Code of Ordinances Amendment_Pawn Brokers and Secondhand DealersMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pawn /Secondhand Dealers & Junk /Salvage Operators
DATE: December 19, 2013
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
Assistant City Attorney Crenna Brumwell recommends City Council approval of
revisions to the City of Dubuque Code of Ordinances relating to Pawn /Secondhand
Dealers and Junk/Salvage Operators.
The proposed revision of the ordinance limits the bond requirement to pawnbrokers and
secondhand dealers who receive actual possession of property for resale with an
agreement to return the property to the owner within a specified period of time. Those
pawnbrokers and secondhand dealers must furnish proof of financial responsibility by
posting bond in the amount of $15,000. If pawnbrokers and secondhand dealers do not
receive actual possession of property for resale with an agreement to return the
property to the owner within a specified period of time, then they are not subject to the
bond requirement.
The proposed revision of the ordinance also eliminates the requirement of a certificate
of liability insurance or surety bond for junk /salvage operators because they also do not
receive actual possession of property for resale with an agreement to return the
property to the owner within a specified period of time.
Several non - substantive changes were also made to the ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
Mark Da!sing, Chief of Police
2
THE CITY OF
DuBIQUE EMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, Es .
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: December 18, 2013
RE: Pawn /Secondhand Dealers & Junk /Salvage Operators
History
City of Dubuque Code of Ordinances Chapter 6, Articles A and B previously required a
certificate of liability insurance or surety bond for all pawnbrokers, secondhand dealers,
and junk /salvage operators. A recent change removed the option to submit a certificate
of liability insurance to prove financial responsibility. After discussion with the City
Clerk's Office and a meeting including the City Clerk's Office, the City Attorney's Office,
and insurance representatives Tim English and Frank O'Connor, the attached ordinance
is proposed which further changes the proof of financial responsibility requirement.
The proposed revision of the ordinance limits the bond requirement to pawnbrokers and
secondhand dealers who receive actual possession of property for resale with an
agreement to return the property to the owner within a specified period of time. Those
pawnbrokers and secondhand dealers must furnish proof of financial responsibility by
posting bond in the amount of fifteen thousand dollars ($15,000). If pawnbrokers and
secondhand dealers do not receive actual possession of property for resale with an
agreement to return the property to the owner within a specified period of time, then
they are not subject to the bond requirement.
The proposed revision of the ordinance also eliminates the requirement of a certificate
of liability insurance or surety bond for junk /salvage operators because they also do not
receive actual possession of property for resale with an agreement to return the
property to the owner within a specified period of time.
Several non - substantive changes were also made to the ordinance.
Recommendation
It is my recommendation that the proposed ordinance be submitted to the City Council
for consideration and approval. The City Clerk's Office will be working with businesses
to transition from the current ordinance regulations to functioning under the amended
ordinance. Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381
ORDINANCE NO. 2 -14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 6 PAWNBROKERS AND SECONDHAND
DEALERS; JUNK AND AUTO SALVAGE DEALERS BY AMENDING THE PROOF
OF FINANCIAL RESPONSIBILITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 4, Chapter 6 of the City of Dubuque Code of Ordinances is
amended to read as follows:
ARTICLE A. PAWNBROKERS AND SECONDHAND DEALERS
4 -6A -1: DEFINITIONS:
For the purposes of this article, the following definitions apply:
PAWNBROKER: Any person who makes loans or advancements upon pawn, pledge, or
deposit of personal property, who receives actual possession of personal property as
security for a loan, with or without a mortgage or bill of sale, who receives actual
possession of property for resale, or otherwise holds himself or herself out as a
pawnbroker.
PERSON OF GOOD MORAL CHARACTER: A person who meets all of the following
requirements:
A. The person has such financial standing and good reputation as will satisfy
the city council that the person will comply with all the laws, provisions of this
code, other city ordinances, and regulations applicable to the person's operations
under state law. However, the city council will not require the person to post a
bond to meet the requirements of this subsection;
B. The applicant is a citizen or legal resident of the United States; in the case
of a corporation, is licensed to do business in the state of Iowa; or in the case of
a partnership, only one general partner needs to be a citizen or legal resident;
C. The person has not been convicted of a felony. However, if a conviction of
a felony occurred more than five (5) years before the application for a license or
permit and if the person's rights of citizenship have been restored, the city
manager may determine that said person is a person of moral character
notwithstanding the conviction; and
The requirements of this definition apply to the following:
1. Each of the officers, directors, and partners of such person.
2. A person who directly or indirectly owns or controls ten percent (10 %) or
more of any class of stock of such person.
3. A person who directly or indirectly has an interest of ten percent (10 %) or
more in the ownership or profits of such person.
SECONDHAND DEALER: Any person who purchases or receives used goods or
materials for the purpose of resale including, but not limited to:
Bicycles
Coins
Collectibles
Computers, software, and computer accessories
Construction equipment
Electronic equipment
Firearms
Glassware
Household appliances
Hunting and fishing equipment
Jewelry
Lawn and garden tools, equipment, and furnishings
Motor vehicle parts and equipment
Motor vehicles
Musical instruments
Photographic /video parts and equipment
Precious and semiprecious stones
Precious metals in the form of bullion or ingots
Radio equipment
Rare books
Silver /silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehicles
Video game systems, originally manufactured with a serial number
Works of art
Nonprofit corporations and businesses which are not primarily engaged in the sale of
secondhand goods are exempt from this article.
4 -6A -2: PENALTIES:
Failure to comply with this article is a violation of this code and is punishable as
provided in title 1 of this code. Each day of noncompliance with this article is a separate
offense.
4 -6A -3: LICENSE:
A. License Required; Application: No person may engage in the business of
pawnbroker or secondhand dealer without first obtaining a license therefor. Applications
for such licenses must be filed with the city clerk and the license issued by the city clerk.
4 -6A -4: PERSONS ELIGIBLE:
Subject to the requirements of this article, a person who is of good moral character may
apply for a license. In the case of a club, corporation, or partnership, the officers of the
club or corporation and the partners of a partnership must be persons of good moral
character as defined by state law and this article.
4 -6A -5: APPLICATION CONTENTS:
Applications for the original issuance or the renewal of licenses must be filed at the time
and in the number of copies as the city manager prescribes, on forms prescribed by the
city manager, and must set forth under oath the following information:
A. The name and address of the applicant;
B. The precise location of the premises for which a license is sought;
C. The names and addresses of all persons, or in the case of a corporation,
the officers, directors, and persons owning or controlling ten percent (10 %) or
more of the capital stock thereof, having a financial interest, by way of loan,
ownership, or otherwise in the business;
D. A statement whether any person specified in subsection C of this section
has ever been convicted of any offense against the laws of the United States, or
any state or territory thereof, or any political subdivision of any such state or
territory; and
4 -6A -7: PROOF OF FINANCIAL RESPONSIBILITY:
Pawnbrokers and secondhand dealers who receive actual possession of property for
resale with an agreement to return the property to the owner within a specified period of
time must furnish proof of financial responsibility by posting bond in such amount as
determined by the city manager.
