HomeMy WebLinkAboutORD NO 2230EMERGENCY ORDINANCE NO. 2230 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF :rHE
CITY OF BAKERSFIELD AMENDING SECTIONS 7.18.010
AND 7.18.090(d) AND ADDING SECTION 7.18.085 OF
TITLE 7 OF THE MUNICIPAL CODE RELATING TO RE-
PORTING OF SALES BY JUNK DEALERS AND SECONDHAND
DEALERS.
WHEREAS, in recent days there have been instances of stolen
automobiles being sold to junk dealers who have reported such sales
in an inadequate and insufficient manner to the Police Department,
resulting in needless delay in recovering said stolen vehicles.
There is an urgent need for a requirement of more specific reporting
by the junk dealer for the immediate preservation of the public
health, peace, property, safety and general welfare, in accordance
with Section 24 of the Bakersfield City Charter.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
That Section 7.18.010 of Chapter 7.18 of Title 7 of the
Municipal Code of the City of Bakersfield is hereby amended to read
as follows:
7.18.010 Definitions. The following words and phrases, when-
ever used in this Chapter, shall be construed as defined in this
section:
(a) "JUNK" is defined as any and all secondhand and used
machinery and scrap iron, including automobiles, automobile bodies,
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.
(b) "JUNK DEALER" is defined as any person, co-partnership,
firm or corporation, having a fixed place of business and conducting,
managing or maintaining any place where secondhand and used machinery
and scrap metals, including automobiles, automobile bodies, tools,
implements, or parts or portions thereof, are gathered together,
stored, purchased, crushed or mangled or kept for shipment, sale,
exchange or transfer.
(c) "JUNK COLLECTOR" is defined as a person, not having a
fixed place of business, who goes from house to house or place to
place gathering, collecting, buying, selling or otherwise dealing
in junk, or other articles commonly known as salvage.
(d) "SECONDHAND DEALER" is defined as any person co-partner-
ship, firm or corporation 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 furniture
dealers and pawnbrokers are included in this definition for the
purpose of reporting to the'Chief of Police in accordance with
Article 4, Chapter 9, Division 8 (commencing with Section 21625)
of the Business and Professions Code.
"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 when 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
or salary or otherwise, inures
holder or person participating
in the form of a percentage thereof
to the benefit of any private share-
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 has no control
over such auction or event and has no personal knowledge of any
facts arising from such auction or event which constitute a viola-
tion of any provisions of this Chapter.
(e) "SECONDHAND FURNITURE DEALER" is defined as any person,
co-partnership, firm or corporation dealing in, buying, selling
or exchanging secondhand household furniture or household goods;
provided, however, that this definition shall not include those
who handle or deal in secondhand household furniture or household
goods only as an incident to his regular business or one who con-
ducts or maintains a furniture store and whose principal business
consists of buying, selling or dealing in new or unused household
fnrniture or household goods.
(f) "PAWNBROKER" is defined as any person, co-partnership,
firm or corporation who carries on, conducts, maintains or engages
in the business of loaning money for interest for himself or any
other person, co-partnership, firm or corporation, and receiving
goods, wares or merchandise as a pledge or pawn in security for
the payment of same, or who purchases articles of personal pro-
perty and re-sells or agrees to re-sell such articles to vendors
or their assigns at prices agreed upon at or before the time of
such purchase.
(g) No person, co-partnership, firm or corporation shall be
deemed or considered a junk dealer or junk collector within the
meaning of this Chapter solely by reason ~r buying and/or selling
any of the articles mentioned in subsections (a), (b) or (c)
hereof from or to a junk dealer as hereinabove defined.
SECTION 2.
That Section 7.18.085 is hereby added to Chapter 7.18
of Title 7 of the Municipal Code of the City of Bakersfield to
read as follows:
7.18.085 Junk Dealers Report to Chief of Police - False
Information.
(a) Daily Report Required. All junk dealers shall report
to the Chief of Police of the City of Bakersfield every day before
12:00 Noon, on a purchase form, all the information required by
this section concerning the acquisition of all personal property
that is herein required to be reported.
to be
1.
