5.80.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Junk" means any and all secondhand and used machinery and scrap iron, including automobiles, tools, implements or parts or portions thereof, and any and all secondhand and used furniture or other personal property, other than livestock, or parts or portions thereof.
"Junk dealer" includes any person engaged in the business of buying, selling and dealing in junk, any person purchasing, gathering, collecting, soliciting or traveling about from place to place procuring junk, and any person operating, carrying on, conducting or maintaining a junk yard or place where junk is gathered together and stored or kept for shipment, sale or transfer.
"Junk yard" includes any yard, plot, space, enclosure, building or any other place where junk is collected, stored, gathered together and kept.
"Pallet" means a wooden or plastic carrier or container, approximately forty-eight (48) inches by forty (40) inches with a forklift entry, used to transport merchandise, commodities or products.
"Pallet reseller" means and includes any person whose principal business is primarily that of engaging in buying, selling, or trading secondhand or used pallets.
"Pawnbroker" means and includes any person engaged in the business of receiving goods in pledge as security for a loan.
"Secondhand dealer" means and includes any person, whose principal business is primarily that of engaging in buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning or auctioning secondhand personal property.
"Secondhand dealer" also includes any person who owns or operates an auction or any other event at which two or more persons offer secondhand personal property for sale or exchange and where a fee is charged for the privilege either of offering or displaying such property for sale or exchange or for admission of prospective buyers to the area where such property is offered or displayed for sale or exchange, but does not include any person acting as
such dealer for the exclusive benefit of any community chest, fund, foundation or corporation organized and operated for religious, hospital or charitable purposes, and not conducted for profit, where no part of the gross receipts or net earnings of such sale or exchange, whether in the form of a percentage thereof or salary otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the sale or exchange, and does not include a person who owns the land on which the auction or event occurs if he or she has no control over such auction or event and has no personal knowledge of any facts arising from such auction or event which constitutes a violation of any provisions of this chapter.
"Secondhand dealer" also includes any person who conducts more than one garage sale per calendar year, or who conducts a garage sale which extends beyond two consecutive days. For the purposes of this chapter, a garage sale shall be defined as a sale conducted by an individual homeowner, apartment dweller or occupant of a dwelling unit, for the purpose of disposing of unwanted or surplus household furnishings or other personalty, usually conducted in a garage in a residential zone and for which no inventory is kept and no sales tax is paid on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location and may take on the nature and character of a rummage sale or fund raising event for civic or charitable purposes. The term "garage sale" shall not be limited to sales conducted in the garage, but shall encompass household sales conducted on any portion of the premises. (Prior code § 28.01.002)