4 -6A -9: EXEMPTIONS FROM ARTICLE:
This article does not apply to or include the following:
A. Solicitors governed by chapter 5 of this title, except for purchasers of gold,
bullion, ingots, precious metals, and jewelry who are subject to the provisions of these
pawnbroker and secondhand dealer regulations.
B. The sale of secondhand goods as follows:
5. Goods sold at a public market, such as farmers' market; or
E. Beverage containers.
F. Scrap paper.
4- 6A -10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon
good cause, deny issuance or renewal of a license or suspend or revoke any license
issued under this article for a period not to exceed one year for any of the following:
1. Violation of any federal, state, or local law;
3. Failure to cooperate with law enforcement; or
E. Notice Of License Suspension Or Revocation: The city manager will cause to be
issued a notice that said license is suspended or revoked and therein set forth the
reason(s) therefor. Said notice must be sent to the licensee by certified United States
mail to the registered business address on file with the city clerk or by personal service
as provided by Iowa law.
4- 6A -11: REQUIRED RECORDS:
A. Pawnbrokers and secondhand dealers must provide an electronic transaction of
all articles of any kind purchased or received using the city's electronic reporting system
as approved by the city manager. Businesses that sell, deal, or trade in electronic
media /gaming systems must report all merchandise originally manufactured with a
serial number.
The report must be a full, true, and complete report of all goods, wares, merchandise, or
items obtained on deposit, pledge, or purchase, or otherwise received, and must
contain the following:
4. A record of whether the transaction was a purchase, security,
consignment transaction, or donation; and
5. A record of monies paid or loaned and which may be maintained
separately but which must be available for inspection in the course of
examination of individual transactions.
The electronic reporting system will provide for an upload of a complete electronic
report. Each "pawnbroker" and "secondhand dealer" as defined by this article must at
the end of each day provide an electronic upload to the electronic reporting system of all
transactions that occurred during that business day.
4- 6A -12: PROHIBITED ACTS:
C. Identification Required: No pawnbroker or secondhand dealer may receive any
goods or materials unless the seller presents one picture identification or two (2) other
forms of identification. Proper identification consists of, but is not limited to, driver's
license, picture identification, birth certificate, draft card, military identification card,
and /or major credit card.
E. Jewelry: Antique, new, used, or scrap jewelry, and precious metals may not be
changed in form by melting, remounting, cutting up, or otherwise changing the form of
said items for a period of five (5) days from the time of purchase of said items.
4- 6A -13: INSPECTION:
A. The licensee must, during business hours, permit a duly authorized police officer
to inspect the entire premises covered by the license, including all records that may
have any relationship to the operation of the business.
B. The police may seize, with proper seizure notice, or require the licensee to hold
property which the police have probable cause to believe is stolen property. A receipt
will be given to the licensee for all property seized. If the police have not seized or
picked up the property within thirty (30) days from the date of notification to the licensee,
said licensee may dispose of the property. Said licensee may petition the court at the
conclusion of any criminal investigation and /or proceeding for return of any unclaimed
merchandise confiscated from their possession related to the investigation or
prosecution. Said licensee may also be eligible for assistance from the state of Iowa
crime victim compensation fund.
ARTICLE B. JUNK DEALERS AND AUTO SALVAGE DEALERS
4 -6B -1: DEFINITIONS:
For the purposes of this article, the following definitions apply:
PERSON OF GOOD MORAL CHARACTER: Any person who meets all of the following
requirements:
A. The person has such financial standing and good reputation as will satisfy
the city council that the person will comply with all the laws, provisions of this
code, other city ordinances, and regulations applicable to the person's operations
under state law. However, the city council will not require the person to post a
bond to meet the requirements of this subsection;
B. The applicant is a citizen or legal resident of the United States; in the case
of a corporation, is licensed to do business in the state of Iowa; or in the case of
a partnership, only one general partner needs to be a citizen or legal resident;
C. The person has not been convicted of a felony. However, if a conviction of
a felony occurred more than five (5) years before the application for a license or
permit and if the person's rights of citizenship have been restored, the city
manager may determine that said person is a person of moral character
notwithstanding the conviction; and
The requirements of this definition apply to the following:
1. Each of the officers, directors, and partners of such person.
2. A person who directly or indirectly owns or controls ten percent (10 %) or
more of any class of stock of such person.
3. A person who directly or indirectly has an interest of ten percent (10 %) or
more in the ownership or profits of such person.
4 -6B -2: PENALTIES:
Failure to comply with this article is a violation of this code and is punishable as
provided in title 1 of this code. Each day of noncompliance with this article is a separate
offense.
4 -6B -3: LICENSE:
A. License Required; Application: No person may engage in the business of junk
dealer or auto salvage dealer without first obtaining a license therefor. Applications for
such license must be filed with the city clerk and issued by the city clerk.
4 -6B -4: PERSONS ELIGIBLE:
Subject to the requirements of this article, a person who is of good moral character may
apply for a license. In the case of a club, corporation, or partnership, the officers of the
club or corporation and the partners of a partnership must be persons of good moral
character as defined by state law and this article.
4 -6B -5: APPLICATION CONTENTS:
Applications for the original issuance or the renewal of licenses must be filed at the time
and in the number of copies as the city manager prescribes, on forms prescribed by the
city manager, and must set forth under oath the following information:
A. The name and address of the applicant;
B. The precise location of the premises for which a license is sought;
C. The names and addresses of all persons, or in the case of a corporation,
the officers, directors, and persons owning or controlling ten percent (10 %) or
more of the capital stock thereof, having a financial interest, by way of loan,
ownership, or otherwise in the business;
D. A statement whether any person specified in subsection C of this section
has ever been convicted of any offense against the laws of the United States, or
any state or territory thereof, or any political subdivision of any such state or
territory; and
4 -6B -6: INVESTIGATION OF APPLICANT AND PREMISES:
Upon receipt of an original application for a license, the city clerk will forward the
application to the chief of police, who will conduct an investigation and submit a written
report on the applicant as to the truth of the facts averred in the application and a
recommendation to the city manager as to the approval of the license.
4 -6B -7: DISPLAY OF LICENSE:
4 -6B -8: EXEMPTIONS FROM ARTICLE:
4 -6B -9: DENIAL, SUSPENSION OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon
good cause, deny issuance or renewal of a license or suspend or revoke any license
issued under this article for a period not to exceed one year for any of the following:
1. Violation of any federal, state, or local law;
3. Failure to cooperate with law enforcement; or
F. Notice Of License Suspension Or Revocation: The city manager will cause to be
issued a notice that said license is suspended or revoked and therein set forth the
reason(s) therefor. Said notice must be sent to the licensee by certified United States
mail to the registered business address on file with the city clerk or by personal service
as provided by Iowa law.
