§ 5.60.090. Penalties and enforcement.

A.

A junk dealer or recycler who fails in any respect to keep any written record required by this chapter or to set out in that written record any matter required by this chapter to be set out therein, is guilty of a misdemeanor.

B.

Every junk dealer or recycler who refuses, upon demand by any police department or code enforcement officer, to exhibit any written record required by this chapter, or who destroys that record within two (2) years after making the final entry of a purchase or sale of junk therein, is guilty of a misdemeanor.

C.

Any knowing and willful violation of subdivisions A. or B. shall be punishable as follows:

1.

For a first offense, by a fine of not less than one thousand dollars, or by imprisonment in the county jail for not less than thirty days, or by both that fine and imprisonment.

2.

For a second offense, by a fine of not less than two thousand dollars, or by imprisonment in the county jail for not less than thirty days, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph, the court may order the defendant to stop engaging in business as a junk dealer or recycler for a period not to exceed thirty days.

3.

For a third or any subsequent offense, by a fine of not less than four thousand dollars, or by imprisonment in the county jail for not less than six months, or by both that fine and imprisonment. In addition to any other sentence imposed pursuant to this paragraph the court shall order the defendant to stop engaging in business as a junk dealer or recycler for not less than one year.

D.

Any unauthorized disclosure of personal identification information collected from a seller by a junk dealer or recycler is prohibited, and any such disclosure shall render the violator liable for a civil fine of up to five thousand dollars.

E.

Any reporting business violating any provision of this chapter, including but not limited to any knowing or intentional misrepresentation of information required under this chapter or who is personally convicted of any felony involving theft, burglary, robbery, embezzlement or other felonious crime of moral turpitude involving dishonesty, deception or fraud, shall be subject to having their business license, or their application for a business license, revoked or denied by the city of Calexico pursuant to the procedures set forth in the Municipal Code.

F.

Nothing in this chapter shall be construed or deemed preventative or limiting the city of Calexico and/or the Imperial County District Attorney Office from seeking some or all penalties provided for or from seeking any other available enforcement procedure or remedy at law against the reporting business.

G.

Nothing in this section shall be construed or deemed to prevent or limit the police department from carrying out any arrest, enforcement action, seizure of property, or other duties as permitted by law.

(Ord. No. 1195, § 2, 1-23-2019)