbroker
between the hours of 7:00 p. m. and 7:00 a. m. , except I
during the month of December.
Sec. 3. License Requirements .
No junk dealer, second hand dealer, or pawnbroker shall
transact or engage in business within the City unless or until
he shall have obtained an annual license, therefore, which
license ma.y be procured by complying with the following provisions:
(a) . An application for a license shall make
request therefore in writing addressed i
to the City Secretary which application
shall contain the name, residence and
street number and such other reasonable
information as will identify such applicant
together with the classification of suci~
applicant, in case of a firm or corporation,
in which event the application shall show
the individual members of the partnership
and officers of the corporation .
(b) . A.pplica.tion to Contain Provision Relative
to Compliance with Ordinances.
'The license hereby applied for shall be
subject to all the provisions and regula-
tions of this .code and other odinances of
the City related to junk, junk dealers,
second hand dealers and pawnbrokers . '
(c) . License Fees. The annual license fee for
licenses under this section shall be $100.00,
paid in advance.
(d) . Application to be Signed and Sworn to . Such
application shall be signed and sworn to by
the person applying therefor before some
officer authorized by law to administer oaths .
(e) . Issuance of License. Each application shall be
presented to the City Secretary, who shall
issue a license to the application upon compliance
of the application with the terms of this article. ~
Sec. 4. License to be Available for Inspection.
Every junk dealer, second hand dealer and pawnbroker,
while engaged in the prosecution of his business, shall
have posted and available for inspection at all times his
license to engage in such business. ~
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Sec . 5 . Use of License by Other Prohibited. r
No junk dealer, second hand dealer or pawnbroker
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shall assign or knowingly permit his license to
be used by another, and no person shall use the
license of any such dealer except his own, in disposing
of junk or merchandise as enumerated in this ordinance. I
Sec. 6. Cancellation of License for Violation. ~
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Conviction for violating any of the provisions of ~
this ordinance shall be sufficient cause for the
cancellation of the license within the discretion of
the City Council .
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Sec. 7. Recrods Re uired of unk Dealers Second Hand Balers and Pawn rokers.
All junk dealers, second hand dealers and all pawnbrokers
as defined in this article, doing business or offering
to do business in the City shall at all times keep on hand
record books in, which shall be legibly written by the
dealer at the tim~:of any such transaction an accurate
description it the English language of the article purchased
by or deposited with the junk dealer, second hand dealer
or pawnbroker; the amount of money paid for same or loaned
thereon; the date and time of purchase or deposit, the name,
age, sex, signature, residence and race of the person
selling or depositing such article; the source and place
from which such article came or was obtained by the seller
or depositor, as reported by the seller or depositor.
A junk dealer, second hand dealer or pawnbroker shall
require e-very person not possessing a valid driver's license
selling any property to him or depositing a ny item w ith
him to place his thumb print, plainly and clearly in ink
opposite his name in the regitration book. He shall also
obtain from each seller or depositor of any property and
insert in the registration book the number of his driver's
license and when it expires. If for any reason the seller
does not possess a driver's license, other identification
and the reason foa~ not possessing such license shall be
set forth in the registration book.
Sec. 8 Identification of Merchandise.. I
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Each lot, sack, barrell, box or other container of junk or
other merchandise purchased by or deposited with license
hereunder shall be kept in the tact and have written or
stamped in a conspicuous place either on the container thereof,
_ or if no container on one of the articles, the serial number !
of the report made as set out in the preceding section, ~
which number shall at all times be kept plain and legible.
Such number shall be affixed on every second hand article bye
means of a tag on which .is legibly printed the corresponding
serial number of the report of sale and purchase required by
the precedi ng section.
Sec. 9. Period Articles °-`_be Held Before Resah
Each lot of junk and each second hand article shall be
retained in its original form, shape and condition for a
period of ten (10) days after such purchase or deposit, during
which time no part of such junk or other merchanise shall
be sold or permitted to be redeemed or removed from the
place of business of such dealer.
Sec. 10. Purchases with Manufacturer's Brand or Serial Number. Obliterated rohibite
Igo Surrl~ dealer Qr second hand.. dealer. or.. pawnbroker sriall!
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purchase or receive fro deposit or have in his possession
any article of junk or second hand article except small meta
articles bought in bulk with other scrap metal, from which
the manufacturer's serial number or brand has been removed
or obliterated.
Sec. 11. Inspection of Purchased Items.
Each article purchased by or deposited with any junk dealer,
second hand dealer or pawnbroker shall at all reasonable
times be open to inspection by any member of the police fore
of the City. ~
Sec . 12 . Purchases from Minors .