4- 6B -10: REQUIRED RECORDS:
A. Junk dealers must maintain a record of all articles of any kind purchased or
received. The record must be a full, true, and complete report of all goods, wares,
merchandise, or items obtained on deposit, pledge, or purchase, or otherwise received,
and must contain the following:
B. Auto salvage dealers must maintain a record of all articles of any kind purchased
or received. The record must be a full, true, and complete report of all goods, wares,
merchandise, or items obtained on deposit, pledge, or purchase, or otherwise received.
The report must contain the following:
4- 6B -11: PROHIBITED ACTS:
C. Identification Required: No junk dealer or auto salvage dealer may receive any
goods or materials unless the seller presents one picture identification or two (2) other
forms of identification. Proper identification consists of, but is not limited to, driver's
license, picture identification, birth certificate, draft card, military identification card,
and /or major credit card.
4- 6B -12: PURCHASES OR DONATION TRANSACTIONS:
A. Application Of Article To Certain Goods And Materials: The purchase or receipt
of the following listed goods or materials as a purchase or a donation is governed by
this article:
Bicycles
Collectibles
Computers, software, and computer accessories
Construction equipment
Electronic equipment
Firearms
Glassware
Household appliances
Household furniture
Hunting and fishing equipment
Jewelry
Junk
Lawn and garden tools, equipment, and furnishings
Motor vehicle parts and equipment
Motor vehicles
Musical instruments
Photographic /video parts and equipment
Precious and semiprecious stones
Precious metals and coins, including, but not limited to, gold, silver, platinum,
titanium, and tungsten
Radio equipment
Rare books
Silver /silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehicles
Video game systems, originally manufactured with a serial number
Works of art
B. Exempt Items: The following items, are exempt from the provisions of this article:
1. Beverage containers; and
2. Scrap paper.
4- 6B -13: INSPECTION:
A. The licensee must, during business hours, permit a duly authorized police officer
to inspect the entire premises covered by the license, including all records that may
have any relationship to the operation of the business.
B. The police may seize, with proper seizure notice, or require the licensee to hold
property which the police have probable cause to believe is stolen property. A receipt
will be given to the licensee for all property seized. If the police have not seized or
picked up the property within thirty (30) days from the date of notification to the licensee,
said licensee may dispose of the property.
4- 6B -14: SCREENING REQUIREMENTS FOR JUNK AND SALVAGE OPERATIONS:
A. Approval Of Screening Plan: An operator of a junkyard /salvage operation must
submit to the city manager a screening plan which must be approved for each individual
premises. The screening plan must integrate the screen with the natural surroundings
and consider and make provisions to assure reasonable access to the screen for
purposes of maintaining the screen.
B. Purpose Of Screening: The purpose of screening is to eliminate the visual impact
of the junkyard /salvage operation contents by obscuring it from view outside the
premises.
C. Materials For Use In Screening: Materials for use in screening of
junkyard /salvage operation generally consist of natural elements, plantings, fences, or
other appropriate means such as storage sheds, buildings, and other similar elements.
1. Natural elements include earthen berms, rock formations, wooded areas,
or other similar elements.
2. Plantings include shrubs and trees of such types as to provide year round
obscurement commensurate with local site conditions. All plant material used for
screening must be of a size and quantity to provide obscurement.
3. Screens must be made of wood, metal, or other materials commonly used
in the building trade and be of such height and type as necessary to provide
obscurement. Screens must be designed to withstand a minimum wind Toad of
twenty (20) pounds per square foot and be of a permanent nature. All materials
used for finishing screens must be a nonreflective material which will blend with
the natural surroundings. Screening must not be placed in any manner so that
either the screen or the maintenance of screen will create or contribute to the
creation of a safety hazard or endanger public safety, nor will it interfere with the
public's use of any right of way.
D. Maintenance Requirements: Junkyard /salvage operators must maintain the
screening in a condition equal to the original installation of the screening. Maintenance
includes, but is not limited to, the following items:
1. Replacement of plant material which is dead or has been damaged so that
it no longer serves the intended purpose of screening the junkyard /salvage
operation.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 6th day of Janua , 2014.
Attest:
Kevi S. Firnstahl, City ' erk
Did
Roy D. By'¢I, Mayor
EFFECT OF AMENDMENT
ARTICLE A. PAWNBROKERS AND SECONDHAND DEALERS
4 -6A -1: DEFINITIONS:
For the purposes of this article, the following definitions apply:
PAWNBROKER: Any person who makes loans or advancements upon pawn, pledge, or
deposit of personal property, who receives actual possession of personal property as
security for a loan, with or without a mortgage or bill of sale, who receives actual
1 possession of property for resale, or otherwise holds himself or herself mce lvee out
as a pawnbroker.
PERSON OF GOOD MORAL CHARACTER: Any person who meets all of the following
requirements:
A. The person has such financial standing and good reputation as will satisfy
the city council that the person will comply with all the laws, provisions of this
code, other city ordinances, and regulations applicable to the person's operations
under state law. However, the city council will not require the person to post a
bond to meet the requirements of this subsectioni-
B. Notwithstanding subsection E of this definition, tThe applicant is a citizen
or legal resident of the United States; in the case of a corporation, is licensed to
do business in the state of Iowa; or in the case of a partnership, only one general
partner needs to be a citizen or legal resident,
C. The person has not been convicted of a felony. However, if a conviction of
a felony occurred more than five (5) years before the application for a license or
permit and if the person's rights of citizenship have been restored, the city
manager may determine that said person is a person of moral character
notwithstanding the convictions- and
E. The requirements of this definition apply to the following:
1. Each of the officers, directors, and partners of such person.
2. A person who directly or indirectly owns or controls ten percent (10 %) or
more of any class of stock of such person.
3. A person who directly or indirectly has an interest of ten percent (14 %) or
more in the ownership or profits of such person.
SECONDHAND DEALER: Any person who purchases or receives used goods or
materials for the purpose of resale including, but not limited to:
Bicycles
Coins
Collectibles
Computers, software, and computer accessories
Construction equipment
Electronic equipment
Firearms
Glassware
Household appliances
Hunting and fishing equipment
Jewelry
Lawn and garden tools, equipment, and furnishings
Motor vehicle parts and equipment
Motor vehicles
Musical instruments
Photographic /video parts and equipment
Precious and semiprecious stones
Precious metals in the form of bullion or ingots
Radio equipment
Rare books
Silver /silverware
Sporting goods
Stereo equipment
Television equipment
Tools
Untitled motor vehicles
Video game systems, originally manufactured with a serial number
Works of art
and who possesses a state of Iowa retail sales tax permit or who, while not required to
items — described in subsection 'I 6A 13A of this article. Nonprofit corporations and
businesses which are not primarily engaged in athe sale of secondhand goods are
exempt from this article.
