Ord 934 9/12/1927 no date used Ord 933 dateR '
�
r
'
1
AN ORDINANCE REGUTATIM' JMIUK DEALERS AND DEALERS
IN SECOND-HAND GOODS, WARES AND MERCHAEDISE.
DEFINING SECOND-HAND GOODS, WARES AND
MERCHANDISE. FIXING PENALTIES.
BE IT ORDAINED BY THE BOARD OF ALDER14TEN OF THE
CITY OF WICHITA FAIT S :
SECTION I. Every dealer in junk, and every
dealer in. second-hand goods., wares and merchandise, shall
keep at his place of business a well -bound book, in which
he shall register all purchases made by him. Such register
shall be entered at the time of the purchase, and shall show:
1. Each article of property purchased, givinP
sufficient description to identify same.
2. From whom purchased, stating his gge, sex,
color, post office and street address.
3. By whom delivery is made and the street
address or place from which delivery is made.
SECTION II. The term "Junk" is herein used in
its ordinary and usual trade acceptance, but it shall he
expressly held to include all metallic substances handled
or offered for sale by dealers in junk, but shall not in-
clude rags, bottles and brines.
SECTION III. The terms "Second-hand goods, wares
and merchandise" as herein used shall include all second-
hand and shop worn goods or things purchased for the pur-
pose of resale, at either retail, wholesale or in bulk, and
shall further and especially include any new or unworn ar-
ticle or thing purchased for the purpose of resale, where
delivery is made at the time of purchase, or the purchase
is made other than in due course upon Puyeris order from
some established wholesale dealer.
SECTION IV. The provisions of this ordinance
shall not apply to purchases made by second-hand. dealers
or dealers in junk at sales by public outcry.
SECTION V. No person shall purchase any junk
or second-hand article eg such is herein defined from
any minor except by written consent of the parent or
guardian of such minor, which writing must be retained
and preserved by the purchaser.
SECTION VI. The book or register as required
under Section I hreof shall be accessible at all times
during business hours to any peace officer of Wichita
County, Texas, or of the City of Wichita Falls, Texas.
SECTIjN VII. All dealers in junk and dealers
in second-hand goods, wares and merchandise, as defined
in this ordinance, shall, whenever requested, exhibit to
any peace officer any junk, or goods, wares and merchan-
dise and things entered or required to be entered in his
register, and shall permit comparison of articles and
things found on his premises with the register kept by
him.
SECTION VIII. Each article of junk acquired
by any junk dealer must be retained by the dealer for
twenty-four hours after the actual delivery of same to
him.
SECTION IX. Any person, acting for himself
or as agent, violating any of the provisions and require-
ments of this ordinance shall be deemed guilty of mis-
demeanor, and upon conviction, shall be fined in any sum
not more than t2co.00, and each day's violation shall con-
stitute a separate and distinct offense.
AN ORDINANCE, REGUTATIYJ" JUNY DEALERS A14 NDISEEAL1 RS
'CRAIN SECOIND-HA17D GOODS, WARES AND 111 R"'
DEFINING SECOND-HAND GOODS, WAR'S AND
MERCHANDISE. FIXIIIG FENALTIrS-
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FAZ=ES:
SECTION I. ,every dealer in Juni., and every,
dealer in second-hand goQ,ds, wares and merchandise, shall
kee at his place of business a well -bound book, in which
p ister
he shall register all purchases made by him. Such reg
shall be entered at the time of the purchase, and shall show:
1. Each article of property purchased, give
sufficient description to identify same.
2. From wham purchased, stati:r his gge, sex,
color, post of=fice and street address.
3. By whom delivery is mode and the street
address or place from which delivery is made.
SECTIJN II. The term "Junk" is herein used in
its ordinary and usual trade acceptance, but it shall be
expressly held to include all metallic substances handled
or offered for sale by dealers in junk, but shall not in-
clude rags, bottles and bones.
3BCTI;)N 111. The terms "Second-hand goods, wares
and merchandise" as herein used slitll include all second-
urcha.sed for the ptar-
hand and shop worn goods or things p
pose of resale, at either retail, wholesal,= or in bulk, and
shall further and especially include any neje or unworn ar-
ticle or thing purchased for the purpose of resale, where
delivery is made at the time of purchase, or. the Purchase
upon buyer! s order from
is made ether than in due course
some established wholesale dealer.
SECTION IV. The provisions of this ordinance
shall not apply to purchases made by second-hand dealers
or dealers in junk at sales by public outcry.
SIiCTION V. No person shall purc'nase any junk
or second-hand article ELM such is herein defined from
any minor except by written consent of the parent or
guardian of such minor, which vwriting must be retained
and preserved by the purchaser.
SEClION VI. The book or register as required
under rection I hreof shall be accessible at all times
during business hours to any peace officer of Wichit,"
County, Texas, or of the City of Wici-ita Falls, Texas.
SECTI'JN VII. All dealers in junk and dealers
in second-hand goods, -wares and merchandise, as defiled
in this ordinance, shall, whenever requested, exhibit to
any peace officer any junk, or goods, wares and merchan-
dise and things entered or required to be entered in 'is
register, and shall permit comparison of articles and
things found on his premises with the register kept by
him.
SCTION VIII, Each article of junk acquired
by any junk dealer must be retained by the dealer for
.twenty-four hours after the actual delivery of same to
him.