No junk dealer, second hand dealer or pawnbroker shall
purchase or receive in pledge or on deposit for any purpose
any article from any minors or which may be owned or claimed'
by or in the possession of or control of any minor unless
the parent or guardian of the minor shall state in writing than
such transaction took place with such parent or guardian's
full knowledge and consent, which written statement shall
be signed by the parent or guardian and have thereon. the
address and telephone number, if any, of such parent or
guardian. "
FLEA MARKETS
Sec. 13. Definitions
For the purposes of this ordinance , the following words
and phrases shall have the meanings respectively ascribed
to them by this section:
Flea Market. The term 'flea market' as used herein shall
mean any establishment which for a fee or remuneration of
any kind permits other to display for sale, used or second
hand wearing apparel, watches, jewelry, luggage, musical
instruments, firearms, furniture, household appliances,
automobile parts and accessories, hand tools, mechanical
equipment, garden tools.., hobby items, water heaters, pipes,
electrical fittings, plumbing fittings, radios, television
sets, bicycles, and any and all kinds of used goods, wares
and merchandise.
o Sec. 14. Those:: persons displaying merchandise in a license
flea market no more frequently than four times [n any two
month period shall be exempt from the provisions of Article II
of this chapter so long as they comply w ith relevant provis io s
of this ordinance.
Seca 15. No flea market shall be operated within the City
without a li~sense obtained therefor, which license may be
procured by complying with the following provisions:
(a) . Application: Information to be Shown.
An applicant for a license shall make request
therefor-- in writing addressed to the City
Secretary which application shall contain the
name, residence and the street number and such
other reasonable information as will identify
such applicant, together with the classification
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of such applicant in case of a firm or corporation;
in which event the application shall show the
irid ividual members of the partnership and the
officers of the corporation.
(b) . Application to Contain Provision Relative
to Compliance with Ordinances .
Such application shall contain the following words:
'The license hereby applied for shall be subject
to all provisions and regulations of this code
and other ordinances of the City related to junk,
junk dealers, second hand dealers, pawnbrokers
and flea market operations . '
(c). License Fees. The annual license fee for license
under this section shall be $100.00, paid in advanc
(d) . Application to be signed and Sworn to.
Such application shall be signed and sworn to
by the person applying therefore before some
officer authorized by law to administer oaths .
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(e) . Issuance of License . Each application shall be
presented to the City Secretary, who shall issue
a license to the applicant upon compliance
of the applicant with the terms of this ordinance.
Sec. 16. License to be Available for Inspection. I
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Every flea market operator while engaged in the
prosecution of his business, shall have posed in
public view and available for inspection at all times,
his license to be engaged in such business.
Sec. 17. License issued under this Ordinance shall
not entitled the holder thereof to engage in the sale
of used merchandise but shall only authorize the operation ~
of a flea market for the rental or the privilege of
selling such merchandise to others.
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, Sec. 18. Upon penalty of suspension of license, every
flea market license shall furnish a copy of the regulations
contained within this Ordinance to every person who is
allowed to display merchandise for sale within such flea
market .
No person shall be allowed to display merchandise for
sale in any flea market unless and until the licensee
hereunder obtained from him and recorded in a record
book which shall be legibly written by the licensee
at the time such space is rented, the name, age, sex,
signature, residence and race of the .person displaying
merchandise with permission of the licensee together
with a driver's license number from a Texas Operator's
License issued to such person, the address contained
thereon and thumb print in ink opposite his name in
registration book. The date that such merchandise
is to be displayed shall be also entered thereon, and
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the licensee shall be responsible for seeing that no perscbn
is allowed to display merchandise more frequently than four
times in any two month period.
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Sec. 19. No person shall sell any merchandise in any fle~
market unless his name is recorded in the book required b}~
the foregoing section for the date on which such sale is
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made.
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Sec. 20. All merchandise on the premises of a flea marked
shall be subject to inspection at all times by City of
Richland Hills Police Officers. Persons displaying merch~n-
dise for sale may be required by such Police Officers to
verify that they are legally the owners of such merchandise.
Sec. 21. No merchandise shall be displayed for sale at a~y
flea market any article from which the manufacturer's seal„
number of brand has been removed or obliterated.
Sec. 22. Any person violating any of the provisions of this
ordinance shall be barred from displaying any merchandise~~!at
a flea market in the City.
Sec. 23. THAT Any person, firm or corporation violating any provision
of this ordinance shall be deemed guilty of a misdemeanor)
and upon conviction thereof fined in an amount not to excged
Two Hundred Dollars ($200.00); each and every day any such
offense occurs will constitute a separate violation and shall
be punishable hereunder.
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Sec. 24. THAT if any section, subsection, sentence, clause, or phrajse
of this ordinance is held unconstitutional, or otherwise n-
valid, such infirmity shall not affect the validity of th
ordinance, and any portions in conflict are hereby repealdd.
Sec. 25. THAT the City Secretary is hereby authorized to cause pub-
lication of the descriptive caption and penalty clause ofd
this ordinance as an alternative method of publication prq-
vided by law.
PASSED AND APPROVED THIS day of 1981.
ATTFi~T: avid L. Raga , M or
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Pauline Kempe, City cretary
A~,PGPR~OVER-.4~ TO FORM A~1,~, LEGALITY:
r~ s,
Re McENtire, City Attorney
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