4 -6A -2: PENALTIES:
Failure to comply with this article is deer+ ed as violation of this code and is punishable as
provided in title 1 of this code. Each day of noncompliance with this article is deemed a
separate offense.
4 -6A -3: LICENSE:
A. License Required; Application: No person may engage in the business of
pawnbroker or secondhand dealer without first obtaining a license therefor. Applications
1 for such licenses must be filed with the city clerk and the license issued by the city clerk.
4 -6A -4: PERSONS ELIGIBLE:
1 Upon meetingSubject to the requirements of this article, a person who is of good moral
character may apply for a license. In the case of a club, corporation, or partnership, the
officers of the club or corporation and the partners of a partnership must be persons of
good moral character as defined by state law and this article.
4 -6A -5: APPLICATION CONTENTS:
Applications for the original issuance or the renewal of licenses must be filed at the time
and in the number of copies as the city manager prescribes, on forms prescribed by the
city manager, and must set forth under oath the following information:
A. The name and address of the applicant,
B. The precise location of the premises for which a license is sought:-
C. The names and addresses of all persons, or in the case of a corporation,
the officers, directors, and persons owning or controlling ten percent (10 %) or
more of the capital stock thereof, having a financial interest, by way of loan,
ownership, or otherwise in the business : -
D. A statement whether any person specified in subsection C of this section
has ever been convicted of any offense against the laws of the United States, or
any state or territory thereof, or any political subdivision of any such state or
territory:, and
4 -6A -7: PROOF OF FINANCIAL RESPONSIBILITY:
Each IicenseePawnbrokers and secondhand dealers who receive actual possession of
property for resale with an agreement to return the property to the owner within a
specified period of time must furnish proof of financial responsibility by posting bond in
such amount as determined by the city manager.
4 -6A -9: EXEMPTIONS FROM ARTICLE:
This article does not apply to or include the following:
A. Solicitors governed by chapter 5 of this title, except for purchasers of gold,
bullion, ingots, precious metals, and jewelry which will bewho are subject to the
provisions of the pawnbroker and secondhand dealer regulations.
B. The sale of secondhand goods where the following are presentas follows:
5. Goods sold at t#aa public market, h-e such as farmers' market, etc.; armor
E. Beverage containers.
F. Scrap paper.
4- 6A -14: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon
good cause, deny issuance or renewal of a license or suspend or revoke any license
issued under this article for a period not to exceed one year for any of the following:
1. Violation of any federal, state, or local law, including, but not limited to, a
violation of this article or any other chapter of this code;
3. Failure to cooperate with law enforcement; actor
E. Notice Of License Suspension Or Revocation: The city manager will cause to be
issued a notice that said license is suspended or revoked and therein set forth the
1 reason(s) therefor. Said notice must be sent to the licensee by certified United States
mail to the registered business address on file with the city clerk or by personal service
as provided by Iowa law.
4- 6A -11: REQUIRED RECORDS:
1 A. Pawnbrokers and secondhand dealers as defined in this article must provide an
electronic transaction of all articles of any kind purchased or received using the city's
electronic reporting system as approved by the city manager. Businesses that sell, deal,
or trade in electronic media /gaming systems must report all merchandise originally
manufactured with a serial number.
The report must be a full, true, and complete report of all goods, wares, merchandise, or
items obtained on deposit, pledge, or purchase, or otherwise received., The reportand
must contain, but is not limited to, the following:
4. A record of whether the transaction was a purchase, security,
consignment transaction, or donation; and
5. A record of monies paid or loaned and which may be maintained
separately but which must be available for inspection in the course of
examination of individual transactions.;
6. The electronic reporting system will provide for an upload of a complete
electronic report. Each "pawnbroker" and "secondhand dealer" as defined by this article
must at the end of each day provide an electronic upload to the electronic reporting
system of all transactions that occurred during that business day.
4- 6A -12: PROHIBITED ACTS:
1 C. Identification Required: No pawnbroker or secondhand dealer may receive
any goods or materials unless the seller presents one picture identification or two (2)
other forms of identification. Proper identification consists of, but is not limited to,
driver's license, picture identification, birth certificate, draft card, military identification
card, and/or major credit card.
E. Jewelry: Antique, new, used, or scrap jewelry, and precious metals may not be
changed in form by melting, remounting, cutting up, or otherwise changing the form of
said items for a period of five (5) days from the time of purchase of said items.
/I 6A 13: PURCHASES, SECURITY, AND CONSIGNMENT TRANSACTIONS:
A. Application Of Article To Certain Goods And Materials: The purchase or receipt,
including, but not limited to, the following listed goods or materials as a purchase, a
Bicycles
s
Collectibles
Construction equipment
Electronic equipment
Firearms
Ga -sswa re
Household appliances
Jewelry
Motor vehicle parts and equipment
Motor vehicles
Musical instruments
Photographic /video parts and equipment
Precious metals in the form of bullion or ingots
Radio egi iinment
Rare books
Silver /silverware
Stereo equipment
Television equipment
Tools
Untitled motor vehicles
Video game systems, originally manufactured with a serial number
Works of art
B. Jewelry: Antique, new, used or scrap jewelry, and precious metals must be
retained in the local place of business and it is unlawful to change the form of said items
period of five (5) days from the time of said transaction.
chapter:
1. Beverage containers; and
2. Scrap paper.
4 -6A -134: INSPECTION:
A. The merchantlicensee must, during business hours, permit a duly authorized
police officer to inspect the entire premises covered by the license, including all records
that may have any relationship to the operation of the business.
B. The police may seize, with proper seizure notice, or require the pawnbroker or
licensee to hold property which the police have probable cause to
believe is stolen property. A receipt will be given to the merchantlicensee for all property
seized. If the police have not seized or picked up the property within thirty (30) days
from the date of notification to the merchantlicensee, said merchantlicensee may
dispose of the property. Said merchantlicensee may petition the court at the conclusion
of any criminal investigation and/or proceeding for return of any unclaimed merchandise
confiscated from their possession related to the investigation or prosecution. Said
merchantlicensee may also be eligible for assistance from the state of Iowa crime victim
compensation fund.