2.
3.
(b) Information Required. The specific information required
set out on the junk dealer's purchase form is as follows:
Dealer's name, business address and telephone number.
Date of acquisition or purchase of the property.
The full name and description of the person or
persons selling or otherwise delivering the property; his or their
residence address and telephone number, license number of any
vehicle of such person or persons, and driver's license number of
such person or persons.
4. Material category descriptions and weight of such
property, amount of money or other consideration paid for such
property and time of payment.
5. Description and identification number of any auto-
mobile or automobile body delivered,
any; year, make and model.
(c) Personal Property Required
including license number, if
to be Reported. The following
personal property acquired by any junk dealer shall be subject to
daily report as required by sub-paragraph (a) above:
1. Automobiles and automobile bodies to be specifically
described in accordance with sub-paragraph (b) 1-5.
2. Castings, new foundry castings, wire, tubing, pipe,
fence material, pipe, chain, machinery parts, cable, tools, imple-
ments or parts thereof, automobile parts, to be described in
accordance with sub-paragraph (b) 1-4.
3. Any transactions totaling $5.00 or less need not be
reported, except automobiles or automobile bodies.
(d) Junk Collectors - Duties. Junk Collectors shall maintain
purchase records, including the information required to be set out
by junk dealers.
(e) Retention of Records. The records required by this sec-
tion shall be retained for a period of three years and shall be
available for inspection upon demand of any law enforcement officer.
The reports shall be written in the English language in a clear
and legible manner.
4.
(f) False Information a Misdemeanor. It shall be unlawful
for any person to furnish false information in connection with the
sale or exchange of any personal property sold to any junk dealer
or junk collector.
SECTION 3.
That Section 7.18.090(d) of Chapter 7.18 of Title 7 of
the Municipal Code of the City of Bakersfield is hereby amended to
read as follows:
(d) Secondhand Dealers Report Required. All secondhand
dealers as defined in Section 7.18.010(d) of this Chapter shall
be subject to and shall report all identifiable secondhand tangible
personal property which he has purchased, taken in trade, taken in
pawn, accepted for sale on consignment, or accepted for auctioning,
to the Chief of Police, all in the manner and within the time and
in accordance with Article 4, Chapter 9, Division 8 (commencing
with Section 21625) of the Business and Professions Code of the
State of California. The provisions of such article shall prevail
over any provisions in
conflict therewith.
this Section which are inconsistent or in
SECTION 4.
Any person lawfully engaging in business as a junk dealer,
junk collector, secondhand dealer, secondhand furniture dealer or
pawnbroker under a permit issued under Chapter 7.18 of the Municipal
Code on the effective date of this ordinance shall be deemed to have
the permit required by Section 7.18.020. Said permit shall be sub-
ject to revocation as provided in Section 7.18.080 of this Chapter.
SECTION 5.
This ordinance is hereby declared to be an emergency
ordinance under Section 24 of the Bakersfield City Charter and
shall become effective immediately upon passage.
.......... 00o ..........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at
meeting thereof held on the 19th day of May
by the following vote:
a regular
, 1975,
~ ,, ~, * :" ItlZDDERS, ROGERS, SCEALES, STRONG
C I any E x~f .f~?
czo Clerk of.*'~-~
the C~uncil of the' City of Bakersfield
APPROVED this 19th day of May
Y R o~ersfield
, 1975
APPROVED as to form:
CITY ATTORNEY of the/~ity of Bakersfield
Affihav ! of ost ng ( rh uan es
STATE OF CALIFORNIA, t
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that or~ ...................................~.~.~_..2...0. ........................................................................19..."~..~.. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ................ ..~.~.~.. _~.?. ...................................., 19.~.~__, which ordinance
was numbered ........ ~..2~P ...... New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING SECTIONS 7.18.010
AND 7.18.090(d) AND ADDING SECTION 7.18.085 OF
TITLE 7 OF THE MUNICIPAL CODE RELATING TO RE-
PORTING OF SALES BY JUNK DEALERS AND SECONDHAND
DEALERS.
Subscribed and sworn to before me this