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O-39-44 . ORDINANCE NO. if1 AN ORDINANCE DEFINING JUNK DEALERS IN THE CITY OF CLERN.ONT; REQUIRING JUNK DEALERS TO Y~EP CERTAIN RECORDS; REQUIRING JUNK DEALERS TO ~~KE CERTAIN REPORTS, AND PER- MIT CERTAIN INSPECTIONS; AND PROVIDING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT: SECTION 1. Every person, firm or corporation which deals in what is commonly known as "¡funk", including scrap metal, used automobile and other vehicle parts, used miscel- laneous articles, and articles which are commonly referred to as Junk, are hereby classed as "Junk Dealers", and in addi- tion to the license required by the present Ordinances of the City of Clermont shall be governed by the further provisions of this Ordinance. SECTION 2. Every Junk'Dealer in the City shall keep a true and correct record of all materials purchased by him, including date of purchase, name and address of seller, and a fair description of the property purchased, and on all purchases amounting to more than One Dollar shall require an invoice or bill of sale; if the seller is an agent, he shall furnish the name of the owner of the property sold; all articles which have value for resale other than their scrap value shall be listed sufficiently for identification. - . SECTION 3. Every, such Junk Dealer shall also keep a true and correct record of all material sold by him, showing date of sale, name and address of purchaser (including, if purchaser is an agent, name and address of principal) and a fair description of the property sold, and on all sales amounting to more than One Dollar shall furnish the pur- chaser with an invoice or bill of sale, and all articles which have value for resale above their scrape value shall be listed sufficiently for identification. . . SECTION 4. Every Junk Dealer in the City of Clermont shall furnish daily to the City Marshall of the City of Clermont a list of all purchases and sales made by him. Such report shall be delivered to the office of the City Clerk not later than 5:00 P.M. on the day following such purchase or sale, except where such day is Sunday or a legal holiday, when such report shall be made the next succeeding business day. Such reports shall give the information provided for in Sections 2 and 3 of this Ordinance and shall be on forms furnished by the City. SECTION 5. In addition to the reports mentioned in the foregoing Sections, every such Junk Dealer shall keep his records open for inspection by the City Marshall, or any peace officer, during reasonable business hours; and the Marshall, or any peace officer, shall have the right to inspect the materials on hand without a search warrant; but no articles shall be taken from the custody of such Junk Dealer without his consent, unless such articles are identified as stolen property. . SECTION 6. Any Junk Dealer who violates the pro- visions of either Section 2 or Section 3, or both, of this Ordinance shall be guilty of the offense of "Failing to keep proper records as a Junk Dealer", and upon conviction thereof shall be punished by a fine of not less than Five Dollars nor more than Fifty Dollars, or by imprisonment in the City Jail for not more than Ten Days; or by both such fine and imprisonment in the discretion of the Mayor. SECTION 7. Every Junk Dealer who shall violate any of the provisions of Section 4 of this Ordinance shall be guil ty of the offense of "Failing to make proper reports as a Junk Dealer" and shall upon conviction thereof be punished .. by a fine of not less than Five Dollars nor more than Fifty Dollars or by imprisonment in the City Jail for not more than Ten Days; or by both such fine and imprisonment, in the discretion of the Mayor. SECTION 8. Any person violating any of the pro- visions of Section 5 of this Ordinance shall be guilty of the offense of "Interfering with an officer in the Perfor- mance of his Duty", and upon conviction thereof shall be pun:li.shed by a fine of not less than Five Dollars nor more than Fifty Dollars, or by imprisonment in the City Jail for not more than Ten Days; or by both such fine and imprisonment, in the discretion of the Mayor. SECTION 9. This Ordinance is passed under the police power of the City, to aid in the arrest of thieves and robbers, and in the recovery of stolen property, and shall be so construed. SECTION 10. All ordinances and parts of ordinances in conflict herewith are hereby repealed and this Ordinance shall go in effect on January 1, 1940. Passed by t e Council on December 5, 1939. Attest: h . r7~~P141./l City Clerk pre~~Xt/cl~y Cóunc~ Received and approved by me this December 5, 1939. :.,. . #&~ Mayor