ARTICLE B. JUNK DEALERS AND AUTO SALVAGE DEALERS
4 -6B -1: DEFINITIONS:
For the purposes of this article, the following definitions apply:
PERSON OF GOOD MORAL CHARACTER: Any person who meets all of the following
requirements:
A. The person has such financial standing and good reputation as will satisfy
the city council that the person will comply with all the laws, provisions of this
code, other city ordinances, and regulations applicable to the person's operations
under state law. However, the city council will not require the person to post a
bond to meet the requirements of this subsection -i
B. Notwithstanding subsection E of this definition, tThe applicant is a citizen
or legal resident of the United States; in the case of a corporation, is licensed to
do business in the state of Iowa; or in the case of a partnership, only one general
partner needs to be a citizen or legal resident -i
C. The person has not been convicted of a felony. However, if a conviction of
a felony occurred more than five (5) years before the application for a license or
permit and if the person's rights of citizenship have been restored, the city
manager may determine that said person is a person of moral character
notwithstanding the conviction -; and
E. The requirements of this definition apply to the following:
1. Each of the officers, directors, and partners of such person.
2. A person who directly or indirectly owns or controls ten percent (10 %) or
more of any class of stock of such person.
3. A person who directly or indirectly has an interest of ten percent (10 %) or
more in the ownership or profits of such person.
4 -6B -2: PENALTIES:
Failure to comply with this article is deemed as violation of this code and is punishable as
provided in title 1 of this code. Each day of noncompliance with this article is deemed a
separate offense.
4 -6B -3: LICENSE:
A. License Required; Application: No person may engage in the business of junk
dealer or auto salvage dealer without first obtaining a license therefor. Applications for
1 such licenses must be filed with the city clerk and issued by the city clerk.
4 -6B -4: PERSONS ELIGIBLE:
1 upon meetingSubject to the requirements of this article, a person who is of good moral
character may apply for a license. In the case of a club, corporation, or partnership, the
officers of the club or corporation and the partners of a partnership must be persons of
good moral character as defined by state law and this article.
4 -6B -5: APPLICATION CONTENTS:
Applications for the original issuance or the renewal of licenses must be filed at the time
and in the number of copies as the city manager prescribes, on forms prescribed by the
city manager, and must set forth under oath the following information:
A. The name and address of the applicant -i
B. The precise location of the premises for which a license is sought-i
C. The names and addresses of all persons, or in the case of a corporation,
the officers, directors, and persons owning or controlling ten percent (10 %) or
more of the capital stock thereof, having a financial interest, by way of loan,
ownership, or otherwise in the business
D. A statement whether any person specified in subsection C of this section
has ever been convicted of any offense against the laws of the United States, or
any state or territory thereof, or any political subdivision of any such state or
territory.. -; and
4 -6B -6: INVESTIGATION OF APPLICANT AND PREMISES:
Upon receipt of an original application for a license, the city clerk will forward the
application to the chief of police, who will conduct an investigation and submit a written
report on the applicant as to the truth of the facts averred in the application and a
1 recommendation to the city manager as to the approval of the license or permit.
/I 6B 7: PROOF OF FINANCIAL RESPONSIBILITY:
Each licensee must fun €h proof of financial responsibility by posting bond in such
amount ac determined by the city manager.
1 4- 6B -7g: DISPLAY OF LICENSE:
4- 6B -8Q: EXEMPTIONS FROM ARTICLE:
1 4- 6B -9141 DENIAL, SUSPENSION OR REVOCATION OF LICENSE:
A. Reasons For Denial, Suspension, Or Revocation: The city manager may, upon
good cause, deny issuance or renewal of a license or suspend or revoke any license
issued under this article for a period not to exceed one year for any of the following:
1. Violation of any federal, state, or local law, including, but not limited to, a
violation of this article or any other chapter of this code;
3. Failure to cooperate with law enforcement; a for
F. Notice Of License Suspension Or Revocation: The city manager will cause to be
issued a notice that said license is suspended or revoked and therein set forth the
1 reason(s) therefor. Said notice must be sent to the licensee by certified United States
mail to the registered business address on file with the city clerk or by personal service
as provided by Iowa law.
4 -6B -104: REQUIRED RECORDS:
1 A. Junk dealers as defined in this article must maintain a record of all articles of any
kind purchased or received. The record must be a full, true, and complete report of all
goods, wares, merchandise, or items obtained on deposit, pledge, or purchase, or
1 otherwise received,. The report and must contain, but is not limited to, the following:
1 B. Auto salvage dealers as defined in this article must maintain a record of all
articles of any kind purchased or received. The record must be a full, true, and complete
report of all goods, wares, merchandise, or items obtained on deposit, pledge, or
1 purchase, or otherwise received. The report must contain, but is not limited to, the
following:
1 4 -6B -112: PROHIBITED ACTS:
1 C. Identification Required: No junk dealer or auto salvage dealer w+t4may receive
any goods or materials unless the seller presents one picture identification or two (2)
other forms of identification. Proper identification consists of, but is not limited to,
driver's license, picture identification, birth certificate, draft card, military identification
card, and /or major credit card.
1 4 -6B -124: PURCHASES OR DONATION TRANSACTIONS:
A. Application Of Article To Certain Goods And Materials: The purchase or receipt
of the following listed goods or materials as a purchase or a donation is governed by
this article:
Bicycles:
Collectibles-
Computers, software, and computer accessories,
Construction equipment-
Electronic equipment-
Firearms,
Glassware,
Household appliances-
Household furniture-
Hunting and fishing equipment-
Jewelry-
Junk-
Lawn and garden tools, equipment, and furnishings-
Motor vehicle parts and equipment-
Motor vehicles-
Musical instruments-
Photographic /video parts and equipment. -
Precious and semiprecious stones-
Precious metals and coins, including, but not limited to, gold, silver, platinum,
titanium, and tungsten-
Radio equipment-
Rare books-
Silver/silverware-
Sporting goods-
Stereo equipment-
Television equipment-
Tools-
Untitled motor vehicles-
Video game systems, originally manufactured with a serial number. -
Works of art-
1 B. Exempt Items: The following listed items are exempt from the provisions of this
article:
1. Beverage containers; and
2. Scrap paper.
4 -6B -134: INSPECTION:
A. The merchantlicensee must, during business hours, permit a duly authorized
police officer to inspect the entire premises covered by the license, including all records
that may have any relationship to the operation of the business.
B. The police may seize, with proper seizure notice, or require the junk dealer or
licensee to hold property which the police have probable cause to
believe is stolen property. A receipt will be given to the merchantlicensee for all property
seized. If the police have not seized or picked up the property within thirty (30) days
from the date of notification to the merchantlicensee, said merchantlicensee may
dispose of the property.
1 4- 6B -14-: SCREENING REQUIREMENTS FOR JUNK AND SALVAGE OPERATIONS:
A. Approval Of Screening Plan: An operator of a junkyard /salvage operation must
submit to the city manager a screening plan which must be approved for each individual
premises. The screening plan must integrate the screen with the natural surroundings
and consider and make provisions to assure reasonable access to the screen for
purposes of maintaining the screens.
B. Purpose Of Screening: The purpose of screening is to eliminate the visual impact
of the junkyard /salvage operation contents by obscuring it from view outside the
premises.
C. Materials For Use In Screening: Materials for use in screening of
junkyard /salvage operation generally consist of natural elements, plantings, fences, or
other appropriate means such as storage sheds, buildings, and other similar elements.
