Editor's note—Ord. No. 74-48, § 1, adopted
Nov. 13, 1974, amended this Code by adding Art. V, §§ 17-100—17-109,
to read as herein set out.
It is the purpose and intent of this article to establish a
means of identifying the owner of each commercial quantity of avocados
so as to provide a means of controlling the alarming incidence of
thefts of avocados within the city.
(Ord. No. 74-46, § 1, 11-13-74)
Whenever in this article the following words or phrases are
used, they shall mean:
shall mean any quantity of avocados in excess of 40 pounds
exclusive of the container.
shall mean the movement or conveyance by any means whatsoever
of a commercial quantity of avocados over any road, street or highway
within the City of Escondido.
shall mean the police chief of the City of Escondido or any
of his duly appointed officers.
shall mean any person, or authorized agent thereof, who grows,
distributes or retails avocados, including but not limited to, the
following: grower, packer, and wholesale or retail fruit stand.
(Ord. No. 74-46, § 1, 11-13-74)
Every person who transports a commercial quantity of avocados
shall (1) cause a statement of ownership to be prepared and retained
in his personal possession at all times while transporting said avocados
and (2) deliver a copy of such statement to each handler of the avocados
being transported. Such statement of ownership shall contain the following
information:
(a)
The
name, address, and telephone number of each person who transports
the avocados.
(b)
The
name, address, and telephone number of each handler of the avocados.
(c)
The
date transportation of the avocados begins and estimated time of delivery.
(d)
The
kind and quantity of avocados being transported.
(e)
Points
of origin and destination.
(Ord. No. 74-46, § 1, 11-13-74)
Every handler who delivers or receives a commercial quantity
of avocados shall obtain a copy of the statement of ownership from
the person transporting said avocados. The person transporting said
avocados and each handler shall retain a copy of each statement of
ownership for one year following the date the transportation of said
avocados begins and shall maintain the same for inspection and review
at any reasonable time by the police chief upon his request.
(Ord. No. 74-46, § 1, 11-13-74)
Any peace officer, upon probable cause to believe a person is
transporting a commercial quantity of avocados, may stop such person
and inspect such avocados whereupon, the statement of ownership described
in Section 17-103 shall be presented to said peace officer, upon request.
(Ord. No. 74-46, § 1, 11-13-74)
Any peace officer, upon reasonable belief that a person is not
in legal possession of a commercial quantity of avocados, may seize
such avocados without warrant. Upon seizure the peace officer shall
take custody of the avocados and turn the same over to the custody
of the police chief. The police chief shall receive and provide for
the care and safekeeping of such avocados in a refrigerated storage
facility at a temperature range of approximately 40 degrees Fahrenheit.
(Ord. No. 74-46, § 1, 11-13-74)
The police chief shall make reasonable investigation to ascertain
ownership of all commercial quantities of avocados seized pursuant
to this article. The police chief shall release custody of said avocados
to the rightful owner upon submission to the police chief of satisfactory
proof of ownership and after payment of a reasonable charge sufficient
to reimburse the police chief for costs incurred in storing said avocados.
(Ord. No. 74-46, § 1, 11-13-74)
If for any reason a commercial quantity of avocados is not released
to its rightful owner after being in the custody of the police chief
for five days, the police chief may sell said avocados by public auction,
in the manner and upon the notice of sale as prescribed by law for
the sale of perishable property under execution. All of said avocados
remaining unsold after being offered at such public auction may be
destroyed or otherwise disposed of by the police chief. All proceeds
derived from the sale of said avocados shall be held by the police
chief for a period of at least six months, during which time the rightful
owner of said avocados may submit satisfactory proof of ownership
and obtain possession of the proceeds after payment of a reasonable
charge sufficient to reimburse the police chief for costs incurred
in storage and sale of said avocados. After retention of the proceeds
for a period of at least six months, the police chief shall deposit
such proceeds in the general fund of the city.
(Ord. No. 74-46, § 1, 11-13-74)
This article shall not apply to the transportation of a commercial
quantity of avocados which has been certified pursuant to Article
2 (commencing with Sec. 44971), Chapter 9, Division 17 of the Food
and Agricultural Code.
(Ord. No. 74-46, § 1, 11-13-74)
(a)
Any
person who knowingly provides false information for a statement of
ownership, includes false information in a statement of ownership,
or alters information contained in a statement of ownership or any
copy thereof, shall be guilty of a misdemeanor.
(b)
Any
person who violates any provision of this article shall be guilty
of a misdemeanor.
(Ord. No. 74-46, § 1, 11-13-74)
