For the purpose of this chapter, the following definitions shall
be applicable:
means every person, firm or corporation that buys, sells,
stores, exchanges, otherwise deals in, or in any other manner comes
into possession of motor vehicles, as that term is defined in the
Vehicle Code of the state of California, for the purpose of selling,
storing, dismantling or disassembling the same, or that stores, sells,
dismantles or disassembles any such motor vehicles, whether for the
purpose of utilizing, selling, storing or otherwise disposing of the
component parts or materials of such vehicles, including the disposal
thereof as junk.
refers to partnerships, firms and corporations, as well as
to individuals.
means any motor vehicle which is damaged, dismantled or disassembled,
or which is intended for dismantling or disassembling, or any substantial
portion or part thereof, that is used, owned or possessed for the
purpose of junking the same or salvaging parts therefrom.
(Ord. 369 § 1, 1955)
A.
It is
unlawful for any person to engage in, or carry on, or conduct, or
in any way participate in, the business of auto wrecker in the city,
without having previously obtained from the city a permit to do so.
Applications for all such permits shall be made to the city council
upon blanks to be obtained from the city clerk for that purpose. The
applicant shall give all the following information:
1.
His
true and correct name and that of any and all partners or associates;
2.
The
place or places at which such business is, or is to be, conducted
or maintained;
3.
The
name or names under which such business is conducted;
4.
All
residence addresses of the applicant, and likewise of any and all
partners or associates, during the three-year period immediately preceding
the filing of the application;
5.
If
previously engaged in such business, all names under which the same
was conducted and the full and complete address or addresses thereof;
and
6.
Such
other or additional information as may, from time to time, be required
by the city council. Each application shall be accompanied by a nonrefundable
processing fee as set forth in the master fee schedule of the city
adopted by resolution of the city council.
B.
Upon
receipt of any such application, the city clerk shall refer it to
the city manager and to the fire, police and health departments of
the city so that such departments may make appropriate investigations.
Each of the departments shall, within two weeks from the date of referral,
file its written recommendations with the city clerk, who shall thereafter,
without undue delay, forward the application, together with all such
written recommendations, to the city council. The city council shall
then grant or deny the application, and if the same is granted it
shall append thereto such reasonable conditions as it deems advisable.
Following favorable action by the city council, the city clerk shall
issue the permit. No permit granted hereunder shall be assignable
or transferable in any way, and if there is any change whatsoever
in the ownership or operation of an auto wrecking business, a new
permit shall be required, after the making of an application therefor,
as herein specified.
C.
All
persons presently engaged in the business of auto wrecker shall have
fifteen days from the applicable date of the ordinance codified herein
to obtain from the city a permit to continue to carry on, maintain
and conduct such business.
(Ord. 369 § 2, 1955; Ord. 912 § 6, 1982)
It is unlawful for any person to carry on, maintain or engage in the business of auto wrecker unless such business is carried on, maintained or conducted in full compliance with the regulations codified in Sections 6.68.040 through 6.68.100.
(Ord. 369 § 3, 1955)
Such business shall be carried on, maintained or conducted entirely
within an enclosed building, or buildings, unless the premises on
which such business is carried on, maintained or conducted is entirely
enclosed by a neat appearing solid, firm and substantial nontransparent
fence or wall, not less than eight feet in height, and constructed
of brick, concrete, wood, stone or metal, or a combination of such
materials, or of any similar, durable substance.
(Ord. 369 § 3(a), 1955; Ord. 388 § 1, 1956)
The fence or wall shall, at all times, be maintained in a neat,
substantial, safe and sanitary condition. All wooden fences shall
be painted at least once in every two-year period.
(Ord. 369 § 3(b), 1955)
No advertising of any kind whatsoever (words, signs, pictures,
posters, placards, mechanical devices, transparencies or other advertising
mediums) shall be placed, or caused to be placed, or to be maintained,
or caused to be maintained, upon the outward face of such fence or
wall, except as may be permitted by other applicable law.