1. Natural elements a- einclude earthen berms, rock formations, wooded
areas, or other similar elements.
2. Plantings aeinclude shrubs and trees of such types as to provide year
round obscurement commensurate with local site conditions. All plant material
used for screening must be of a size and quantity to provide obscurement.
3. Screens must be made of wood, metal, or other materials commonly used
in the building trade and be of such height and type as necessary to provide
obscurement. Screens must be designed to withstand a minimum wind load of
twenty (20) pounds per square foot and be of a permanent nature. All materials
used for finishing screens must be a nonreflective material which will blend with
the natural surroundings. Screening must not be placed in any manner so that
either the screen or the maintenance of screen will create or contribute to the
creation of a safety hazard or endanger public safety, nor will it interfere with the
public's use of any right of way.
D. Maintenance Requirements: Junkyard /salvage operators must maintain the
screening in a condition equal to the original installation of the screening. Maintenance
includes, but is not limited to, the following items:
1. Replacement of plant material which is dead or has been damaged so that
it no longer serves the intended purpose of screening the junkyard /salvage
operation.
OFFICIAL
PUBLICATION
ORDINANCE NO. 2-14
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 4
BUSINESS AND LI-
CENSE REGULA-
TIONS, CHAPTER B
PAWNBROKERS AND
SECONDHAND DEAL-
ERS; JUNK AND,AUTO
SALVAGE DEALERS
BY AMENDING THE
PROOF OF FINANCIAL
RESPONSIBILITY
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
Section 1. Title 4,
Chapter 6 of the City of
Dubuque Code of Ordi-
nances is amended to
read as follows:
ARTICLE A.
PAWNBROKERS AND
SECONDHAND
DEALERS
4 -6A-1: DEFINITIONS:
For the purposes of
this article, the follow-
ing definitions apply:
PAWNBROKER: Any
person who makes
loans or advancements
upon pawn, pledge, or
deposit - of personal
property, who receives
actual possession of
personal property as
security for a loan,
with or without a mort-
gage or bill of sale,
who receives actual
possession of property
for resale, or otherwise
holds himself or herself
out as a pawnbroker.
PERSON OF GOOD
MORAL CHARACTER: A
person who meets all
of the following re-
quirements:
A. The person has
such financial standing
and good reputation as
will satisfy the city
council that the person
will comply with all the
laws, provisions of this
code, other city ordi-
nances, and regula-
tions applicable to the
person's operations
under state law. How-
ever, the city council
will not ,require the
person to post a bond
to meet the require-
ments of this subsec-
tion;
B. The applicant is a
citizen or legal resident
of the United States; in
the case of a corpora-
tion, is licensed to do
business in the state of
Iowa; or in the case of
a partnership, only one
general partner needs
to be a citizen or legal
resident;
C. The person has not
been convicted of a fel-
ony. However, If a con-
viction of a felony oc-
curred more than five,
(5) years before the
application for a li-
cense or permit and if
the person's rights of
citizenship have been
restored, the city man-
ager may determine
that said person is a
person of moral char-
acter notwithstanding
the conviction; and
The requirements of
this definition apply to
the following:
1. Each of the officers,
directors, and partners
of such person.
2. A person who di-
rectly or Indirectly
owns or controls ten
percent (10%) or, more
of any class of stock of
such person.
3. A person who di-
rectly or Indirectly has
an interest of ten per-
cent (10 %) or more In
the ownership or prof-
its of such person.
SECONDHAND DEAL-
ER: Any person who
purchases or receives
used goods or materi-
als for the purpose of
resale including, but
not limited to:
Bicycles
Coins
Collectibles
Computers, software,
and computer accesso-
ries
Construction equip-
ment
Electronic equipment
Firearms
Glassware
Household appliances
Hunting and fishing
equipment
Jewelry
Lawn and garden
tools, equipment, and
furnishings
Motor vehicle parts
and equipment
Motor vehicles
Musical instruments
Photographic /video
parts and equipment
Precious and semipre-
cious stones
Precious metals In the .
form of bullion or
Ingots
Radio equipment.
Rare books
SJlver /silverware
Sporting goods
Stereo equipment
Television equipment.
Tools
Untitled motor vehi-
cles
Video game systems,
originally manufac-
tured with a serial
number
Works of art
Nonprofit corpora-
tions and businesses
which are not primarily
engaged in the sale of
secondhand goods are
exempt 'from this arti-
cle.
4 -6A -2: PENALTIES:
Failure to comply with
this article is a viola-
tion of this Code and is
punishable as provided
In title 1 of this code.
Each day of noncompli-
ance with this article is
a separate offense.
4-6A-3; LICENSE:
A. License Required;
Application: No person
may engage In the
business of pawnbrok-
er or secondhand deal-
er without first obtain-
ing a license therefor.
Applications for such
licenses must be filed
with the city clerk and
the license Issued by
the city clerk.
4 -6A -4: PERSONS ELI-
GIBLE:
Subject to the re-
quirements of this arti-
cle, a person who Is of
good moral character
may apply for a li-
cense. In the case of a
club, corporation, or
partnership, the offi-
cers of the club or cor-
poration and the part-
ners of a partnership
must ' be persons of
good moral character
as defined by state law ,
and this article.
4 -6A -5: APPLICATION
CONTENTS::
Appl' sior the
original Is'uC% Or the
renewal of i censes
must be filed at the
time and In the number
of copies as the city I
manager prescribes,
on forms prescribed by
the city manager, and
must set forth under
oath the following in-
formation:
A. The name and ad-
dres of the applicant;
B. The precise loca-
tion of the premises for
which a license is
sought;
C. The names and ad-
dresses of all persons,
or In the case of a cor-
poration, the officers,
directors, and persons
owning or controlling
ten percent (10 %) or
more of the capital
stock thereof, having a
financial Interest, by
way of loan, owner-
ship, or .otherwise In
the business;
D. A statement wheth-
er any person specified
in subsection C of this
section has ever been
convicted of any of-
fense against the laws
of the United States, or
any state or territory
thereof, or any political
subdivision of any such
state or territory; and
4 -6A -7: PROOF OF FI-
NANCIAL RESPONSI-
BILITY:
Pawnbrokers and sec-
ondhand dealers who
receive actual posses-
sion of property for re-
sale with an agreement
to return the property
to the owner within a
specified period of
time must furnish
proof of financial re-
sponsibility by posting
bend in such amount
as determined by the
city manager.
4 -6A -9: EXEMPTIONS
FROM ARTICLE:
This article does not
apply to or include the
following:
A. Solicitors governed
by chapter 5 of this ti-
tle, except for purchas-
ers of gold, bullion,
ingots, precious met-
als, and jewelry who
are subject to the pro-
f visions of these pawn -
broker and second-
hand dealer regula-
r tions.