SF,CTI011 IX. Any person, acting for himself
or as agent, violating any of the provisions and require-
ments of this ordinance shall be deemed guilty of mis-
demeanor,
:end
upon
conviction,
shall
be fined in
any sum
not more
than
`200.00,
and each
day's
violation
shall con-
stitute a separate and distinct offense.
so S# NO 0
A BUAL
To .be Entitled
by Lattimore*
All jet to define junk dealers; to require such
dealers to give Land, proscriblnC Uie conditwio),'is Of such
bond; to require such dealers to take bill of sale from each
sellertV forbid the purchase of certain articles by such
dealerg from Mincre or In the night tilas* to prescribe
pona;tiaal iid dealaring. an emergency,
"o IT Z1;A-C= BY T-IiS. o:W TXX MATU QF TIWUSI:
"CTIQii I* That any person, firm or corporation who
shall be en a6 -ed in buying second hand electric light fixtures,
vivo$ or globes, plumlbing fixturee or supplies of any deocrip..
tion whatsoever, copper wire, iron or lead pipe, melted copper
or load,, or other second j,iand f ixtures appertaining to a
residence or business hours, ah 2l be deemea a juiik dealer*
"'CM'40 20 .6very junk dealer is horob,required, at S
the ti-ple of purchazes to take from tl-.,e DC'11cr Of ally Of the
articles najued in secti011 011e Of this Act a wT'tts'%n bill of
sale signed ar.d acknowlea&ed by txie seller before some officer
authorized by lv,w to take acknowledgments to deeds and such
of'f'icer sjl;-�Ill mail -e record of sucli ackowledgments in his notate
vial record* �u ch bill of gals $hall deecribe Vat articles
"
sold and give the name acid address of the yeller and aliall be
filed by such junk dealer with the county clerk of the county
in which such junk delaer has his place of busineas ,,Athin
twenty-four hours after its receipt by him*
d1j"US1016 Zo it shall be unlawful for any junk dealer
to purchase any of the articles named it) section oat of this
Act from any pereon under the &be of twOrItY-O"10 Y'S"s Or to
purchase any such article in the night time,
"(31" 4 U0 such dealer sliall receive from any
00mlon carrier or by ot'Aar metnQd of transportation any of the
articles nautwu in section 011e Of thin pct from any "erson*
firm or cc ;PW ion without iliaving delivered to him at the
Vage 20
"me time, or prior trierotoo the Lill of sale for such
articles# as required by section two Of this Act.
iWt;TlQi4 6 a Avery junk dealer is Aereby required to
z7 ase bo, -Ad in the Bug, of tAree thousand dollars, with two or as
more good and sufficient sureties who reside in the county Of
the place of busirless Of such dealers or with a zolvent surety
company authorised to au business in this 6tater payable to
ti -le county judge of the County Of U10 place Of bus"eve of
such d.ealert and to 'his mi,coessore in office for the benefit
of all ,GrgsQns e41tjt1,e.,1 to *cover thereon by reason of a broa&
of any of its coriditions* The condition of such bond shall be
that vuch junk dealer will not purckiane any of the articles
xiar ed in zection olle of this Act without# at t{ -ie time Of PUr-
chase$ ti4ci,16s. ill oi, rmle as. ronuired by thie Act #$ that he
will fi.le taid bill of sale with the county clerk witbin the
tjxle M'Vecjrjed Ly tij.0 �Le -w a any s ch
_3 ill riot purc' ra 0 u
cart iclt Xrou? any perion under the a� e L)f twenty-one years nor
in 'Gila dight tiwe.
W&OTIU14 6. Liv.cli bond be aPPruv0d by tlla county
judge and filed ijr, tLe county (.lerkls officS Of the county Of
the place of business of Hucil (jealer, in which county any
person cluilaing to have been damn ,,ed by a breach of its condi»
tions may maintain suit tAareOA#* provided t0hat a-tich bond shall
not become void by reason of a first recevery thereon, but may
anjolait thereof is exhausted, provided,
be s* ed upon in-Itil the 0
howover,-that when said bonds x suits of recovery ths54,reon#has
been reduced to fifteen hundred dollars, said dealer shall be
required to give a now bond as in the first instance*
6AUTIU14 7, Any junk dealer who fails to comply VWX
any or the �rovisio'AS Of this mat, and Ilia bondsman$ Shall be
liable to any ovuer of tilp. property purchased by such dealer
for tae 'value of such property and In additi011 thereto to a
-penalty of not lose than fifty nor more t1las give hundred# to
be recovered by such owner in a suit filed for the value Of
such property and fax said penalty*
1 -age
"CIT 10 a0 Any junk dealer who $hall violate any of
.
the proyislons or requirements of tkis Act $hall be deemed
guilty of a misdemeanors and upon conviction shall be punished
by a fine of not less time twonty_five nor more then
two hundred dollaras or by imprisonment in the county jail foo
any term not more, ti an one years or by both euctk fine and
JJnPri sonment "
SUCTION
The f4at t�b&t the indiscriminate Yurobas*
9*
Of junk p-,romotes lquo)j potty thie'vory and causes great damage
to owners of vacant 1-.Ouses and there is no law in this State
regul&tina sucj as -les and protecting the Publics Qrsat" an
oxerEenay and an iynperittive public nac9e'AtY thIlt the
congtitutiorial rule requiring "Ville to -be rGlAd On t -f"*
several days be suapeyidedl and tlu%t t1lis to effect frOM
wad after its passages and it is so eiiactedo
I