(Ord. 369 § 3(c), 1955)
Gates for access to the premises shall swing inwardly, and such
gates shall be kept tightly closed when the premises are not open
for business.
(Ord. 369 § 3(d), 1955)
No automobile bodies, salvaged parts, metals, tires or accessories
shall be piled, or permitted to be piled, to a height in excess of
six feet, and in no event higher than the enclosing fence or wall
or nearer than two feet thereto. All such automobile bodies, or salvaged
parts, metals, tires or accessories shall be piled neatly in rows
having a width not greater than eight feet, and there shall be at
least two feet of free passageway intervening between such rows. Further,
the entire area so used for the storing of automobile bodies and parts
shall at all times be kept free from grass, weeds, rubbish or other
accumulations which in any way constitute a fire hazard or a nesting
or breeding place for rats, mice and other rodents.
(Ord. 369 § 3(e), 1955)
The premises, and every part thereof, upon which such auto wrecking
is conducted shall, at all reasonable times, be open to inspection
by fire, health, police, building authorities or other authorized
public officials.
(Ord. 369 § 3(f), 1955)
No permit for such business shall hereafter be issued unless
and until the fire department of the city has reported to the city
council that the provisions of this chapter have been fully and completely
complied with.
(Ord. 369 § 3(g), 1955)
Every auto wrecker, or garage operator who in any way deals
in wrecked automobiles, shall keep a full, true and complete report
with respect to each wrecked automobile setting forth all the following
information:
A.
The
name and address of the person, or persons, from whom the same was
purchased or received;
B.
The
make, license number and state of registration, motor number, serial
number, style and seating capacity; and
C.
The
date on which the same was purchased or acquired.
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The report of all purchases, assignments, sales or exchanges
of such wrecked automobiles shall at all times be open to the inspection
of the chief of police or any other police officer of the city.
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(Ord. 369 § 4, 1955)
No person engaged in conducting or carrying on the business
of auto wrecker shall fail, refuse or neglect to keep any record or
file any report in the time, form and manner required by this chapter,
or fail, refuse or neglect, upon demand being made, to exhibit for
inspection any such record or report to the chief of police or to
any police officer of the city.
(Ord. 369 § 5, 1955)
Every person conducting an auto wrecking business shall, immediately
upon receipt of a wrecked or damaged automobile to be dismantled or
stored, empty the crank case and gasoline tank completely of their
contents so as to avoid danger of fire or explosion.
(Ord. 369 § 6, 1955)
Because of the danger of fire and in order to eliminate nesting
and breeding places for rats, mice and other rodents, it is unlawful
for any auto wrecker or garage to store or allow to remain standing
upon his or her premises any wrecked automobile for a period exceeding
ninety days from the date on which any such wrecked automobile is
received, unless the same is completely dismantled or disassembled.
Upon good cause being shown therefor, the police department may grant
reasonable extensions in the time limit.
(Ord. 369 § 7, 1955)
The failure of any person to carry on, maintain and conduct
the business of auto wrecker according to the regulations herein provided,
after a permit has been issued therefor, shall be good and sufficient
cause for the revocation of the permit. In the event that it appears
to the city council that any permittee has failed to comply with the
provisions of this chapter, the body shall fix a date for hearing
the charge of violation and shall give to such permittee, at least
five days in advance of such hearing, written notice thereof by mailing
or delivering the same to him or her. If, upon such hearing, the city
council finds that the permittee has failed to comply with the provisions
of this chapter, the permit shall be revoked.
(Ord. 369 § 8, 1955)
Any person, persons or corporation who violates any provision
of this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than fifty dollars
nor more than five hundred dollars, or by imprisonment for a period
not exceeding three months, or by both such fine and imprisonment.
No sentence imposed hereunder shall be suspended.
(Ord. 369 § 11, 1955)