B. The sale of second-
hand goods as follows:
5. Goods sold at a
public market, such as
farmers' marJcett or
E. Beverage contain-
ers.
F. Scrap paper,
4- 6A -10: DENIAL, SUS-
PENSION, OR REVOCA-
TION OF LICENSE:
A. Reasons For Denial,
Suspension, Or Revo-
cation: The city man -
ager may, upon good
cause, deny issuance
or renewal of a license
or suspend or revoke
any license issued un-
der this article for a pe-
riod not to exceed one
year for any of the fol-
lowing:
1. Violation of any
federal, state, or local
law:
3. Failure to cooperate
with, law enforcement;
or
E. Notice Of License
Suspension Or Revoca-
tion: The city manager
will cause to be issued
a notice that said li-
cense is suspended or
revoked and therein
set forth the reason(s)
therefor. Said notice
must be sent to the li-
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: January 10, 2014, and for which the charge is $211.13.
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this /Da day of , 20 l9- .
otary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017
censee --- 'by'ceftrilea
United States mail to
the registered business
address on file with the
city clerk or by person-
al service as provided
by Iowa law.
4- 6A -11: REQUIRED
RECORDS:
A. Pawnbrokers and
secondhand dealers
must provide an elec-
tronic transaction of all
articles of any kind
purchased or received
using the city's elec-
tronic reporting system
as approved by the city
manager. Businesses
that sell, deal, or trade
in electronic media/
gaming systems must
report al) merchandise
originally manufac-
tured with a serial
number. •
The report must be a
full, true, and complete
report . of all goods,
wares, merchandise, or
items obtained on de-
posit, pledge, or pur-
chase, or otherwise re-
ceived, and must con-
tain the following:
4. A. record of whether
the transaction was a
purchase, security,
consignment transac-
tion, or donation; and
5. A record of monies
paid ' or loaned and
which may be main-
tained separately but
which . must be availa-
ble for inspection in
the•course of examina-
. tion of individual trans-
actions. .
The electronic report-
ing system will provide
for an upload of a com-
plete electronic report.
.Each " pawnbroier"
and "secondhand deal-
er" as defined by this
article must at the end
of each day provide an
electronic upload to
the electronic report-
ing hem of all trans-
actions that occurred
during that business
day.
4- 6A -12: PROHIBITED
ACTS:
C. Identification Re-
quired: No pawnbroker
or secondhand dealer
may receive any goods
or materials unless the
Seller presents one pic-
ture identification or
two (2) other forms of
identification. Proper
identification consists
of, but is not limited to,
driver's license, picture
identification, birth
certificate, draft card,
military identification
card, and /or major
credit card.
E. Jewelry: Antique,
new, used, or scrap
jewelry, and precious
metals may not be
changed in form by
melting, remounting, -
cutting up, or other-
wise changing the form
of said items for a peri-
od of five (5) days from
the time of purchase of
said items.
4-6A-13: INSPECTION:
A. The licensee must,
during business hours,
permit a duly author-
ized
police officer to in-
spect the entire prem-
ises covered by the li-
cense, including all re-
cords that may have
any relationship to the
operation of the busi-
ness.
B. The police may
seize, with proper seiz;
ure notice, or require
the licensee to hold
property which the po-
lice have probable
cause to believe is sto-
len property. A receipt
will be given to the li-
censee for all property
seized. If the police
have not seized or
picked up the property
within thirty (30) days
from the date of notifi-
cation to the licensee,
said licensee may dis-
pose of the property.
Said licensee may peti-
tion the court at the
conclusion of any crim-
inal investigation and/
or proceeding for re-
turn of any unclaimed
merchandise confiscat-
ed from their posses-
sion related -to the in-
vestigation.or prosecu-
tion. Said licensee may
also be eligible for as-
sistance from the state
of Iowa crime victim
compensation fund.
ARTICLE B. JUNK
DEALERS AND AUTO
- SALVAGE DEALERS
4 -6B -1: DEFINITIONS:
For the purposes of
this article, the follow-
ing definitions apply:
PERSON OF GOOD
MORAL CHARACTER:
Any person who meets
all of the following re-
quirements:
A. The person has
such financial standing
and good reputation as
will satisfy the city
council that the person
will comply with _all the
laws, provisions of this
code, other city ordi-
nances, and regula-
tions applicable to the
person's operations
under state law. How-
ever, ''the city council"
will not require the
person to post a bond
to meet the require-
ments of this subsec-
tion;
B. The 'applicant is a
citizen or legal resident
of the United States;.in
the case of a.corpora•
tion, is licensed to do
business in the state of
Iowa; or in the case of
a partnership, only one
general partner needs
to be a citizen or legal
resident
C. The person has not
been convicted of a fel-
ony. However, if a con -
viction of a felony oc-
curred more than five
(5) years before the
application for a li-
cense or permit and if
the person's rights of
citizenship have been
restored, the city man-
ager may determine
that said person is a
person of moral char-
acter notwithstanding
the-carvictiion; and ---- --
The requirements of
this definition apply to
the following:
1. Each of tlfe officers,
directors, and partners
of such person.
2. A person who di-
rectly or • indirectly
owns or controls ten
percent (10 %) or more
of any class of stock of
such person.
3. A person who di-
rectly or indirectly has
an interest Of ten per-
cent (10 %) or more in
the ownership or prof-
its of such person.
4 -6B -2: PENALTIES:
Failure to comply with
this article is a viola-
tion of this code and is
punishable as provided
in title 1 of this code.
Each day of noncompli-
ance with this article is
a separate offense.
4 -6B -3: LICENSE:
A. License Required;
Application: No person
may engage in the
business of junk dealer
or auto salvage dealer
without first obtaining
a license therefor. Ap-
plications for such .li-
cense must be filed
with the city clerk and
issued by the - city
clerk.
4 -6B -4: PERSONS ELI-
GIBLE:
Subject to the re-
quirements of this arti-
cle, a person who is of
good moral character
may apply for a li-
cense. In the case of a
club, corporation, or
partnership, the offi-
cers of the- club- or -cor-
poration and the part=
ners of a partnership
must be persons of
good moral character
as defined by state law
and this article.
4 -6B -5: APPLICATION
CONTENTS:
Applications for the
original issuance or the
renewal of - licenses
must be filed at the
time and in the number
of copies as the city
manager prescribes,
on forms prescribed by
the city manager, and
must' set forth, under
oath the following -in-
formation:.
A. The name and ad-
dress of the applicant;
B. The precise loca-
tion of the premises for
which a license -is
sought;
C. The names and ad-
dresses of, all persons,
or in the case of a cor-
poration, the officers,
directors, and persons
owning or controlling
ten percent (10 %) or
more of the capital
stock thereof, having a
financial interest, by
way of loan, owner-
ship, or otherwise in
•-the basin e'ss,----- -
D. A statement wheth-
er any person specified
in subsection G of this
section has ever been
convicted of any of-
fense against the laws
of the United States,'or
any state orr territory
thereof, or any political
subdivision of any such
state or territory; and
4 -6B -6: INVESTIGA-
TION . OF APPLICANT
AND PREMISES:
Upon receipt of an
original application for
a license, the city clerk
will forward the appli-
cation to the chief of
police, who will con-
duct an investigation
and submit a written
report on the applicant
as to the truth of the
facts averred in the ap-
plication and a recom-
mendation to the city
manager as to the ap-
proval of the license.
4 -6B -7: DISPLAY OF LI-
CENSE:
4 -6B -8: EXEMPTIONS
FROM ARTICLE:
4 -6B -9: DENIAL, SUS-
PENSION OR REVOCA-
TION OF LICENSE:
-A. Reasons For Denial,
Suspension, Or Revo-
cation: The city man -
ager•may, upon good
cause, deny issuance
or renewal of a license
or suspend or revoke
any license issued un-
der this article for a pe-
riod not to exceed one
year for any of the fol-
lowing:
1. Violation of any
federal, state, or local
law;
3. Failure to cooperate
with law enforcement;
or
F. Notice Of License.
Suspension Or Revoca-
tion: The city manager
will cause to be issued
a notice that said li-
cense is suspended or
revoked and therein
set forth the reason(s)
therefor. Said notice
must be sent to the li-
censee by certified
United States mail to
the registered business
address on file with the '
city clerk or by person-
al service as provided
by Iowa, law. ,
4- 6B -10: REQUIRED
RECORDS:
A. Junk dealers must
maintain a record of all
. articles , of any kind
- purchased or received.
The record must be a
full, true, and complete
report of all goods,
wares, merchandise, or
items obtained on de-
posit, pledge, or pur-
chase, or otherwise re-
ceived, and mast _con -
- fain-the-followmg:
B. Auto salvage deal-
ers must maintain a re-
cord of all articles of
any kind purchased qr
received. The record
must be a full, true,
and complete report of
all goods, wares, mer-
chandise, or items ob-
tained on deposit,
pledge, or purchase, or
otherwise received.
The report must con-
tain the following:
4- 6B -11: PROHIBITED
ACTS:
C. Identification Re-
quired: No junk dealer
or auto salvage dealer
may receive any goods
or materials unless the
seller presents one pic-
ture identification or
two (2) other forms of
identification. Proper
identification consists
of, but is not limited to,
driver's license, picture
identification, birth
certificate, draft card,
military identification
card, and /or major
credit card.
4- 6B -12: PURCHASES
OR DONATION TRANS-
ACTIONS:
A. Application Of Arti-
cle To Certain Goods
And Materials: The
purchase or receipt of
the following listed
goods or materials as a
purchase or a donation
is governed by this ar-
ticle:
Bicycles
Collectibles
Computers, software,
and computer- accesso-
ries
Construction_ equip,,.
ment •
Electronic equipment '
Firearms
Glassware
Household appliances
Household furniture
Hunting and fishing
equipment
Jewelry
Junk
Lawn- and garden
tools, equipment, and-
furnishings
Motor vehicle parts
and equipment
Motor vehicles
Musical instruments
Photographic /video
parts and equipment
Precious and semipre-
cious stones
Precious metals and
coins, including, but
not limited'to, gold, sil-
ver, platinum,; titanium,
and tungsten
Radio equipment
Rare books
Silver /silverware
Sporting goods
Stereo equipment
Television equipment
• Tools
Untitled motor vehi-
cles
Video me systems-.
originally manutac-
tured with a serial
number -
Works of art
B. Exempt Items: The
following items are ex-
empt from the provi-
sions of this article:.
1. Beverage contain,
ers; and
2. Scrap paper.
4- 6B -13: INSPECTION: •
A. The licensee must,
during business hours,
permit a duly author-
ized police officer to in-
spect the entire prem-
ises covered by the li-
cense, including all re-
cords that may have
any relationship to the
operation of the busi-
ness.
B. The police may
seize, with proper seiz-
ure notice, or require
the licensee to hold
property which the po-
lice have probable
cause to believe is sto-
len property. A receipt
• will be given to the li-
censee for all property
seized. If the police
have not seized or
picked up the property
within thirty (30) days
from the date of notifi-
cation to the licensee,
said licensee may dis-
pose of the. property.
4- 6B -14: SCREENING
REQUIREMENTS FOR
JUNK AND SALVAGE
OPERATIONS:
A. Approval Of
Screening Plan: An op-
erator of a junkyard/
salvage operation must
submit to the city man-
ager a screening plan
which must be ap-
proved for each indi-
vidual premises. The
screening plan must in-
tegrate the screen with
the natural surround-
ings and consider and
make provisions to as-
sure reasonable access
to the screen for pur-
poses of maintaining
the screen.
B. Purpose Of Screen-
, ing: The purpose • of
screening is to elimi-
nate the visual impact
of ;'the junkyard /sal-
vage operation con-
tents by obscuring it
from view outside the
premises. •
C. Materials For Use
In Screening: Materials
for use in screening of
junkyard /salvage oper-
ation •generally consist
of natural elements,
plantings, fences, or
other appropriate
means such as storage
sheds, buildings, and
Other similar elements.
1. Natural elements
include earthen berms,.
rock formations, wood-
ed areas, or other simi-
lar elements.
2. Plantings include
shrubs and trees of
such types as to pro-
vide :_year round
obscurement commen-
surate with local- site
conditions. All plant
material used for
screening must be of a
size and quantity to
provide obscurement
3. Screens must be
made of wood, metal,
or other materials
commonly used in the
building trade and be
of such height and type
as necessary to pro-
vide obscurement
Screens must be de-
signed to withstand a
minimum wind load of
twenty (20) pounds per
square foot and be of a
permanent nature. All
materials used for fin-
ishing screens must be,
a nonreflective materi-
al which will blend with
the natural surround-
ings. Screening must
not be placed in any
manner so that either
the screen orthe-main-
tenance of screen will
create or contribute to
the creation of a safety
hazard - or endanger
public safety, nor will it
interfere with the pub-
lic's use of any right of
.way.
D. Maintenance Re-
quirements: Junkyard/
salvage operators
must maintain the
screening in a condi-
tion equal to the origi-
nal installation of the
screening. Mainte-
nance includes, but is
not limited to, the fol-
lowing items:' •
1. Replacement of
plant material which is
dead or has been dam-
aged so that it no lon-
ger serves the intend-
ed purpose of screen-
ing the junkyard /sal-
vage operation.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved,
and adopted the '6th
day of January, 2014.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially-in
the Telegraph Herald
newspaper on the 10th
day of January, 2014.
/s /Kevin S. Firnstahl,
City Clerk
It 1/10